RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/VNM/16
6 August 2001
(01-3895)
Working Party on the
Accession of Viet NamOriginal:  English
ACCESSION OF VIET NAM
Additional Questions and Replies
The Government of the Socialist Republic of Viet Nam has submitted replies to additional
questions  concerning the Memorandum on the Foreign Trade Regime of Viet Nam, with the request that
they be circulated to the members of the Working Pa rty.  Hereunder are replies to questions raised by
WTO Members on the basis of document WT /ACC/VNM/9 and other relevant documents.
_______________
CONTENTS
II. ECONOMY, ECONOMIC POLI CIES AND FORE IGN T RADE.......................................1
2. Economic Policies ............................................................................................................ ..........1
(a) Main directions............................................................................................................. .............1
(b) Monetary and fi scal policies ................................................................................................ .....6
(d) Foreign and domestic investment policies...............................................................................6
(e) Competition  policies........................................................................................................ ..........7
IV. POLICIES AFFECTIN G TRADE IN GOODS .....................................................................7
1. Import Regulation........................................................................................................... ..........7
(a) Registration Requirements for engaging in importing ..........................................................7
(b) Characteristics of  national tariff.......................................................................................... ....8
(d) Other duties and charges, specifying any charges for services rendered...........................10
(e) Quantitative import restrictions, including prohibitions, quotas and licensing
systems........................................................................................................................ ..............13
(f) Import licensing procedures................................................................................................. ..17
(h) Customs valuation........................................................................................................... ........17
(j) Pre-shipment  inspect ion ..................................................................................................... ....18
(k) Application of internal taxes on imports...............................................................................18(m,n,o) Anti-dumping, countervailing duty and safeguard regimes................................................20
2. Export Regulation ........................................................................................................... ........20
(c) Quantitative expo rt restrictions............................................................................................ .20WT/ACC/VNM/16
Page ii
(f) Export financing, subsidy and promotion policies...............................................................20
3. Internal policy affecting foreign trade in goods ...................................................................22
(a) Industrial policy, including subsidy policies .........................................................................22
(b) Technical regulations and standards.....................................................................................25
(c) Sanitary and phytosanitary measures, including measures taken with respect to
imports ........................................................................................................................ .............30
(d) Trade-related inve stment measures.......................................................................................33
(e) State-tradi ng practices..................................................................................................... .......35
(l) Government procurement practices......................................................................................37
V. TRADE-RELATED INTELLECT UAL PROPERTY  REGIME.......................................39
1. General..................................................................................................................... ................39
(a) Intellectual pr operty policy ................................................................................................ ....39
(c) Membership of international intellectual property conventions and of regional or
bilateral ag reements........................................................................................................... .....40
(e) Fees and taxes .............................................................................................................. ............41
2. Substantive standards of protection including, procedures for the acquisition and
maintenance of intellect ual property rights..........................................................................41
(a) Copyright and related rights................................................................................................ ..41
(c) Geographical indications includ ing appellations of origin ..................................................41
(e) Patents ..................................................................................................................... .................43
(f) Plant variety protection .................................................................................................... ......43
(g) Layout designs of in tegrated circuits.....................................................................................44
(h) Requirements on undisclosed information, including trade secrets and test data ............44
4. Enforcement................................................................................................................. ............46
(d) Any special bo rder measures ................................................................................................. 46
VI. TRADE-RELATED SE RVICES RE GIME..........................................................................46
1. General...................................................................................................................... ...............46
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH
THIRD COUNT RIES.............................................................................................................46
1. Bilateral or pluril ateral agreements ......................................................................................46
ANNEX I ........................................................................................................................ .......................47
ANNEX II....................................................................................................................... .......................51
ANNEX III...................................................................................................................... ......................53
ANNEX IV ....................................................................................................................... .....................55WT/ACC/VNM/16
Page 1
II. ECONOMY, ECONOMIC POLICIES AND FOREIGN TRADE
2. Economic Policies
(a) Main directions
Question 1
We would be interested in further clarification of the process of “equitization” of state owned
enterprises. For example, in the answer to Question 22 (page 10) Viet Nam notes that such
enterprises are to be classified into three groups, the first of which “will be maintained to ensure
firmly the vital role in the process of development”. Does this mean that non-state involvement
in the ownership and management of enterprises in this category will not be permitted? Which
enterprises fall into this category?
Answer:
Pursuant to the Prime Minister’s Directive No. 20/1998/CT-TTg dated 21 April 1998 on
promoting the restructuring, rearrangement and reform of the State-owned enterprises and the Decree
No. 44/1998/ND-CP dated 29 June 1998 on transforming  the State-owned enterprises into joint-stock
companies, the State-owned enterprises are divided into 3 groups, among which those classified as
Group I – Existing State-owned enterprises that shall not be equitized yet – include important State-
owned enterprises which need to be maintained to ensu re firmly their vital and core role in the process
of national industrialisation and modernisation as follows:
1. Public-interest State-owned enterprises as specified by Article 1, Decree 56-CP dated
2 October 1996 of the Government, including:
- Enterprises which manufacture and/or repair weapons, ammunitions, equipment
specialized for national defence, security and public-interest enterprises belonging tonational defense sector;
- Enterprises which manufacture other public products, supply other public services
with at least 70 per cent of their revenue arising from the following activities:
- Urban public works and public transportation;
- Management, exploitation, maintenance of infrastructure: national railway,
road, waterway network, airport, air traffic control, maritime safety, ship
navigation in and out of harbours; technical inspection of road and waterway
means of transport; examination, control and distribution of electrical radio
frequency;
- Exploitation and protection of irrigation works;
- Production of original breed of plants and animals;
- Publication and distribution of school books, politics books and newspapers;
Production and distribution of newsreels, documentary films, films for
children; Production and provision of salt, film showing to cater for people
living in high-land, borderland and island areas; Production and supply of
other products and services in accordance with the State’s social policies).
The equitization of these public-interest State-owned enterprises with the State’s capital level
being above VND 10 billion must be approved by the Prime Minister. The equitization of
these public-interest State-owned enterprises with the State’s capital level being under VND
10 billion shall be decided by Minister, Chairman of People’s committee of provinces or
cities directly under the Central management.WT/ACC/VNM/16
Page 2
2. Enterprises which manufacture products or provide services under the State’s
monopoly:
- Explosive materials;
- Toxic chemicals;
- Radioactive materials;
- Printing money and papers of monetary value (valuable notes);
- National and international telecommunications gateways and networks.
Hence, among these two types of Group I State-owned enterprises mentioned above, only
those falling into Type 2 are the State’s monopoly enterprises where the State holds 100 per cent of
their capital. Those falling into Type 1 are public-interest enterprises necessary for national welfare
and people’s livelihood, hence, the State must get involved. The State does not prohibit other
economic sectors from engaging in the ownership and management of enterprises of Type 1.
Question 2
Re Question 21, while foreign organisations and individuals are allowed to buy shares in the
joint-stock companies operating in a number of listed sectors, e.g. textile, food processing,
construction, etc. a further category is includ ed, namely “Export producing enterprises which
operate in the above sectors”. Does this imply that  it is only in export producing firms in the
listed sectors that foreign purchases of shares are permitted?
Answer:
The Regulation on sale of equities to foreign investors issued with Decision
No. 145/1999/QD-TTg dated 28 June 1999 of the Prime Minister specifies that enterprises entitled to
sell their equities to foreign investors are those conducting production and business activities in thefollowing sectors (including State-owned enterpri ses which have been equitized and Joint-stock
companies and enterprises of other types which have obtained the competent authorities’ approval for
issuance of shares for their transf ormation into joint-stock companies):
1. Textiles and garments;
2. Footwear;
3. Leather-processing;
4. Production and processing of agricultural, forestry and marine products;
5. Production of other consumer goods;
6. Production of construction materials;
7. Road transportation, inland waterway transportation and container merchandise
transportation;
8. Production of school stationery and learning instruments;
9. Production of children toys;
10. Trading, hotel and hotel-related services;
11. Mechanical engineering manufacture;
12. Enterprises producing export goods belonging to the above mentioned sectors.
As a result, enterprises which produce goods for domestic consumption and exportation
belonging to the sectors from 1 to 11 as mentioned above are all permitted to sell shares to foreign
investors.WT/ACC/VNM/16
Page 3
Question 3
Re Question 2, please specify the means by which a special shareholding by the State is held in
the second category of Group 2 companies.
Answer:
Pursuant to the Prime Minister’s Directive No. 20/1998/CT-TTg dated 21 April 1998 on
promoting the restructuring, rearrangement and reform of the State-owned enterprises, ministries and
agencies must classify and rearrange the State-owned enterprises on the principle: Group II includes
enterprises of which the ownership structure is requ ired to be transformed, being enterprises where the
State does not need to hold 100 per cent of their capital. It is also required to define clearly in this
Group the enterprises where the State needs to hold the controlling or special shares so that
representatives of the State ownership shall occupy the executive role. The List of the State-owned
enterprises selected for equitization, which is issued as Annex to the Decree No. 44/1998/ND-CP
dated 29 June 1998 on transforming the State-owned en terprises into joint-stock companies, specifies
types of existing State-owned enterprises where the State needs to hold the controlling or special
shares as follows:
- Public-interest State-owned enterprises with capital above VND 10 billion;
- Enterprises engaged in exploitation of precious and rare ores;
- Enterprises engaged in large-scale mineral exploitation;
- Enterprises providing technical services relating to oil and gas exploitation;
- Enterprises engaged in production of fertilizers, insecticides, pharmaceuticals and
pharmacochemicals;
- Enterprises engaged in large-scale production of non-ferrous metals and precious and
rare metals;
- Enterprises engaged in large-scale electricity production, electricity transmission and
distribution;
- Enterprises engaged in aircraft repairing ;
- Enterprises providing post and telecommunications services;
- Enterprises engaged in railway, airway and maritime transportation;
- Enterprises engaged in printing, publishing and large-scale production of alcohol,
beer, and cigarettes;
- Investment banks, banks for the poor;
- Enterprises engaged in trading of gasoline on a large scale.
The Directive No. 20/1998/CT-TTg also provides that the establishment of new joint-stock
companies shall comply with the provisions of the Company Law.
The State’s special shares constitute the State’s shares in a joint-stock company where the
State does not hold controlling shares but has the right to decide certain important issues of the
company as specified in the Company Charter (pursuant to the Circular No. 104/1998/TT-BTC dated
18 July 1998 providing guidance on financial matters when the State-owned enterprises are
transformed into joint-stock companies).
Therefore, the way in which the State holds the special shares in the State-owned enterprises
of Group II is the State’s right to decide certain important issues of the joint-stock company as
specified in the Company Charter.WT/ACC/VNM/16
Page 4
Question 4
The response to Question 4 in WT/ACC/VNM/7 mentions “Viet Nam is taking necessary steps
to improve its statistics collecting system.”  Could Viet Nam provide more specifics on the steps
being taken?
Answer:
Viet Nam has undertaken a number of particular activities to gradually improve the
effectiveness and quality of the national statistics system, including:
- Upgrading the statistical facilities and equipment;
- Coordinating the concerned agencies to get involved in the statistical data providing
system;
- Training staff involved in statistics data collection and analysis;
- Establishing and computerizing the existing statistics database system;
- Studying to apply some international st atistical standards such as SITC, HS.
Question 5
Re Question 5, could Viet Nam specify the type of trade-related privileges that labour intensive
industries are entitled to receive.
Answer:
Pursuant to Article 15, Decree No. 51/1999/ ND-CP of the Government dated 8 July 1999
providing details to implement the amended Law on Domestic Investment Promotion (Law
No. 3/1998/QH 10):
- Investment projects satisfying the following conditions will be eligible for investment
incentives:
Investment projects in manufacturing or trading in sectors that are not prohibited by law,
which annually employ at least an average number of:
a. 100 employees in those cities falling into Category 1 and Category 2:
(City of Category 1 is very large city, an economic, political, cultural-social, science and
technology, tourism-services, transportation, industrial, international interchange centre whichtakes a significant role in boosting the whole nation’s development, with a population of at
least 1 million, having a high merchandise production ratio, non-agricultural labour ratio of at
least 90 per cent of total labour force, a well-integrated technical infrastructure and public
facility network, and an average population density of 15,000 people per km2 or above;
City of Category 2 is large city, an economic, cultural-social, industrial, tourism-services,
transportation, international interchange centre which takes a significant role in boosting a
region’s development, with a population of between 350,000 and under 1 million, growingmerchandise production, non-agricultural labour ratio of at least 90 per cent of total labour
force, a nearly-integrated technical infrastructure and public facility network, and an average
population density of 12,000 people per km2 or above;
Cities of Category 1 and Category 2 are mainly under the Central management)WT/ACC/VNM/16
Page 5
b. 20 employees in socially and economically difficult areas or areas under socially and
economically harsh conditions;
c. 50 employees in areas other than above cities and areas:
- Investment incentives may include:
- Exemption, reduction of land rental;
- Exemption, reduction of land use tax;
- Longer periods of corporate income tax exemption and reduction.
Details of types of investment incentives and preferential treatment applicable to specific
projects are stipulated in relevant articles and provisions of the above-mentioned Decree
No. 51/1999/ND-CP.
Question 6
Re Question  9 and document WT/ACC/VNM/10, could Viet Nam provide more details on the
introduction of a single price tariff (i.e. timetable and products affected).  Has the Ordinance on
price control policy been issued? What is its content?
Answer:
Up to the end of 2000, Viet Nam’s dual pricing mechanism  is only  applied to  electricity
price and domestic-route airfare.
Over recent years, Viet Nam has made positive moves towards gradually narrowing the
pricing gap between Vietnamese residents and fore igners. For instance, Viet Nam issued the Inter-
Ministerial Circular No. 10/2000/TTLT-BKH-BTP- BNG-BCA dated 15 August 2000 by the Ministry
of Planning and Investment, Ministry of Justice, Ministry of Foreign Affairs and Ministry of Public
Security guiding the investment made by the overseas Vietnamese, foreign residents in Viet Nam inaccordance with the Decree No. 51/1999/ND-CP dated 8 July 1999 of the Government providing
details to implement the amended Law on Domestic  Investment Promotion (Law No. 3/1998/QH 10).
This Inter-Circular has provisions that enterprises di rectly invested in Viet Nam by expatriates in Viet
Nam (who have been issued a Card of Permanent Residence in Viet Nam by the Vietnamese
competent authority) which has investment projects in accordance with the Law on DomesticInvestment Promotion shall be entitled to the same input price regarding land, merchandise, materials,
fuels, and other services priced by the Government and the same tax rate as those applicable to
domestic investment projects of the same category. In addition, the above expatriate investors shall be
entitled to the same service price regarding housing, hotel, electricity, water, medical care services,
domestic transportation fare by waterway, by road, by air, postal and telecommunications charges and
educational and training  fees as those applicable to Vietnamese citizens in Viet Nam.
Decision No. 809/2000/QD-TCBD dated 15 September 2000 of General Department of Post
and Telecommunications, which took effect as from 1 October 2000, has provided for the imposition
of unified telecommunications charges regardless of services users.
According to the submitted Action Plan for the implementation of pricing policy, Viet Nam
shall apply single price tariff after 2005.
As scheduled in the Legislation Programme of the Vietnamese National Assembly, the
Ordinance on Price shall be approved in 2002. It is confirmed in the draft Ordinance on Price that the
State respects  the autonomy of enterprises  in pricing, facilitates and encourages enterprises toWT/ACC/VNM/16
Page 6
lawfully compete on prices and the State only intervenes in market prices under necessary
circumstances (for example,  to control monopol y price, monopoly alliance, to prevent domestic
dumping. etc.) to protect the legitimate interests of producers, consumers and the State.
(b) Monetary and fiscal policies
Question 7Re Question 24, how the Production Protection Fund can be considered consistent with WTO
rules? Please specify the type and value of f ees and charges imposed on exports and imports to
finance the Fund.
Answer:
Please refer to the answer to Question 24 of the document WT/ACC/VNM/9: Viet Nam does
not have the Production Protection Fund.
(d) Foreign and domestic investment policies
Question 8
In response to Question 40 (page 18), Viet Nam acknowledges that “gradual elimination of the
discriminatory conditions between domestic and foreign investors is one of the most important
issues to be addressed”. Can the Vietnamese authorities indicate how and within what
timeframe they intend to address this issue?
Answer:
At present, most of the regulations discriminating between domestic and foreign investors
have been abolished by the Government. Basically, there are no longer substantial differences
between these two categories of investors, even concerning enterprises’ establishment, maintaining,
management and control.
Question 9
We would be interested in more information on  the Vietnamese Government’s consideration of
allowing “joint ventures investing in certain sectors, where Vietnamese party is no longer able
to joint business, to be shifted to wholly fo reign-owned enterprises” (answer to Question 165,
page 64). What stage has this consideration reach ed? Does it apply only to already established
joint ventures, or will new, wholly foreign-owned enterprises be permitted?
Answer:
Pursuant to the Law on amendments and supplements to some Articles of the Law on Foreign
Investment dated 9 June 2000, foreign-invested enterprises are permitted to change their forms of
investment, divide, separate, consolidate and merge with other enterprises during the course of their
operations. Pursuant to the Decree No. 24/2000/ND-CP dated 31 July 2000 of the Government
stipulating in details the implementation of the Law on Foreign Investment in Viet Nam, existingjoint-ventures can be permitted to change into 100 per cent foreign capital enterprises.WT/ACC/VNM/16
Page 7
Also pursuant to the Law on Foreign Investment, foreign investors are entitled to make their
own decisions concerning the enterprise form of investment, including 100 per cent foreign capital
enterprises (except for investments falling into the List of sectors where investments are subject to
certain conditions as specified in the Decree No. 24/2000/ND-CP).
(e) Competition policies
Question 10
Re Question 43, please update the Working Party on the status of the Competition Law.
Answer:
The 4th session of the 10th legislature of the National Assembly has issued the Resolution
No. 19/1998/QH10 dated 20 December 1998 on Legisl ation Program of the year 1999, in which
Ministry of Trade is assigned to keep the chief role in drafting the Competition and Anti-trust Law.
Viet Nam has so far undertaken the following works:
- Establishing the Board for drafting the Competition and Anti-Trust Law and the
Editing Unit;
- Studying international experiences of competition legislation;
- Studying legislative framework in such international organizations as UNCTAD,
OECD;
- Discussing fundamental issues which need to be dealt with in the Competition and
Anti-trust Law;
- Reviewing the legislative system of Viet Nam;
- Making the initial drafts of chapters, articles of the Competition and Anti-trust Law
(scheduled to be submitted to the National Assembly for approval in 2002).
IV. POLICIES AFFECTING TRADE IN GOODS
1. Import Regulation
(a) Registration Requirements for engaging in importing
Question 11
Trading rights: The current system grant a pref erence to national companies over foreign ones.
During the Working Party Viet Nam affirmed that  it intends to eliminate the discrimination.
We are pleased by such an engagement by Viet Nam and we seek clarification on the way
Viet Nam intends to follow to fulfil this commitment.
Answer:
Please refer to the answer to Question 12.
Question 12
The replies to Questions 61-65 in WT/ACC/VNM/9 confirm that foreign-invested firms do not
have the same rights to import, import for resale, or export as Vietnamese firms. As we have
noted previously, this system denies imported goods national treatment, as required by GATT
Article III, and could be seen as a non-tariff barrier to importation, which is prohibited by
GATT Article XI.WT/ACC/VNM/16
Page 8
Viet Nam should begin now to eliminate this discriminatory system, and complete the process
prior to accession. Both domestic and foreign individuals and firms should be able to import
inputs and finished goods for resale, and to export without any restriction other than
restrictions consistent with GATT Article XX and XXI.
We look forward to receiving Viet Nam’s specific proposals on how this should be
accomplished.
Answer:
Viet Nam shall take the comments made by the Working Party members into due
consideration and shall adequately deal with this issue when tabling the elimination schedule of
existing non-tariff barriers in WTO accession negotiations.
Question 13
The reply to Question 63 in WT/ACC/VNM/9 describes how imports are restricted to items
specified in the investment licence or the Busine ss Registration Certificates of importers. This
serves as a cumbersome barrier to trade and violates the requirement in GATT Article XI that
state “No prohibitions restrictions other than duti es, taxes or other charges... shall be instituted
or maintained by any contracting party on the importation of any product of the territory of
any other contracting party...”
Prior to accession, Viet Nam should revise this syst em so that trade will not be limited to items
specific in investment licenses or Business Registration Certificates. The only restrictions on
trade should be measures consistent with GA TT Articles XX and XXI and other such provisions
of the WTO.
Answer:
Regarding the importation of foreign-invested  firms, please refer to the answer to
Question 12.
Regarding the importation of Vietnamese firms, Vietnamese traders are permitted to import
products as registered in Certificate of Business Registration except those falling into the list of
prohibited imports and exports. This provision does not amount to an import restriction as Vietnamesetraders are free to define their scope of business (trading lines); hence they are free to determine the
list of imports indicated in their Certificate of Business Registration.
(b) Characteristics of national tariff
Question 14
Viet Nam stated (Question 74 of WT/ACC/VNM/9) that "detailed data on each imported
commodity by 6 digit HS code in electronic format will be provided upon specific request." It
might be useful to provide the Working Party with a full set of such import data. Proceedingthis way might be less time-consuming and more transparent than an swering each specific
request of the Working Party members.WT/ACC/VNM/16
Page 9
Answer:
Detailed data on Viet Nam’s import-export statistics for the year 1997 by 6-digit HS code in
electronic version is provided in documen t WT/ACC/VNM/16/Add.1. (H owever, the commodity
description is only available in Vietnamese.)
Question 15
In response to Question 75 of WT/ACC/VNM/9 Viet Nam stated that it may impose additional
import duty for goods originating from the coun tries which discriminate goods originating from
Viet Nam on the basis of tariff or other meas ures. Please indicate the criteria you use to
determine that the treatment by other countries of goods originating from Viet Nam is
discriminatory.
Answer:
As referred in the answer to Question 75 of the document WT/ACC/VNM/9, Viet Nam
presently does not have any specific provisions regulating this case. Consequently, it is not possible to
indicate detailed criteria. Please refer to the answer to Question 17.
Question 16
In WT/ACC/VNM/9 responses 70 and 71, Viet Nam states that although it joined the HS
convention effective 1 January 2000, it will no t fully implement it as the national tariff
nomenclature for three to five years.
How does Viet Nam expect to negotiate its WTO tariff schedule unless it can express its applied
tariff rates in the same HS system as it will implement them?
For the purposes of goods market access negotiations in the context of WTO accession,
Viet Nam must convert to the Harmonized Tariff System, so it should do so as quickly aspossible.
Answer:
Tariff negotiations between Viet Nam and WTO Members shall be conducted in the manner
commonly used in tariff negotiations among count ries. The implementation shall comply with its
tariff concession or tariff binding commitments in accordance with Article II (1b) of GATT 1994 andother relevant provisions of the WTO as well as Viet Nam’s particular situation.
Viet Nam’s import-export tariff nomenclature, in fact, has basically been in accordance with
the WCO’s HS system. In particular:
- Viet Nam’s tariff nomenclature has fully complied with the HS nomenclature at 6-
digit level. Some subheadings, however, have not yet been consistent with  the 8-digit
HS and therefore, are being adjusted step by step;
- At the same time, Viet Nam is now joining with other ASEAN members to establish
the 8-digit ASEAN Harmonised Tariff Nomenclature (AHTN), which is foreseen to
be effective in one or two years. This AHTN is also in full compliance with the 6-
digit HS.
Please refer to the answer to Question 36.WT/ACC/VNM/16
Page 10
Question 17
The response to Question 75 in WT/ACC/VNM/9 states “According to current law on import
and export tariff, Viet Nam may impose additional import duty for goods originating from
countries which discriminate against goods originat ing from Viet Nam on the basis of tariff or
other tariff measures”. The response to the Question 21 states that “other discriminatory
treatment measures may be any measure which another country applied for discriminatory
purpose in order to cause barrier to Vietnamese  originated food to that country’s market”.
Can Viet Nam confirm that, after WTO accession, any tariff or non-tariff measures taken in
response to discriminatory treatment, will be considered with all relevant WTO rules?
Answer:
Viet Nam ensures that after its WTO accession, any measure taken by it in response to
discriminatory treatment shall be consistent w ith regulations then applied by the WTO members.
(d) Other duties and charges, specifying any charges for services rendered
Question 18
In response to Question 82 of WT/ACC/VNM/9 Viet Nam states that the Government has just
issued Decree No. 04/1999/ND-CP dated 30 January 1999 on fees/charges under state budget,
and that it can provide required information only after issuance of legal documents stipulatingcustoms charges in details. Have the legal docu ments stipulating customs charges in detail been
issued in the meantime? Could Viet Nam provide the Working Party members with a
description of the accompanying services rendered for each of the fees listed in Annex 1 and 2 of
document WT/ACC/VNM/6/Add.1?
Answer:
General Department of Customs collects customs fees pursuant to:
- Decree No. 04/1999/ND-CP dated 30 January 1999 of the Government on
fees/charges under the State budget; and
- Chapter IV of Decree No. 16/1999/ND-CP dated 27 March 1999 of the Government
on customs procedures, customs supervision and customs fees.
Ministry of Finance and General Department of Customs issued Inter-Ministerial Circular
No. 71/2000/TTLT/BTC-TCHQ dated 19 July 2000 providing for guidelines on customs fees
collection and usage management.
According to this Inter-ministerial Circular, customs fees consist of the following fees:
- Customs clearance fees: provides for fees rates applicable to different kinds of
imported/exported goods calculated  on the basis of quantity of goods;
- Fees for customs warehousing cargo and luggage (customs warehouse fees): provides
for fees rates applicable to different kinds of imported/exported goods and
warehousing time;
- Cargo escorting customs fees: provides for fees rates applicable to different kinds of
transport means on the basis of escorting distance (kilometres);
- Customs sealing fees: paper seal fees, lead seal fees, and seal ring fees;WT/ACC/VNM/16
Page 11
- Fees for cargo and luggage transiting through Viet Nam (transit fees): provides for
fees rates applicable to different kinds of transport means and transiting distance
(kilometres);
- Administrative fees: for re-certification of customs documents.
Question 19
In Question 85 Members requested that the fees  for fundamental infrastructure, e.g. fees for
Saigon Port, be drastically reduced in order to increase foreign investment in Viet Nam. What
will be your policy as regards this request?
Answer:
Fees for fundamental infrastructure in Viet Nam are based on commercial considerations.
However, certain fees might be higher than the common level in cases where those new infrastructure
projects have just started their operation and are in the stage of redeeming their initial capital. Thegeneral policy of Viet Nam’s government is to try to reduce such fees with a view to facilitating trade
and investment activities in Viet Nam.
Question 20
We are concerned that some of the extensive li st of charges and fees listed in WT/ACC/VNM/13
may be applied to importers or to imported goods in a manner that provides less favourabletreatment for imports compared with similar domestic goods.
Could Viet Nam identify those that are applied in a discriminatory manner to importers or
foreigners?
Could Viet Nam identify those that are applied to  imports or to importers, whether or not they
discriminate, and indicate the nature and level of the charge or fee.
We seek a Working Party review of these fees a nd charges with a view to determining those that
negatively impact trade and may violate Article III or Article VIII of the GATT.
Answer:
The mentioned list of charges and fees is not found in the document WT/ACC/VNM/13 as
referred. Please clarify the question.
In case the question refers to the List of char ges and fees issued together with the Decree
No. 04/1999/ND-CP dated 30 January 1999 of the Gove rnment on fees and charges under the State
Budget, it should be noticed that there is no discriminatory provisions relating to rates of fees and
charges between the Vietnamese and foreigners as well as between domestic and imported goods.
Question 21
The response to Question 80 in WT/ACC/VNM/9 states that “Customs fees are stipulated in
Circular No. 31/TTLB/BTC-TCHQ dated April 1993. According to this circular, when the
market price fluctuates over 20 percent (price index is equal to inflation rate), the Ministry of
Finance in collaboration with the General Department of Customs of Viet Nam will adjust the
custom fee in compliance wi th the situation accordingly.”WT/ACC/VNM/16
Page 12
We do not believe that this practice adequately addresses the requirement in GATT Article VIII
to maintain customs fees at a level that approx imates the cost of the custom services rendered,
i.e., since the cost of the service being rendered should not necessarily change due to the price
fluctuation.
Viet Nam should undertake to revise its fee system to make it consistent with GATT Article
VIII.
Answer:
The inter-ministerial Circular No. 71/2000/TTLT/BTC-TCHQ dated 19 July 2000 of Ministry
of Finance and General Department of Customs providing for guidelines on customs fees collection
and usage management has superseded the inter-ministerial Circular No. 31/TTLB/TC-TCHQ dated
7 April 1993, and has, as a result, annulled the above mentioned provision.
Customs fees rates as specified in the attached annexes to the inter-ministerial Circular
No. 71/2000/TTLT/BTC-TCHQ have been adjusted not on ly in accordance with inflation rate but also
to maintain customs fees at a level that approximates the cost of the customs services rendered
Question 22
Could Viet Nam provide a single document listing all the fees applied to import and export of
goods and their current rate.
Answer:
Regarding customs fee rates, please refer to Annex I of this document.
Regarding rates of import-export goods price differentials surcharge, please refer to Annex II
of this document.
(Article 3 of the Prime Minister Decision No. 195/1999/QD-TTg dated 27 September 1999 on
the setting up, use and management of Export Promotion Fund specifies that:
The source of revenue from import-export goods price differentials shall be determines as
follows:
- For import goods, it shall be the differ ence between the domestic selling price
accepted by the market and the cost prices of the import goods, including the actualimport prices with freight, the insurance fee to the port of import, import tax as
prescribed by law and circulation expenses;
- For export goods, it shall be the difference between the actual export prices, not
including the freight, the insurance fee and the cost prices of the export goods,
including the actual buying prices, the export tax as prescribed by law and the
domestic circulation fee;
- The price differentials shall be determined in percentage (%) for each goods category.
For import goods, it shall be the percen tage (%) of between the arising price
difference and the actual import prices, including the overseas freight and the
insurance fee to the port of import. For export goods, it shall be the percentage (%)
between the arising price difference and the actual export prices at the port of export,
not including the costs arising outside the country).WT/ACC/VNM/16
Page 13
(e) Quantitative import restrictions, including prohibitions, quotas and licensing systems
Question 23
List of imported items subject to NTB (Annex 1, WT/ACC/VNM/9): What is the reason for
import prohibition of certain products such as "second hand spare parts of various kinds of
automobile" or "below 30CV second hand internal combustion engine"? As regards theprohibition of "children toys having adversely effect in moral education and social security" -
which products would, for instance, be subject to such provision?
Answer:
The rationale for import prohibition of second hand spare parts of various kinds of automobile
is traffic safety, and for import prohibition of second hand internal combustion engine below 30CV is
environmental protection.
Pursuant to the Decision No. 0088/2000/QD-BTM dated 18 January 2000 of the Minister of
Trade to issue the Detailed List of goods subject to prohibition on trading, commercial services
subject to prohibition on providing;  goods, services subject to trading restrictions, conditionally
traded goods, services, the following items are perceived as “children toys having adversely effect in
moral education, children’s health and social security”:
1. Gun-shaped toys:- Airguns (guns which are fired by means of air pressure) or guns using compressed
spring as propelling force, from which plastic bullets or other kinds of bullets are
fired;
- Guns which fire water or water vapour; guns which flare or make noises when
shooting.
2. Weapon-shaped toys other than gun-shaped toys:
- Like or in the shape of grenades, bombs, mines, explosives;
- Like or in the shape of swords, spears, bayonets, daggers, bows and crossbows (made
of all materials including wood, bamboo, ...)
3. Firecrackers of all kinds: firecrackers which make loud bangs when they are set off,
fireworks, firecrackers and bullets made of  explosive powder or other substances that
can cause fire, burning.
4. Some kinds of virtual toys.
5. Boys in the form of cultural products (publications, cassettes, discs), electronic games
which contain images, sound, actions describi ng brutal combats, fights, murderous
attacks or other actions degrading or offending the human dignity, destroying the
environment, or detrimental to children’s aesthetic sense or adversely affecting tochildren education.
6. Computer software, electronic games of which the content incites the users to
violence, prostitution.
7. Remote-controlled electrical toys that can cause interference to the operation of other
equipment, devices or be unsafe for children.WT/ACC/VNM/16
Page 14
8. Toys using the national flag, Viet Nam’s map, leaders’ pictures and photographs
inconsistent with regulations, or for bad intentions.
Question 24
Could you please provide examples of concrete measures and action which are being considered
with the aim of eliminating NTBs in specific areas.
Answer:
Viet Nam has unilaterally removed many quantitative restrictions over the last few years. Please refer
to the answers to Question 30 and 42. For example, Viet Nam has eliminated fertilizer import quota
and rice export quota.
Viet Nam will provide the elimination schedule of the existing non-tariff barriers in WTO accession
negotiations.
Question 25
In WT/ACC/VNM/9 answer to Question 98, it is stated that access to the Prime Minister's
Approval Process regarding the trade of proh ibited imported goods is not granted for
importers. Do you foresee a change in this proced ure? If not, could you kindly elaborate on how
the consultation process resulting in the Prime Mi nister's decision is prescribed and regulated?
Which administrative regulations are the legal basis for this procedure?
Answer:
Viet Nam does not foresee any change in this procedure.
The approval of the Prime Minister regarding the importation of goods subject to the import
prohibition is based on the consultation with relevant ministries and agencies. However, businesses
can, in fact, indirectly have access to the Prime Minister’s approval decision regarding theirapplication for importing or exporting goods subject to the import/export prohibition via proposals
made by their respective line management ministry/agency.
Question 26
We are encouraged by the first part of the response in WT/ACC/VNM/9, reply 86, which states
that “Over the last few years, Viet Nam has sign ificantly eliminated almost all items subject to
import and export quotas. Please refer to Annex 1 on Non-tariff barriers attached herewith”
and “As from 2000, Viet Nam begin remove or loosen certain existing quantitative restrictions.”
However, according to Annex I of VNM/9, Viet Nam still imposes quantitative import
restrictions on products in four product groups.
Such quantitative restrictions are a violation of GATT Article XI, and Viet Nam should develop
a plan to eliminate this practice prior to WTO accession.
We repeat our request, contained but unanswered in WT/ACC/VNM/9 “Viet Nam should also
provide a timetable for each measure currently in place to eliminate it or to revise or replace it
with a specific WTO consistent alternative, or  present an appropriate WTO justification for
retention of the measure.”WT/ACC/VNM/16
Page 15
Answer:
The elimination schedule of import/export quantitative restrictions will be provided in WTO
accession negotiations. Please refer to the answer to Question 24.
Question 27
Viet Nam should also provide transparency fo r the import restrictions it has in place. In
WT/ACC/VNN/9, reply 95, in response to a question on the details of what constitutes
“depraved and reactionary cultural products, mo rally pernicious toys” Viet Nam states that
“Technically, it is impossible to describe sh apes, circumstances of injury causing, violence
excitement or other bad consequences of a particular product.”
What is the specific legislative basis for this restriction?
What are the criteria used by custom agents to  determine whether a product is covered by this
restriction?
Where can traders go to get specific information on  products that fall within this restriction?
Answer:
At present, there is no specific legal document stipulating the criteria for determining whether
a product is covered by import prohibition for constituting “depraved and reactionary cultural
products, morally pernicious toys”.
However, a general description of those products perceived as “depraved and reactionary
cultural products, morally pernicious toys” which are subject to import prohibition can be found in the
Government’s Decree No. 11/1999/ND-CP dated 3 March 1999 on goods subject to prohibition on
trading, commercial services subject to prohibition on providing;  goods, services subject to trading
restrictions, conditionally traded goods, services and the Decision No. 0088/2000/QD-BTM dated18 January 2000 of the Minister of Trade to issue the Detailed List of goods subject to prohibition on
trading, commercial services subject to prohibition on providing;  goods and services subject to
trading restrictions, conditionally traded goods and services.
Depraved, reactionary, superstitious or morally pernicious cultural products include: books,
newspapers, magazines, pictures, paintings, calendars, posters, catalogues, leaflets, circulars,handbills, pamphlets, tracts/propaganda leaflets, slogans, couplets, scrolls, sound or pictures recording
tapes and discs of various kinds, films (inclusive of both cinematographic films and video films),
photos, practical arts, and other cultural documents and products containing depraved, reactionary,
superstitious or morally pernicious content.
Regarding morally pernicious toys, please refer to the answer to Question 23.
The main agencies responsible for issuing detailed regulations and guidance of those products
subject to import prohibition include Ministry of Public Security, Ministry of Culture andInformation, Ministry of Education and Training.
Question 28
In WT/ACC/VNM/9 reply 99, regarding restrictions on toxic chemicals, Viet Nam did not
answer the following parts of the question: “Are such restrictions, in fact, only applied toWT/ACC/VNM/16
Page 16
import, or do they apply to the same goods dome stically produced? If not, such restrictions need
to be uniform in application. Does Viet Nam have any domestic producers of these products?”
In addition to answering these questions, for purposes of transparency could Viet Nam please
provide a list of all chemicals it considers toxic.
Answer:
Pursuant to the Government’s Decree N o. 11/1999/ND-CP dated 3 March 1999 on goods
subject to prohibition on trading, commercial services subject to prohibition on providing;  goods,
services subject to trading restrictions, conditionally traded goods, services, certain highly toxic
chemicals as indicated by Ministry of Science, Technology and Environment and Ministry of Industry
are subject to prohibition on domestic trading. So me other toxic chemicals and products containing
toxic chemicals as indicated by these two ministries are conditionally traded goods.
These restrictions are equally applied to Vietnamese and foreign traders. Vietnamese traders
and foreign traders operating in Viet Nam are not allowed to trade in highly toxic chemicals subject to
prohibition on trading. Regarding certain toxic chemi cals and products containing toxic chemicals that
are conditionally traded, traders can only conduct their business activities after having registered and
obtained the Certificate of satisfying required trading conditions from the competent authority.
Certain highly toxic chemicals subject to prohibition on trading as indicated in the Decision
No. 0088/2000/QD-BTM dated 18 January 2000 of the Minister of Trade to issue the Detailed List of
goods subject to prohibition on trading, commercial services subject to prohibition on providing;
goods, services subject to trading restrictions, conditionally traded goods, services are listed in Annex
III of this document.
The toxic chemicals and products containing toxic chemicals that are conditionally traded as
indicated in the Decision No. 0088/2000/QD-BTM are listed in Annex IV of this document.
Question 29
In WT/ACC/VNM/9 reply 100, Viet Nam states th at importers of cons umer items are “required
to self balance their demand for foreign currency and [they are] not allowed to use deferred
payment.”
Such restrictions are violations of GATT Article XI and we seek their elimination prior to WTO
accession.
Answer:
This restriction has been abolished.
Question 30
In reply to Question 86, Viet Nam informed the Working Party that starting from the year 2000
it began removing quotas. Could Viet Nam specify  the restriction that have been eliminated so
far.
Answer:
Viet Nam has abolished all export quotas, except export quotas on textiles and garments
which have been agreed between Viet Nam and some other countries.WT/ACC/VNM/16
Page 17
(f) Import licensing procedures
Question 31
Licensing procedures: We seek the submission by Viet Nam of a detail action plan for the
introduction of licensing procedures that conform to the WTO rules.
Answer:
The Action Plan on the implementation of the WT O Agreement on Import Licensing Procedures will
be submitted to the Working Party.
(h) Customs valuation
Question 32
Please specify a clear timetable for the elimination of minimum prices for the goods mentioned
in answer to Question 119 of WT/ACC/VNM/9.
Answer:
In 2000, the List of commodity groups subject to State management for minimum customs
value which previously included 15 groups has been cut down to 7. The current List will continue to
be shortened towards the complete elimination as soon as Viet Nam fully implements the WTO
Customs Valuation Agreement.
Question 33
In its answer to Question 76 (page 32), Viet Nam noted that “With respect to customs valuation,
the current valuation system of Viet Nam will be ch anged gradually to be in conformity with the
GATT Valuation Agreement in the coming years”. Can the Vietnamese authorities provide a
more specific timetable for this process and a target date for full implementation to be
achieved?
Answer:
Tentative timetable for the implementation of the WTO Customs Valuation Agreement is as
follows:
- In 2001: Viet Nam will implement the Agreement on a pilot basis for goods imported
from ASEAN countries under the ASEAN Common Effective Preferential Tariff(CEPT) Program;
- If the pilot implementation is found successful, in 2003 Viet Nam will make every
endeavour to implement fully the Agreement for all imported goods.
Measures to implement the Agreement include:
- To formulate necessary legislation on the basis of the Agreement’s principles;
- To put into practice measures against commercial frauds, and transfer pricing;
- To train customs officers and business community;
- To establish the Working Group on Implementation of GATT/WTO Valuation
Agreement pursuant to the Government’s decision in order to promote relevant
activities (done already);WT/ACC/VNM/16
Page 18
- To shorten gradually the list of imported items subject to minimum values for
customs valuation purpose.
Question 34
In reply to Question 118 Viet Nam sketches th e measures it will adopt and the timetable for
their adoption in order to comply with the CVA. Could Viet Nam provide a more detailedaction plan specifying each measure necessary for the implementation of the Agreement and the
deadline for its implementation. In this action plan, we seek an early elimination of minimum
customs values.
Answer:
Please refer to the answer to Question 33.
(j) Pre-shipment inspection
Question 35By what date does Viet Nam foresee to have a legislation on preshipment inspection that will be
consistent with the WTO Preshipment Agreement? Which steps have been taken so far?
Answer:
At the moment, Viet Nam does not  use preshipment inspection measure. Therefore, Viet Nam
does not foresee any legislation for the time being.
(k) Application of internal taxes on imports
Question 36
Concerning the application of internal taxes on  imports (VAT and excise taxes), like other
Members (see Questions 121, 124 and 129 of WT/ACC/VNM/9) we request that Viet Nam
provide a comprehensive list that clearly shows ea ch item taxed by the VAT on HS basis and the
corresponding tax rate. We have the same request as regards the new Law on Excise Tax.
Answer:
As mentioned in the answer to Question 70 and 71 of the document WT/ACC/VNM/9, Viet
Nam’s HS system is now in progress to be in accordance with the nation’s trade practices and
international custom. Viet Nam has so far fundame ntally implemented the HS Convention regarding
the 6-digit commodity classification and is working towards the completion of HS 96 nomenclature-
based commodity classification. In addition, Viet Nam is, together with other ASEAN countries,
establishing the AHTN (ASEAN Harmonised Tariff Nomenclature) List. Therefore, the HS-based
List of goods subject to Value-added Tax and Excise Tax will be provided after the completion of this
process.
Question 37
In response to Question 125 of WT/ACC/VNM/9 Viet Nam stated that Value Added Tax (VAT)
specifies goods categories subject to Excise tax which are not targeted by VAT at direct import
and export stages. Is this provision equally applicable to domestically produced and to imported
goods?WT/ACC/VNM/16
Page 19
Answer:
Article 4 of Value Added Tax Law (Law No. 02/ 1997/QH9) states: “Goods, services that are
subject to excise tax are not targeted by VAT at those stages which have been subject to excise tax”.
This provision applies equally to imported and domestically produced goods.
Question 38
Viet Nam states in Question 122 of WT/ACC/VNM/9 that automobile manufacturers could
receive a 95 per cent excise tax deduction during a transitional stage of up to 10 years from
1 January 1999, if so determined by the Government.
This preferential treatment for domestic producers is inconsistent with GATT Article III on
national treatment and should be abolished prior to accession.
Answer:
Please refer to the answer to Question 122 of the document WT/ACC/VNM/9 again. The 95 per cent
excise tax deduction applicable to domestic automobile assembling enterprises validates only until
31 December 2003. Within the 5 years afterwards, only in case that the enterprise suffers from loss, a
deduction might be considered to be applied and specific rate of deduction is subject to the
Government’s regulation.
Question 39
In Question 123 of WT/ACC/VNM/9 Viet Nam implies that excise tax rates between foreign and
domestic sourcing for cigarettes, beer, and liquors are not harmonized despite the decreases in
the rates on those products.
Viet Nam must ensure that the excise tax rate s for both foreign and domestic produced goods
are equal.
Answer:
Please refer to the answer to Question 39 of the document WT/ACC/VNM/6. Only cigarettes
made from domestically produced materials and those made from imported materials are subject to
different excise tax rates as specified in Viet Nam’s current Excise Tax Law. The Excise Tax Law
does not provide for any tax rate discrimination between domestically produced and imported alcoholdrinks and beer.
Question 40
The response to Question 124 of WT/ACC/VNM/9 states that Viet Nam is unable to provide HS
1996 codes for products under new Law on Excise Tax. The responses to Questions 121 and 129
indicate the same thing for VAT products and their tax rates, as Viet Nam is still implementing
the HS Convention. A list of products subject to the VAT and Excise Tax and the rates applied
using Viet Nam’s current coding system would still be helpful to us, and we believe it could behelpful to Viet Nam as well, as it prepares its conversion.
We request that Viet Nam provide such a list using current product codes.WT/ACC/VNM/16
Page 20
Answer:
Please refer to the answer to Question 36.
(m,n,o) Anti-dumping, countervailing duty and safeguard regimes
Question 41
Viet Nam does not currently have a regulation covering these subjects and their elaboration,
according to reply to Question 134, may be comp leted after accession. Is Viet Nam ready to
undertake that in the absence of WTO compatib le rules on antidumping and countervailing
regimes, it will not impose similar remedies to foreign goods?
Answer:
Viet Nam reserves the right to apply WTO-consistent anti-trade distortion measures and trade
remedies to dumped or subsidized imports causing or threatening to cause injury to its domestic
production of the like products in order to protect the legitimate interests of the Vietnameseproducers. In the absence of anti-dumping and countervailing regulations, Viet Nam will endeavour to
apply the WTO relevant provisions when using these trade remedies and measures.
2. Export Regulation
(c) Quantitative export restrictions
Question 42In reply to Questions 138 and 139 of WT/ACC/VNM/9, Viet Nam states that it has no intention
of giving its export quota system on rice. This system is GATT Article XI inconsistent, and we
urge Viet Nam to eliminate it prior to accession.
Answer:
Viet Nam’s export quota on rice has been abolished.
(f) Export financing, subsidy and promotion policies
Question 43
Concerning the Export Reward Program (set up under Decision No. 764/QD-TTg dated
24 August 1998) described in WT/ACC/VNM/13, 27 June 2000.
How many firms are currently participating in the program and receiving support the Fund?
What has been the level of support conferred on firms to date?
This program would appear to be a prohibited subsidy within the meaning of Article 3 of the
WTO Agreement on Subsidies and Countervailing Measures. We would appreciate information
from Viet Nam on its intention to end the program in the context of its accession to the WTO
Answer:
The Export Reward Fund set up under the Decision No. 764/1998/QD-TTg dated
24 August 1998 has now been superseded by the Export Promotion Fund which is established underthe Decision No. 195/1999/QD-TTg of the Prime Minister of 27 September 1999. Details of theWT/ACC/VNM/16
Page 21
Export Promotion Fund will be provided in full Notification pursuant to Article XVI:1 of the GATT
1994 and Article 25 of the Agreement on Subsidies and Countervailing measures that covers the
period of 1999-2000.
In 1998, 85 enterprises were rewarded with total 4,685 million VND (approximately
US$323,103).
In 1999, 148 enterprises were rewarded with total of more than 6.2 billion VND
(approximately US$427,586).
Candidates for export rewards include both Vietnamese and foreign-invested enterprises.
The above-mentioned export rewards were in fact only of spiritual value to encourage
enterprises to fulfil their export activities well. At  the currently prevailing exchange rate, the sum that
each eligible enterprise received on average was only around US$3,800 and US$2,900 in 1998 and
1999 respectively.
Question 44
Support for enterprises with foreign owned capital which produce goods for export:  We note
that these would be considered export subsidies, which are prohibited for developed countries
but allowable for developing countries. Could Viet Nam indicate how and when these subsidies
would be phased out.
Answer:
Support for enterprises with foreign owned capital which produce goods for export is an
investment incentive under the Law on Foreign Investment in Viet Nam.
The above mentioned measures is probably not inconsistent with the Agreement on Subsidies and
Countervailing measures. Otherwise, Viet Nam shall consider to adjust these measures in accordancewith  the transitional period provisions granted to developing countries with per GNP capita of less
than US$1,000.
Question 45
Support for domestic enterprises which produce goods for export:  We note these are export
subsidies and are contingent on domestic over im ported goods both of which are prohibited for
developed countries and which must be phased out by developing countries by 2003 and 2000
respectively. Could Viet Nam indicate how and when these export subsidies will be phased out?
Could she also provide details of the value of the subsidies or data on their possible trade
effects?
Answer:
Support for domestic enterprises which produce goods for export is an investment incentive
under the Law on Promotion of Domestic Investment  with the view to attracting and promoting
investment in exports-producing sectors. The consistency of these investment incentives with the
WTO Agreement on Subsidies and Countervailing measures and Agreement on Trade-related
investment measures is being studied and the re sponse will be provided as soon as possible.WT/ACC/VNM/16
Page 22
3. Internal policy affecting foreign trade in goods
(a) Industrial policy, including subsidy policies
Question 46
In your answer to Question 144 (WT/ACC/VNM/9, page 57) concerning different industrial
subsidies, the Export Promotion Fund under the Prime Minister's issued Decision 195/1999 ismentioned. Is this program listed in the notification on industrial subsidies
(WT/ACC/VNM/13)? Could you please provide more information on this scheme, such as policy
objective of this program, authority of the su bsidy, form of the subsidy, beneficiaries, total
amount budgeted, duration and trade effects.
Answer:
The Notification of Industrial Subsidies of Viet Nam (document WT/ACC/VNM/13) only includes
subsidy programs during the period of 1996-1998. Therefore, the Export Promotion Fund issued
pursuant to the Prime Minister’s Decision No. 195/1999/QD-Ttg dated 27 September 1999 has not
been referred to in this document. Detailed information of the Export Promotion Fund will be
provided in full Notification pursuant to Article XVI:1 of the GATT 1994 and Article 25 of the
Agreement on Subsidies and Countervailing measures for the period of 1999-2000.
Question 47
Viet Nam’s Notification on Industrial Subsidies (WT/ACC/VNM/13):  Structure for certain
enterprises to restructure: It is unclear whethe r this would be considered a specific subsidy and
therefore open to challenge in th e WTO. If the criteria for awarding it are based on the number
of employees or the size of the enterprise them it would be considered non-specific and therefore
allowed under the Subsidies Agreement. Could the Vietnamese authorities provide clarification
as to the criteria for granting support for enterprises to restructure?
The subsidies have a duration of between 1996 to 1998, yet some of the loans are for 7-10 or 15
year periods. Could Viet Nam provide details of when the loans were given and when they will
be fully repaid?
Answer:
The support recipients are all socio-economically important enterprises employing  a large
number of employees which are facing serious difficulties in their business. The objective of the
adjustment support programs is to secure employment and maintain production stability and social
security.
In Viet Nam’s view, these support programs ar e not inconsistent with the WTO Agreement on
Subsidies and Countervailing measures as the fundamental criteria governing their eligibility are
number of employees and size of enterprise.
Due to the deficiency in our statistical system, it is impossible for us to gather more detailed
information than that provided in the document WT/ACC/VNM/13.
Question 48
Support for domestic enterprises which operate in certain business fields and sectors:  These are
specific subsidies which are open to challenge in the WTO. Details of duration and value are notWT/ACC/VNM/16
Page 23
provided so the likelihood of challenge in WTO ca nnot be assessed. Also if they have assessed
that the trade effect is insignificant they shou ld be able to provide statistical data. Could
Viet Nam provide details of the duration and value of these specific subsidies, and provide
statistical data to demonstrate how the trade effect is insignificant?
Answer:
Support for domestic enterprises which operate in certain business fields and sectors is an
investment incentive for socio-economic development orientation with a view of employment creation
and hunger eradication and poverty elimination for people living in remote regions. Pursuant to the
Decree No. 07/1998/ND-CP dated 15 January 1998 providing detailed regulations on the Law on
Promotion of Domestic Investment dated 22 J une 1994 (amended), investment incentives for
investment projects started from the date this Decree became effective (i.e. 1 February 1998) shall be
subject to the provisions of this Decree. For the sp ecific incentives, this Decree provides for detailed
regulations on the starting date for those incentives applicable to the specific investment projects. For
instance, production, transport, trade and service establishments investing in those business fields and
sectors as prescribed in the List of business fields and sectors eligible for investment preferential
treatment such as afforestation, public transportation, education and training development, healthcare,
deep-sea fishing, processing of agricultural, forest and aquatic products, traditional handicrafts, etc.shall be entitled to a 50 per cent reduction of the turnover tax payable for 1 year from the month the
taxable turnover is made; be exempt from profits tax for the first 2 years from the profit-making date
and entitled to a 50 per cent reduction of the profits tax payable for the subsequent 3 years.
Due to the deficiency in our statistical system, it is impossible for us to gather such detailed
information about the value of the program as requested.
Question 49
Support for enterprises with foreign owned capital which operate in certain business fields and
sectors: We note these are specific subsidies wh ich are open to challenge within the WTO. They
are also possible contingent on the use of dome stic over imported goods and therefore should be
phased out. We request details on how and when Viet Nam intends to phase out these specificsubsidies, and data on trade effects, value, duration of these subsidies.
Answer:
Support for enterprises with foreign owned capital which operate in certain business fields
and sectors is an investment incentive with a view to encouraging foreign investment for full and
effective exploitation and utilisation of domestic resources (such as natural resources, human
resources),  but not for promotion of import-substitute production.
Due to the deficiency in our statistical system, it is impossible for us to provide such detailed
information as requested.
Question 50
Support for domestic enterprises which operate in certain areas: We note that these are specific
subsidies which could be challenged in WTO. Un til 1999 they are likely to have been considered
as non-actionable regional subsidies. However the provisions which allowed non-actionablesubsidies lapsed on 31 December 1999. A numb er of other Members including the EU have
regional aid programmes so it is less likely that these would be challenged. Once again, could
Viet Nam provide data on the value or duration of  the subsidies? If an assessment on the trade
effect has been made Viet Nam should be able to provide statistical data to back it up.WT/ACC/VNM/16
Page 24
Answer:
Support for domestic enterprises which operate in certain areas is aimed to encourage various
domestic economic sectors to invest in production and trade in mountainous, remote areas and other
areas under harsh socio-economic conditions with a view to stimulating the socio-economic
development therein. This program’s objective is to narrow the economic disparity and to bridge thedevelopment gap between regions within the country. Therefore, regional development support under
the form of investment incentives is, in our view, a legitimate need of such a low income developing
country in the process of economic transition as Viet Nam.
Due to the deficiency in our statistical system, it is impossible for us to provide such detailed
information as requested.
However, due to the disadvantaged location, underdeveloped infrastructure, limited market
access opportunity, unavailability of skilled labour, transportation difficulty, etc. the number ofinvestment projects in those areas has so far been rather small. Hence, the number of eligible
recipients of the mentioned investment incentives is still limited.
Question 51
Support for enterprises with foreign owned capital which operate in certain areas:  Similarly
these are specific subsidies which are open  to challenge in WTO and would have been
considered a non-actionable regional subsidy until December 1999. Again, we request further
details on value and duration and trade effects.
Answer:
Please refer to the answer to Question 50.
Question 52
Preferential credit for electrical material enterprises: Could Viet Nam clarify whether
preferential credit is an interest free loan or reduced interest loan and over what term?
Although preferential credit could be challenged  as a specific subsidy it would appear to have
little trade effect and it is therefore less likely to be challenged.
Answer:
In this program, preferential credit is a low interest loan. The support program’s objective is
to improve  production capacity to serve for the development of  national electricity network and the
electrification in rural, mountainous and ethnic minority areas as well as offshore islands.
Question 53
Support for production units facing difficulties for newly set up or expanded production units,
for production units applying new production technology: These appear to be non-specific
subsidies in that they are available to any en terprise damage by natural calamities, war or
unexpected contingencies and would therefore not be open to challenge. Once again we seek
data on value and duration and trade effects.WT/ACC/VNM/16
Page 25
Answer:
Support for production units facing difficulties for newly set up or expanded production units,
for production units applying new production technology is broadly applied. Hence, it is not a specific
subsidy. Due to the deficiency in our statistica l system, it is impossible to provide such detailed
information as required.
(b) Technical regulations and standards
Question 54
With reference to Question 152 (page 58), can Viet  Nam give a more precise indication of when
their TBT Action Plan will be submitted to the Working Party?
Answer:
Viet Nam will submit the Action Plan for the implementation of the TBT Agreement to the
Working Party as soon as possible.
Question 55
We seek the submission by Viet Nam of a detail ed action plan for the implementation of the
TBT Agreement by the time of accession. Could Viet Nam specify at what stage is the process of
establishing the TBT enquiry point?
Answer:
At present, the TBT focal enquiry point is Directorate for Standards and Quality (STAMEQ).
Concerning the Action Plan for the implementation of TBT Agreement, please refer to the
answer to Question 54.
Question 56
Does Viet Nam have concrete projects for further harmonisation of its standards with
international standards? If so, can it provide relevant information? If not, would it be ready to
prepare an action plan in this respect?
Answer:
Viet Nam has programs to harmonize its national standards with international standards.
These annually-designed harmonisation programs are based on the nation’s economic
development and international economic integration needs.
At present, there are nearly 5,000 national standards in Viet Nam, of which approximately
1,000 standards in various fields are international standards adopted and translated for application in
Viet Nam.
Question 57
Viet Nam indicated in earlier information to the Working Party that standards can be made
compulsory for ensuring the health and safety of  humans, animals and plants, for protecting the
environment or for “goods that are significantly important to the economy”. The last provisionWT/ACC/VNM/16
Page 26
does not appear to be in line with the provis ions or Article 2.2 of the TBT Agreement. Would
Viet Nam be ready to reconsider this approach? In addition, what does Viet Nam mean by
stating that standards can be made com pulsory “for harmonising of standards”?
Answer:
The Ordinance No. 18/1999/PL-UBTVQH10 dated 24 December 1999 of the National
Assembly Standing Committee on goods quality, which took effect as from 1 July 2000, has
superseded the Ordinance on goods quality dated 27 December 1990.
The new Ordinance provided that goods related to food, safety, sanitary, human health,
environment, and other goods specified by laws and regulations are obliged to be in conformity with
Viet Nam’s national standards. Other goods specified by laws and regulations are understood as:
- Goods related to national security;
- For preventing commercial frauds and deceptive practices.
This is in accordance with the spirit of WTO TBT Agreement.
Question 58
In earlier answers to questions asked by Members on the conformity assessment procedures
applicable to locally-produced goods for domestic consumption, Viet Nam sometimes refers to
“registration of product quality”, and sometimes to “mandatory conformity certification”. CanViet Nam confirm that these two wordings actually correspond to one single procedure?
Answer:
The registration of goods quality and the mandatory conformity certification are the two
different methods.
However, pursuant to the Ordinance on Goods Quality No. 18/1999/PL-UBTVQH10 dated
24 December 1999, the former (registration of goods quality) has already been annulled.
Question 59
Viet Nam has also indicated that different conformity assessment procedures apply to locally
produced goods for domestic consumption on the one hand (“registration of products quality”)
and to imported and exported goods on the other hand (“State inspection on quality”). Weunderstand that there is no possibility of choice between the two procedures. Is Viet Nam
planning to move towards a single procedure applying to products irrespective of their
geographic origin or destination?
Answer:
The Ordinance on Goods Quality No. 18/ 1999/PL-UBTVQH10 dated 24 December 1999
specifies the following two methods:
- Quality certification;
- Quality inspection.
These two methods are mainly developed on the basis of ISO Guides.  Imported products are
subject to either one of these two methods.WT/ACC/VNM/16
Page 27
Question 60
Can Viet Nam provide details of the various steps that have to be taken by
manufacturers/importers and of the various tests and controls that are carried out as part of
these two procedures?
Answer:
The mandatory product quality certification in Viet Nam is now being changed to safety
certification. The safety certification method is deve loped on the basis of Systems 4 of the 8 third-
party certification systems introduced by ISO.
The safety certification method includes representative sample testing + market/factory
surveillance.
The main stages of the safety certification method consists of :
- Application for certification;
- Representative sample testing (if necessary);
- Verification and granting certificate;
- Follow-up surveillance (i.e. post-certification surveillance).
Question 61
How are the fees that have to be paid by manu facturers/importers calculated in each of these
two procedures? How does Viet Nam ensure that such fees are proportional to the work carried
out?
Answer:
Fees that manufacturers/importers have to pay are calculated on the basis of the costs of
services rendered in the following main work:
- testing;
- verification;
- administrative formalities.
Fee rates are specified by the competent authority (Ministry of Finance).
Question 62
Viet Nam has indicated that it has introduced a procedure of manufacturer’s declaration of
conformity, so far on a limited basis. Is there a list of products for which this procedure can
replace mandatory third party certification? Is our understanding correct that this procedure is
so far reserved for domestically produced goods? Is Viet Nam planning to expand the scope of
this procedure in the near future, notably to co ver imported goods? Is it ready to publish a list
of transparent criteria to be fulfilled by companies wishing to use this procedure? Can it also
indicate which authority is responsible for authorizing the use of this procedure?
Answer:
The manufacturer’s declaration of product conformity to standards and technical  regulations
shall be the principal method of quality management in Viet Nam in the coming time.WT/ACC/VNM/16
Page 28
Imported products are also subject to this method.
The agency in charge of State management of goods quality is the Directorate for Standards
and Quality (STAMEQ).
Question 63
Does the list of products that are subject to  mandatory quality inspection contain the same
products as the list of products that are subject to mandatory registration of product quality?
Can Viet Nam provide the latest version of both lists?
Answer:
The method and list of goods quality registration expired at the beginning of 2001.
Regarding the list of imported and exported goods subject to State mandatory product quality
inspection, please refer to the following website: http://www.tcvn.gov.vn.
Question 64
Viet Nam indicated in earlier answers to ques tions from Members that it was considering
simplifying its inspection procedures by moving towards a system of representative sample
inspection. Can Viet Nam report on progress in this discretion?
Answer:
The method of representative sample testing has already been implemented in imported-
exported goods inspection by the State inspection bodies in Viet Nam.
Question 65
Viet Nam has also indicated that the requirement  for inspection of each individual consignment
can be waived in some cases, notably for companies that have a certain track record of quality.
Is there a list of transparent criteria that need to be fulfilled by companies which would wish to
avail themselves of this simplified procedure? If so, can Viet Nam provide the relevant legal
texts? Which authority is competent fo r allowing the use of this procedure?
Answer:
The reduced inspection procedure applicable to imported and exported goods is provided for
in the Decision No. 1091/1999/QD-BKHCNMT dated 22 June 1999 of the Minister of Science,
Technology and Environment on issuance of Regulation on State quality inspection of imported and
exported goods. Pursuant to this Regulation, consignments of which the tracking record of quality has
sustainably satisfied relevant quality grades prescribed in inspection criteria  (using statistical result of
quality inspection of imported and exported consignments in the history) are eligible for the reduced
procedure.
Conditions for application and detailed implementation of the reduced inspection procedure
are specified in regulations or inspection process applicable to each kind of goods issued by theDirectorate for Standards and Quality and line management ministries on the following principles:
- Reduction of inspection frequency (quantity of consignments continuously to be inspected by
way of taking samples);WT/ACC/VNM/16
Page 29
- Reduction of quantity of samples to be taken for inspection;
- Reduction of inspection criteria;
The State quality inspection bodies are competent for allowing the use of this procedure.
Question 66
Can Viet Nam provide information on the pr ocedures available for reviewing complaints
against decisions by the authorities responsibl e for conformity assessment/quality inspection
procedures?
Answer:
The procedure of reviewing complaints against decisions by the authorities responsible for
conformity assessment is conducted in compliance with Viet Nam’s Ordinance on Claim and
Denouncement.
Question 67
Does Viet Nam confirm that it will apply the TBT Agreement in full by the time of accession? Is
it planning to set up one single TBT enquiry point, which would probably be the most user-
friendly solution?
Answer:
Please refer to the answer to Question 55.
The establishment of a TBT focal enquiry point will be duly considered, however, it requires
time and technical solutions to handle this issue.
Question 68
Can Viet Nam provide information on its recent agreement with Ukraine on matters covered by
the TBT Agreement? Does it include a mechanism for mutual recognition of conformityassessments?
Answer:
The Agreement between Viet Nam and Ukraine includes the following main context:
- Harmonisation of national standards and conformity assessment procedures with international
standardisation organisations’ standards and guides;
- A mechanism for mutual recognition of conformity assessment results;
- Mutual technical cooperation.
Question 69
Can Viet Nam provide the texts of its existing Mutual Recognition Agreements? Can it also
provide detailed information on the work underway in the framework of ASEM with a view to
the conclusion of MRAs, and in particular on the so-called framework agreement?WT/ACC/VNM/16
Page 30
Answer:
Regarding texts of Viet Nam’s existing MRAs, please refer to the following website:
http://www.tcvn.gov.vn.
ASEM is considering the need and capability of concluding the Framework MRA. The
effective implementation of MRAs under other regional cooperation frameworks or among groups ofASEM economies will be a prerequisite for this process.
(c) Sanitary and phytosanitary measures, including measures taken with respect to imports
Question 70
Viet Nam seems to be taking appropriate account of international standards, guidelines and
recommendations. We would welcome a statement of commitment from Viet Nam to implement
the SPS Agreement from the date of accession without recourse to any transition period.
Answer:
Viet Nam is now taking appropriate accounts of international standards, guidelines and
recommendations in this field but requires certain transitional period after WTO full membership in
order to make necessary amendments and supplements so as to bring its relevant regulations into line
with the SPS Agreement. Being a developing country with low level of development and in the
process of economic transition, Viet Nam faces a lot of difficulties in implementing such acomplicated agreement which requires a lot of preparatory work regarding legislation, personnel
capacity and technical conditions.
Question 71
Overall, the paper focuses predominantly on inspection but we note that SPS measures are
broader than this. We would welcome additional information from Viet Nam on other aspects of
implementation of the SPS Agreement, such as  the development of relevant legislation and
administrative systems.
Answer:
Viet Nam is now making amendment to Plant Protection and Quarantine and Veterinary
Ordinances, Decrees and regulations regarding inspection, quarantine matters and other controlmeasures. These amendments will be informed to the Working Party members as soon as they are
fully completed.
Question 72
On transparency (Box 2) the statement that “V iet Nam ensures that transparency obligations
are met on the ongoing basis” would appear to  be inconsistent with the admission that a
notification authority and national enquiry point have not been established. What steps is
Viet Nam taking to establish a national enquiry point? What is the timetable forimplementation of this requirement?
Answer:
Department of Plant Protection and Veterinary  Department, which are in charge of plant
protection and veterinary matters respectively, are now under the management of Ministry ofWT/ACC/VNM/16
Page 31
Agriculture and Rural Development. These two agencies are, therefore, national enquiry points
responsible for providing information on plant protection and veterinary when necessary.
Question 73
We suggest that a stated commitment to publication of regulations, as required pursuant to
Article 7 and Annex B (paragraphs 1-2) of the SPS agreement, be included in the checklist.
Answer:
Plant Protection and Quarantine Ordinance, Veterinary Ordinance and other relevant
legislation are now being modified. Viet Nam will notify these modifications to the Working Party
members as soon as they are approved.
Question 74
There seem to be no need to repeat in Boxes 3 to  10 that Viet Nam shall fully inform changes to
WTO members. This is a transp arency obligation and could therefore be included in Box 2.
Answer:
The comment is agreeable.
Question 75
On necessity (Box 3) we believe the first sent ence should stop after the second reference to
“Viet Nam”. The remaining wording as it currently stands is confusing.
Answer:
The comment is agreeable. The first sentence should stop after the second reference to “Viet
Nam” and the remaining wording will be deleted.
Question 76
With regard to science based regulations (Box 4) , we would like to know why only three articles
are considered to relate to “regulation based on  science”. How does GMO labeling relate to such
regulations?
Answer:
Regarding science-based regulations (Box 4), our reference  to three relevant articles of the
SPS Agreement does not mean that only these three articles are considered to be related to science-based regulations.
Concerning the GMO labelling: this is a relatively new field for Viet Nam. At present, the
Regulation on safety management for genetically modified organism and products thereof is being
drafted. According to the Action plan for the implementation of SPS Agreement (document
WT/ACC/VNM/11), for genetically modified organi sm (GMO) products, Viet Nam should formulate
compulsory standards on products using GMO technology on the basis of specific evidence or the
appearance of the GMO labeling as “products using GMO technology ”. According to the DecisionNo. 178/1999/QD-TTg of the Prime Minister date d 30 August 1999 on issuing Regulation on goods
labelling for domestic circulation and for exports, imports, which took effect as from 1 January 2001,WT/ACC/VNM/16
Page 32
ingredient (composition) constitutes one of the eight mandatory content factors of goods label. The
detailed provisions on ingredient (composition) specify that components or elements of the compound
component which fall into the special group including radiated, GMO technology used ones are
obliged to be presented on goods label in compliance with international regulations that Viet Nam has
accepted to apply.
Question 77
Harmonization (Box 5): We would appreciate further information on the harmonization of
plant inspection procedures in ASEAN. For ex ample, what is meant by the reference to “the
first ten  kinds of agricultural produce”? The obligation of members is to harmonize their
procedures with international standards, guidelines and recommendations formulated by
Codex, OIE and under the IPPC, insofar as they are relevant to the subject areas covered by the
SPS Agreement. There is no obligation to harmon ize with the measures of other members of the
WTO or regional organizations.
Answer:
Viet Nam and other ASEAN members are no w developing a harmonisation framework of
plant inspection procedures for the first 10 agricultural products. This harmonisation is applied to the
ASEAN members only.
Question 78
Risk assessment (Box 7): How is risk asse ssment applied at the “local grassroots”?
Answer:
At present, risk assessment is undertaken only at the Central level. Local bodies only
coordinate and provide necessary information to the Central competent authority for implementation.
Question 79
Could Viet Nam update the Working Party on the measures that have been taken to implement
the SPS Agreement according to the action plan submitted in June 2000.
Answer:
1. Plant protection and quarantine activities:
Draft of amendments and supplements to Plant Protection and Quarantine Ordinance
has been completed and is now submitting to the Standing Committee of National
Assembly for approval.
2. Veterinary activities under the EU-funded project:
- With assistance from EU experts, Viet Nam is now drafting amendments to
Veterinary Ordinance and other relevant subsidiary legislation;
- An information unit of Viet Nam’s Veterinary authority has already been set
up and is being further developed;
- Recommendations to improve the inspection process of veterinary hygiene
and food safety and sanitary for products of animal origin are in preparation;WT/ACC/VNM/16
Page 33
- Recommendations to improve the inspection process of veterinary medicines
and vaccines are in preparation;
- Recommendations to improve technical skills, knowledge and professional
qualities of Vietnamese veterinary officers are in preparation.
(d) Trade-related investment measures
Question 80
The provision of Article 61 of the Investment Law in Viet Nam, whereas “any change to
business objective of an enterprise must be approved by competent authority”, may induce an
excessive hindrance to the development of foreign business engaged in importing of goods. Does
the Government of Viet Nam envisage changes in the above mentioned law which would leave
more ample space for a positive expansion of foreign enterprises registered in Viet Nam?
(WT/ACC/VNM/9, p.27, Question 58)
Answer:
Pursuant to Article 61 of the Law on Foreign Investment in Viet Nam dated
12 November 1996, any changes to the business objectives, the scale of production of enterprises with
foreign owned capital must be approved by the competent body in charge of State management of
foreign investment. This provision is a result of  Articles 59 and 60 of the Law on Foreign Investment
in Viet Nam, according to which the approval deci sion of foreign investment projects in Viet Nam
must be in the form of an investment licence. The business objective and production scale of an
enterprises with foreign owned capital are two of  the items specified in its investment licence.
Therefore, an enterprise with foreign owned cap ital must apply for amendment of its investment
licence (amended Investment Licence) in case of any change to its business objective. The provisionsof Article 61 of the Law on Foreign Investment does not cause any hindrance to enterprises’ import
activities.  Viet Nam’s foreign investment legislation does not restrict the importation of enterprises
with foreign owned capital of  equipment, machinery, materials for the purpose of enterprise
establishment and production.
Question 81
In order to protect foreign direct investment it might be helpful the right to use land, including
industrial parks, should be permitted for transfer on a voluntary basis without undergoing
official control. In your response to a similar question, you have stated that the land remains
subject to public ownership and under the administration of the State.  You have also hinted at
a number of regulations to facilitate land users in transferring and mortgaging their land use
right. It seems, however, that the official registration land property rights is not yet established
(WT/ACC/VNM/9, page 67, Questions 171 and 172). Could you please elaborate which stepswill be taken in order to ensure a fair, tr ansparent and predictable treatment of foreign
investment when necessitating the use of land?
Answer:
According to the Constitution of Viet Nam and Viet Nam’s legislation on land, land is of
public ownership, and is subject to exclusive administration by the State. Pursuant to Law on Landdated 14 July 1993, the Law on amendments and supplements to a number of Articles of the Law on
Land dated 2 December 1998 and the Ordinance on rights and obligations of foreign organizations,
individuals leasing land in Viet Nam dated 14 Oct ober 1994, the Government of Viet Nam shall lease
land to foreign-invested enterprises in Viet Na m who have the demand for using land to implement
their investment projects (excluding joint ventures between foreign investors with Vietnamese partyWT/ACC/VNM/16
Page 34
who contributes capital in the form of land use rights). Also according to the Law on Land, all entities
which lease land are obliged to use leased land in due compliance with the purpose specified in the
land lease contract signed with the Department of Land administration and not allowed to transfer
their land use rights. However, in case that enterprises lease land for industrial zone infrastructure
construction,  they are allowed to lease out the land where the infrastructure has been built.
According to the Law on amendments and supplements of a number of Articles of Foreign
Investment Law dated 9 June 2000, foreign-invested enterprises are allowed to mortgage their land
assets and value of their land use rights to borrow loans from credit organisations operating in Viet
Nam. At the moment, Viet Nam’s competent authorities are drafting subsidiary regulations on
mortgaging the value of land use rights.  Article 92 of the Decree No. 24/2000/ND-CP dated
31 July 2000 providing in details the implementation of the Law on Foreign Investment in Viet Nam
has provisions  to guide the mortgaging of the value of land use rights and land assets.
According to the Decree No. 08/2000/ND-CP of the Government on registration of security
transaction, the mortgaging of the value of land use rights and land assets must be registered at the
Department of Land Administration or Department  of Housing-Land Admini stration. The disposal of
mortgaged assets will comply with relevant regulations on security transactions.
Question 82
We appreciate the clarification provided by Viet  Nam in this section,  concerning their trade-
related investment practices, especially on the liberalization of local content requirements.
We note that Viet Nam should bring all of it s investment measures into line with the WTO
Agreement prior to the date of accession.
Answer:
The Government of Viet Nam has introduced a number of measures to encourage foreign
investment for the past years. Modifications of inve stment measures to bring them into line with the
WTO provisions prior to the date of accession will be  taken into consideration for specific issues and
fields
Question 83
Please submit to the Working Party a detail action plan identifyin g the current measures
inconsistent with the TRIMS Agreement and specif ying the timetable for their elimination. Such
an action plan should make su re that all TRIMS inconsistent measures are eliminated latest at
the moment of accession of Viet Nam to the WTO.
Answer:
Viet Nam’s legislation of foreign investment includes some measures inconsistent with
TRIMs Agreement, for example local content re quirements for automobiles and motorcycles
manufacturing projects.
Detailed Action Plan to gradually bring these measures into line with the TRIMs Agreement,
taking into account flexibility, special and differential treatment for developing countries, is in
progress and shall be submitted to the Working Party as soon as it is completed.WT/ACC/VNM/16
Page 35
(e) State-trading practices
Question 84
Viet Nam has circulated a Notification on Stat e Trading Enterprises and submitted it to the
Working Party for review in WT/ACC/VNM/14. We appreciate Viet Nam’s notification of its
state trading enterprises (STEs). We would like to commend Viet Nam in particular for its
comprehensive and detailed description of the activities and operation of Vinafood II. However,
we understand that there are several other STEs  which are directly engaged in rice trade in
Viet Nam. In this regard, would Viet Nam please submit additional notifications on the
following state trading enterprises: Vinafood I, Gedosico Import-Export, Grain Import-Export,
and Saigon General Trading Corp?
Answer:
The system of designating authorized enterprises to export rice was already phased out.
Please refer to the answer to Question 42.
Question 85
We have a broader concern about the ability of ex port state trading enterprises (STEs) to use
their special rights and privileges to disguise export subsidies or to otherwise engage in anti-
competitive behaviour. In this regard, will Viet Nam provide details on the specific steps it iswilling to take to ensure that the operations and policies of STEs within its jurisdiction do not
distort trade, and are otherwise consistent with the principles of nondiscriminatory treatment
prescribed by Article XVII of the GATT.
Answer:
Viet Nam is in the process of reforming State trading enterprises so as to create a level
playing field for all enterprises and ensure that  enterprises’ activities are in accordance with
commercial considerations.
Competition and anti-trust Law is being drafted to prevent and punish anti-competition
activities (scheduled to be submitted to the National Assembly for approval in 2002).
Question 86
GATT Article XVII stipulates that purchases and sales by state trading enterprises (STEs) must
be based “solely in accordance with commerci al considerations”. However, the information
provided in WT/ACC/VNM/14 suggest that the STEs notified by Viet Nam do not operate
strictly on the basis of commercial concerns.
For example, it reports that decisions on import quantities for fertilizers by the Agricultural
Materials Corporation (VUGECAM) are based on “quota allocations annually” and decisions
on the prices for imported fertilizer are set by the Government Pricing Committee.
Another example can be found in the restrictive import licensing procedures applied by the
Ministry of Culture for importing printing equipment, printed material, and cinematographic
works, which suggest that commercials con cerns are not the sole criteria for purchases.WT/ACC/VNM/16
Page 36
Answer:
The system of fertilizer import quotas and designating authorized enterprises to import
fertiliser was already phased out.
Import licensing procedures under the management of the Ministry of Culture and
Information applied for specialised printing plates and typesetting system for printing industry, sometypes of printer are aimed to ensure national security, social stability. Concerning motion pictures and
other audio-visual products, recorded on all kinds of materials, Ministry of Culture and Information
only examines their content for the purpose of ensuring national security, social security  and
preserving national culture, traditions and customs from negative effects and does not grant import
licences. Purchases and sales made by state trading enterprises in this field are based only on
commercial considerations.
Question 87
We note with concern that according to WT/ACC/VNM/9, Annex I, many of the products
subject to state trading are also subject to numerous additional restrictions. For example
gasoline and fertilizer are subject to state trading restrictions as well as quantitative
restrictions, surcharges and import licensin g. Spirits are subject to state trading and
quantitative restrictions.
Answer:
Viet Nam’s import management policy has been relaxed for the past few years. For the
remaining restrictions, Viet Nam shall submit the Elimination schedule of non-tariff barriers in the
process of WTO accession negotiations together with Initial Offer on Goods.
Question 88
It also appears that some of the state trading enterprises identified in WT/ACC/VNM/14 are
involved in both trade and industry regulation. For example, PetroVietNam is both an end-user
and the industry regulator in the energy industry. Separation of these functions would assist
Viet Nam in developing a more open and tran sparent regulatory and purchasing environment.
Answer:
Pursuant to the Notification  on state trading enterprises of Viet Nam  (document
WT/ACC/VNM/14), PetroVietnam is granted exclusive right to explore and exploit oil and gas over
the whole territory, territorial waters, economic special privileged zones, continental shelf and
offshore islands under the sovereignty of Viet Nam and eligible for operating petroleum-relating
activities overseas upon the approval of the Government. Therefore, PetroVietnam is just an
enterprise implementing tasked assigned by the Government, but not an industry regulator. The
Government of Viet Nam is responsible for issuin g and coordinating macro-policies of gas and oil
industry and governing the industry.
Question 89
We note, in addition, that several items li sted as being subject to state trading in
WT/ACC/VNM/9, Annex I are not addressed in WT/ACC/VNM/14. These items include clinker
black cement and constructions glass. We would appreciate information from Viet Namaddressing this, and to revise WT/ACC/VNM/14 to reflect the state trading requirements on
these items.WT/ACC/VNM/16
Page 37
Answer:
Viet Nam will continue to update and supplement information relating to state trading
enterprises in its new Notification on state trading enterprise for the period of 1999-2001.
Question 90
We have a commercial interest in many of the sectors listed in the STE notification in
WT/ACC/VNM/14. In general, we seek to minimize obstacles to trade created by the current
state regime, and we hope that Viet Nam will be willing to work with us to deal with any such
obstacles identified.
Answer:
State trading enterprises in Viet Nam are all operating in accordance with commercial
considerations. However, we are willing to work with the Working Party members to settle concerns
with respect to state trading enterprises.
(l) Government procurement practices
Question 91
In the response to Question 192 in WT/ACC/VNM/9, concerning when a list of governmental
procuring entities will be available, Viet Nam cites the Decree of 1 September 1999 on
Tendering Regulations.
Does this regulatory document also include th e list of government procurement agencies and
entities? If not, will such a list be published and made available for both domestic and foreign
suppliers?
Answer:
The Regulation on Tendering issued together with the Government Decree No. 88/1999/ND-
CP dated 1 September 1999 and supplemented and amended by the Decree No. 14/2000/ND-CP dated
5 May 2000 does not include the list of government procurement agencies and entities. However,
according to this Regulation, any purchase of goods and services or any investment by State agencies,
mass organisations and State-owned enterprises from the sources of the State budget must  be made in
the form of a tender.
Question 92
Concerning the response to Question 193 in WT/ACC/VNM/9:  In instances where a tender is
not open to foreign bidders, are the rules for publishing tenders and public notification the same
as those that are open?
Answer:
Pursuant to the Regulation on Tendering issued together with the Government Decree
No. 88/1999/ND-CP dated 1 September 1999 and supplemented and amended by the Decree
No. 14/2000/ND-CP dated 5 May 2000, the notification of  bid invitation and bid result must be made
public.WT/ACC/VNM/16
Page 38
Question 93
Concerning the response to Question 1 in WT/ACC/VNM/7:  Does the more recent tendering
regulation (1 September 1999) provide for the option of a foreign bidder to not enter in to
partnerships with Vietnamese contractors or is it required in every  instance that such a
partnership be formed?
Regarding the procurement of “suitable materials” do the technical requirements include issues
concerning “safety” in addition to sanitary and environmental issues?
Answer:
Pursuant to the Regulation on Tendering issued together with the Government Decree
No. 88/1999/ND-CP dated 1 September 1999 and supplemented and amended by the Decree
No. 14/2000/ND-CP dated 5 May 2000, the only case where foreign contractors are obliged to enter
into partnership with Vietnamese contractors or to undertake to employ Vietnamese sub-contractors isinternational tenders for construction and installation in Viet Nam.
Regarding the requirement that bidders attending tenders in Viet Nam undertake to purchase
and use materials and equipment of suitable quality and at reasonable price which are currently
produced, processed or available in Viet Nam, in addition to the quality suitability, price reasonability
and environmental sanitary, contractors are also required to ensure “safety” and some other necessaryissues.
Question 94
Concerning the response to Questions 2 in WT/ACC/VNM/7:  Regarding the public notices
provided in government tendering, particularly the results of the tender, is there a central
publication or federal journal where these notices are provided?
In light of the restrictions placed on foreign suppliers, what other steps has Viet Nam taken to
make the bidding process in Government Procurement more transparent?
Answer:
The public notices of government procurement in Viet Nam are compulsory. Viet Nam’s
legislation has presently not specified any particular publication where these notices are obliged to beprovided. Consequently, these public notices can be made through either Central or local newspapers.
Regarding restrictions on foreign contractors, the Decree No. 88/1999/ND-CP dated
1 September 1999 of the Government on issuing of the Regulation on Tendering previously require
that foreign contractors enter into partnership with Vietnamese contractors or undertake to employ
Vietnamese sub-contractors when participating in tenders for the selection of consultants, tenders for
the purchase of goods, and tenders for construction and installation in Viet Nam. However, pursuant
to the Decree No. 14/2000/ND-CP dated 5 May 2000 of the Government on amendments andsupplements to a number of Articles of the Regulation on Tendering issued together with the
Government Decree No. 88/1999/ND-CP dated 1 September 1999 the only case where foreign
contractors are presently obliged to enter into partnership with Vietnamese contractors or to undertake
to employ Vietnamese sub-contractors is international tenders for construction and installation in Viet
Nam.WT/ACC/VNM/16
Page 39
Question 95
We note the response to Question 5 of WT/ACC/VNM/7. We fully understand Viet Nam’s
position that accession to the GPA involves an assessment of whether a country’s overall
capability and level of development and administrative systems has reached a point where it
makes sense to participate.
We encourage Viet Nam to continue in its ongoing efforts to make its procurement systems
more transparent and open to competition. We would appreciate information on the steps
Viet Nam is taking in this regard.
Viet Nam should become an observer in the Government Procurement Committee as soon as
possible, and give seriously consideration to joining the Agreement.
Whether or not Viet Nam joins the GPA in the context of its WTO accession (and we certainly
would urge Viet Nam to take this step), please outline Viet Nam’s plans for making itsgovernment procurement regime more transparent and open.
Answer:
Further improvements to Viet Nam’s government procurement regime are being made with a
view to increasing its transparency and openness, particularly by drafting an Ordinance on Tendering
(The legal power of the Ordinance on Tendering ha s higher than that of the Decree on Tendering).
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME
1. General
(a) Intellectual property policy
Question 96
Please indicate the status of the draft amendm ent to the Decree No. 63/CP of 24 October 1996 of
the Government on detailed provisions of industrial property. Please explain in detail the scope
of protection of registered  trademarks under these new draft provisions. Please describe in
detail the protection of well-known trademarks under the new draft provisions.
Answer:
The Decree No. 06/2001/ND-CP on amendments and supplements to a number of Articles of
the Decree No.  63/CP dated 24 October 1996 on de tailed provisions of industrial property was
promulgated by the Government of Viet Nam on 1 February 2001.
As provided for in Article 1, para.24 of the Decree 06/2001/ND-CP, the scope of protection
of trademark rights is, compared to that of the Decree 63/CP, broader and in compliance with TRIPS
Agreement provisions. Particularly, in this Decree, the following acts shall also be deemed an
infringement of the trademark owner’s rights: “the use of signs which are identical with the trademark
protected by a Trademark Registration Certificate or by an International Registration for goods orservices similar to, or related to goods or services in the list registered with the trademark and/or the
use of signs which are similar to the protected trademark for goods or services identical with, or
similar to, or related to goods or services in the list registered with the trademark, if such use is liable
to create confusion of the origin of goods or services”.WT/ACC/VNM/16
Page 40
As provided for in the Decree 06/2001/ND-CP, a “well-known trademark” is the trademark
which is continuously used for so reputable goods or services that the trademark is widely known
(Article 1, para.2 of the Decree). The industrial property rights of a well-known trademark are
protected without time limit, from the date on which the trademark is recognised as a well-known
trademark. The procedures for recognition of well-known trademarks are to be provided for in theCircular on the implementation of the Decree 63/CP, amended by the Decree 06/2001/ND-CP, which
is scheduled to be issued in the 3
rd quarter of the year 2001, by the Ministry of Science, Technology
and Environment.
Apart from the use of a well-known trademark for commercial purposes without its owner’s
permission, the following acts shall also be deemed  an infringement of well-known trademark rights
(Article 1, para.24 of the Decree 06/2001/ND-CP): “t he use of signs which are identical with, or
similar to the well-known trademark, or signs which constitute a translation or a transliteration of the
trademark for any goods or services, including goods or services which are not identical with, or not
similar to, or not related to the reputable goods or services bearing the well-known trademark, if such
use is liable to create confusion of the origin of goods or services or wrong impression of relationship
between the user of the signs and the owner of the recognised well-known-trademark”.
Question 97
We seek the submission by Viet Nam of a more detailed action plan based on the document
model WT/ACC/9 for the implementation of the TRIPS Agreement by the time of accession.
Answer:
Viet Nam’s Action plan for the implementation of WTO TRIPS Agreement (document
WT/ACC/VNM/12) was made in compliance with the model document provided by the WTOSecretariat has received high appreciation from the Working Party members at the 4
th session of the
Working Party. Viet Nam shall continue to comple te its Action Plan for the implementation of  the
WTO TRIPS Agreement in accordance with the format of document WT/ACC/9 so as to submit it to
the Working Party members as soon as possible.
(c) Membership of international intellectual property conventions and of regional or
bilateral agreements
Question 98
Please inform about the status of promulgating  provisions in line with Art.34.1 of the TRIPS
Agreement in Vietnamese law.
Answer:
The draft of inter-ministerial Circular of the Supreme People’s Court, the Supreme People’s
Office for Supervision and Control and the Ministry of Science, Technology and Environmentproviding guidelines for the judgement of cases re lating to industrial property, including provisions
complying with Article.34.1 of the TRIPS Agreement, has been completed and is about to be
submitted to the competent authorities for i ssuance (scheduled to be issued in the 3
rd quarter of 2001).WT/ACC/VNM/16
Page 41
(e) Fees and taxes
Question 99
Could you please provide an update on the current state of legislation in the area of TRIPS:
Please indicate the status of the draft amendm ent to the Circular No. 23 TC/TCT of 9 May 1997
of the Ministry of Finance to provide for a uniform rate applied to both foreigners andVietnamese concerning the fees and charges in the field of industrial property.
Answer:
At present, amendments to the Circular No. 23TC/TCT dated 9 May 1997 of the Ministry of
Finance to provide for the uniform rate applied to both foreigners and Vietnamese concerning fees
and charges in the field of industrial property is being reconsidered because in our view, the rate of
fees and charges in the field of industrial property is a matter of administrative procedures and
therefore, is a permitted exception to national treatment as provided for in Article 2 of the ParisConvention.
2. Substantive standards of protection including, procedures for the acquisition and
maintenance of intellectual property rights
(a) Copyright and related rights
Question 100Please indicate the status of the draft amen dment to the Decree No. 76/CP of 26 November 1996
of the Government on copyrights. Please explain the protection of computer programs and
compilations of data as foreseen under this new draft.
Answer:
At present, the draft amendment to the Decree No. 76/CP dated 26 November 1996 of the
Government is in preparation. Provisions on the protection of computer programs and compilations of
data in the draft amendment shall comply with the corresponding provisions of the TRIPS Agreement.
(c) Geographical indications including appellations of origin
Question 101
Please provide status information for a new regulation on the protection of geographical
indications. Please describe in detail the pr otection granted to geographical indications as
foreseen under this new regulation.
Answer:
On 3 October 2000, the Government promulgated the Decree No. 54/2000/ND-CP on
industrial property rights protection of business secrets, geographical indications, trade names and the
protection of the rights of repression of unfair competitive practices relating to industrial property. As
provided for in Article 5 of this Decree, the industrial property rights of geographical indications shallbe automatically established if all prescribed conditions are fully satisfied without requirement for
registration with any State competent authority. Particularly, the provisions on protection of
geographical indications are as follows:WT/ACC/VNM/16
Page 42
“Article 10. Geographical indication
1. Protectable geographical indications are information on geographical origins of goods
that satisfy all the following conditions:
a) Being expressed in the form of a word, phrase, sign, symbol or picture which
serves to indicate a country or a region, a locality of a country;
b) Being presented on goods, packages of goods or transaction documents
relating to purchase or sale of goods to indicate that the goods originates from
a country, region or locality where the peculiar characteristics of quality,
reputation, fame, or other characteristics of the goods are essentially
attributable to its geographical origins.
2. Where geographical indications are appellations of origin of goods, the protection
thereof shall be implemented in accordance with existing regulations on appellationsof origins.
3. Geographical information that has become a common name of goods and lost the
function of indicating geographical origins shall not be protected as a geographical
indication according to this Decree.
Article 11. Persons entitled to use geographical indications
Persons entitled to use a geographical indication are those organizations, individuals that
conduct activities of manufacturing the goods bearing that indication in the territory of
respective country, region, or locality, provided that the existing reputation or fame of the
goods manufactured by those persons must be preserved.
Article 12. Content of industrial property rights of geographical indications
1. Persons entitled to use a geographical indication have the right to present that
indication on goods, packages of goods, transaction documents in order to purchase,
sale and advertise those goods.
2. The right to use geographical indications shall not be transferred.
Article 13. Term of industrial propert y protection of geographical indications
The right to use geographical indications shall be protected as long as conditions of
protectable geographical indications provided for in Article 10.1 and conditions of
manufacturing activities of persons entitled to use geographical indications as provided for in
Article 11 of this Decree still are fully satisfied.
Article 19. Acts of infringement of industrial property right of geographical indications
Acts of infringement of industrial property right of geographical indications include:1. Using any commercial indications which are identical with or similar to protected
geographical indications, thus creating wrong impression of the geographical origin
of goods;WT/ACC/VNM/16
Page 43
2. Using any commercial indications which are identical with or similar to protected
geographical indications for identical, similar or related goods, thus causing damage
to reputation, fame of goods bearing such geographical indications, even where such
indications are accompanied by expressions such as “method”, “type”, “style”,
“imitation”, or the like;
3. Using geographical indications of wines or spirits for those not originating in
indicated territories, even where the true origin of goods is indicated or geographical
indications are used in the form of translation into other languages or accompanied by
expressions such as “type”, “style”, “kind”, “imitation”, or the like.”
As provided for in the Decree No. 54/2000/ND-CP, persons entitled to use geographical
indications have the right to demand injunctions from the State competent authorities to stop the
persons who commit acts of infringement from his infringement and to claim damages from those
persons (Article 21).
The provisions on geographical indications protection in this Decree shall only be applied to
geographical indications other than appellations of origin of goods. Appellations of origin of goods
are protected under the Decree 63/CP. Therefore, geographical indications including appellations of
origin of goods are adequately protected in compliance with TRIPS Agreement requirements.
(e) Patents
Question 102
Please indicate the status of the draft Circular of the Ministry of Science, Technology and
Environment providing the application form, the examination guidelines and deposit of
microorganisms for the purpose of examination of the patent applications in respect of
microorganisms.
Answer:
The provisions relating to the application form, the examination guidelines and micro-
organism deposit procedures for the purpose of examination of the patent applications in respect of
microorganisms are being drafted by the Ministry of Science, Technology and Environment and arescheduled to be issued in the form of the Circular on the implementation of the amended Decree
No. 63/CP in the 3rd quarter of 2001.
(f) Plant variety protection
Question 103
Please inform about the status of promulgating  provisions concerning the protection of new
plant varieties in accordan ce with the UPOV standard.
Answer:
The Decree No. 13/2001/ND-CP of the Government on the protection of new plant varieties
was issued on 20 April 2001.WT/ACC/VNM/16
Page 44
(g) Layout designs of integrated circuits
Question 104
Please indicate the status of promulgating regu lations on the protection of layout-designs of
integrated circuits.
Answer:
The draft of the Government’s Decree on the protection of layout-designs of semiconductor
integrated circuits is being considered by the relevant competent authorities. This draft Decree is
scheduled to be submitted to the Government for promulgation in the year 2001.
(h) Requirements on undisclosed information, including trade secrets and test data
Question 105
Please provide status information for new regulations concerning the protection of undisclosed
information, trade secrets and test data in ac cordance with the standards as provided for in
Article 39 and Article 39.3 of the TRIPS Agreement.
Answer:
Business secrets (including trade secrets, test data) are protected as provided for in the
Government’s Decree No. 54/2000/ND-CP of 3 Oc tober 2000 on the protection of business secrets,
geographical indications, trade names and the protection of right of repression of unfair competitionrelating to industrial property. Business secrets shall be protected as long as they fully satisfy all
prescribed conditions without being required for registration. Particularly, provisions on the protection
of business secrets prescribed in the Decree 54/2000/ND-CP are as follows:
“Article 6. Business secret
1. Protectable business secrets are investment results in the form of information
satisfying all the following conditions:
- It is not common knowledge;
- It is applicable to business activities and when used, it renders its holder advantages
over those who do not hold or use such information;
- It is kept secret by its owner with necessary measures so that such information shall
neither be disclosed nor be easily accessible.
2. Other secret information not relating to business activities, such as secrets of personal
status, State management, security, national defense shall not be protected as business
secrets.
Article 7. Owners of industrial prop erty right of business secrets
1. Owners of industrial property right of business secrets are organizations, individuals
that have made investment to create or acquire investment results being businesssecrets.WT/ACC/VNM/16
Page 45
2. In case where a business secret is created or acquired by an employee, a contracting
party while performing assigned tasks, such business secret shall be under ownership
of the employer or assignor party, except otherwise agreed between interested parties.
Article 8. Content and term of protection of industrial property rights of business
secrets
1. The owner of industrial property right of business secrets have the right to possess,
use and dispose of such business secrets according to applicable laws and regulations;
2. Rights of the owner of industrial property ri ght of business secrets shall be protected
as long as such business secrets still fully satisfy all conditions provided in Article 6.1
of this Decree.
Article 9. Transfer of industrial property right of business secrets
1. Industrial property right of business secrets may be transferred or inherited according
to applicable laws and regulations;
2. The transfer of industrial property right of business secrets shall be effected in the
form of a written contract, in which the transferor must clearly indicate the business
secret to be transferred. In cases where the contractual parties agree to transfer only
the right to use a business secret (business secret licensing), the transferee shall beobliged to take necessary secret-keeping measures as required by the transferor.
Article 18. Acts of infringement of industrial property right of business secrets
Acts of infringement of industrial property right of business secrets include:1. Accessing, acquiring information on business secrets by taking acts against secret-
keeping measures of lawful owner of such business secrets;
2. Disclosing, using information on business secrets without permission of such
business secret owner;
3. Breaching secret-keeping contract or deceiving or abusing the trust of persons in
charge of secret-keeping, abusing the trust to access, acquire and disclose the
information on business secrets of the owner;
4. Accessing, acquiring others’ information on business secrets submitted for approval
in accordance with licence application procedures relating to doing business or
marketing of products, especially pharmaceutical products and agricultural-chemical
products, or by taking acts against secret-keeping measures of administrative
agencies, or using such information for the commercial purposes, including for
obtaining approval of licence application relating to doing business or marketing of
products.”
As provided for in the Decree No. 54/2000/ND- CP, business secret owners have the right to
demand injunctions from the State competent authorities to stop the persons who commit acts
of infringement from his infringement and to  claim damages from those persons (Article 21).WT/ACC/VNM/16
Page 46
4. Enforcement
(d) Any special border measures
Question 106
Please indicate the status of new provisions on border measures and procedures against
infringement of copyrights and related rights.
Answer:
The draft of regulations on measures and procedures of border-control against acts infringing
copyright and related rights is being drafted by relevant authorities. This document is scheduled to be
submitted to the competent authorities in the 4th quarter of 2001.
VI. TRADE-RELATED SERVICES REGIME
1. General
- Banking and Financial ServicesQuestion 107
It is our understanding that Viet Nam is cur rently considering a Law on Insurance Business.
Could Viet Nam please provide this Law to the Working Party as soon as possible? When does
Viet Nam expect this law to be finalized and implemented.?
Answer:
The Law on Insurance Business was approved on 9 December 2000 by the National
Assembly of the Socialist Republic of Viet Nam and became effective as of 1 April 2001. The text of
this Law is provided together with this Document.
VII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH
THIRD COUNTRIES
1. Bilateral or plurilateral agreements
Question 108
Reply 59 in WT/ACC/VNM/9 states that “According to the Trade Agreement on Textile and
Clothing between Viet Nam and EU. Viet Nam must reduce tariff on a number of EU textile
products imported to Viet Nam during the period of 10 years starting at 1 January, 1996.” Arethese tariff reductions made on an MFN basis? If not, how does Viet Nam intend to provide the
MFN treatment required in Article 1 when it accedes to the WTO?
Answer:
Viet Nam shall abide by MFN treatment provisions specified in Article 1 of GATT 1994
when it becomes a WTO Member.
_______________WT/ACC/VNM/16
Page 47
ANNEX I
Customs fees
(Issued together with Inter-Ministerial Circular No.71/2000/TTLT/BTC-TCHQ
dated 19 July 2000 of the Ministry of Finance and the General Department of Customs)
I. CUSTOMS CLEARANCE FEE
No. Kind of goods Calculation unit Fee rates
I Ordinary cargo:
1 Cargo transported by ships, barges (bulk goods, goods of
different sorts contained in bags, cans, drums, barrels, tanks,reservoirs)
- Minimum fee rate for 1 ton or less VND/ton 20,000 a.
- Fee rate for the second ton onwards VND/ton 1,200
Goods transported by ships (goods of the same sort): fee rate
per tonVND/ton 500
Maximum customs clearance fee rate for:
- Ships of a capacity of less than 10,000 GRT (Gross
registered tonnage)Ship Not exceeding 3
million VND
- Ships of a capacity of between 10,000 and less than 20,000GRTShip Not exceeding 6
million VND
- Ships of a capacity of between 20,000 and less than 70,000GRTShip Not exceeding 15
million VNDb.
- Ships of a capacity of 70,000 GRT or more Ship Not exceeding 20
million VND
2 Goods transported by land
a. - Goods transported by car VND/ton 5,000
b. - Goods transported by train VND/ton 2,000
Postal packages, parcels
- Of a weight of between 5 kg and less than 20 kg VND/clearing case 7,000
- Of a weight of between 20 kg and 50 kg VND/clearing case 10,000
- Of a weight of more than 50 kg, for every extra 10 kg asurcharge shall be collectedVND/10 kg 5003
- Of a weight of 1 ton or more, a surcharge shall be collected VND/ton 3,000
II Cargo contained in containers
1 Cargo contained in 20-feet containers VND/container 60,000
2 Cargo contained in 40-feet containers VND/container 120,000
III Cargo being automobiles and motorcycles of all kinds
Automobiles of all kinds
- Automobiles in complete units VND/unit 18,0001
- Automobile components in complete sets VND/set 20,000
2 Motorcycles (units and complete sets) VND /unit or set 6,000
Cargo being gold and gemstone
- Fee rate for 1 tael (37.5 gr) or less VND/clearing case 15,000
- Fee rate for the second tael (37.5 gr) onwards VND /tael 1,000IV
- Maximum fee rate for each clearance case Not exceeding 1.5
million VND
Import and export of foreign currencies
- Import, export of less than 100,000 USD (or equivalentamounts of other foreign currencies)VND 100,000
- For every extra 100,000 USD, a surcharge shall be collected VND 80.000V
- Maximum rate for each clearance case VND Not exceeding 1.5
millionWT/ACC/VNM/16
Page 48
II. FEES FOR GOODS AND LUGGAGE CONSIGNED AND PUT AT CUSTOMS
WAREHOUSES (CUSTOMS WAREHOUSE FEE)
No. Kind of goods Calculation unitFee rates (VND
per night and day)
Automobiles of all kinds
- Trucks of a capacity of 2 tons or more, passenger cars with15 seats or moreUnit 50,000 1
- Trucks of a capacity of less than 2 tons, tourist cars with 14
seats or lessUnit 30,000
2 Motorcycles, mopeds Unit 10,000
3 Computers, fax machines, photocopiers Unit 10,000
4 Air-conditioners, radios, cassettes, communication machines,
television sets, video setsUnit 5,000
5 Gold Tael (37.5 gr) 7,000
6 Gemstone Tael 10,000
7 Other goods
a. Small postal parcels of a weight of less than 20 kg Parcel 2,000
b. Small postal parcels of a weight of between 20 kg and 100 kg Parcel 4,000
c. Goods packages of a weight of between more than 100 kg and
1,000 kgPackage 5,000
d. Goods packages of a weight of more than 1,000 kg Package 10,000
III. CUSTOMS ESCORTING FEE – CUSTOMS SEALING FEE
No. Means of transport Calculation unit Fee rate (VND)
I Customs escorting fee
Automobiles:
- Escorting distance of less than 100 km Unit 48,000
- Escorting distance of between 100 km and 150 km Unit 96,0001
- Escorting distance of more than 150 km, a surcharge shall be
collected for every extra 50 kmUnit 30,000
Train
- Escorting distance of less than 100 km Wagon 42,000
- Escorting distance of between 100 km and 150 km Wagon 96,0002
- Escorting distance of more than 150 km, a surcharge shall be
collected for every extra 50 kmWagon 20,000
3S h i p
a. Fee rates for ships of a weight of less than 300 GRT as those for river or sea barges (as indicated in item 4
below)
Fee rates for ships of a weight of between 300 GRT and 1,000 GRT:
- Escorting distance of less than 200 km Ship 360,000
- Escorting distance of between 200 km and 300 km Ship 720,000b.
- Escorting distance of more than 300 km, a surcharge shall be
collected for every extra 50 kmShip 100,000
Fee rates for ships of a weight of more than 1,000 GRT:
- Escorting distance of less than 200 km Ship 600,000
- Escorting distance of between 200 km and 300 km Ship 1,200,000c.
- Escorting distance of more than 300 km, a surcharge shall be
collected for every extra 50 kmShip 150,000WT/ACC/VNM/16
Page 49
No. Means of transport Calculation unit Fee rate (VND)
River or sea barges
- Escorting distance of less than 200 km Barge 240,000
- Escorting distance of between 200 km and 300 km Barge 300,0004
- Escorting distance of more than 300 km, a surcharge shall be
collected for every extra 50 kmBarge 50,000
Crafts, boats
- Escorting distance of less than 100 km Boat 60,000
- Escorting distance of between 100 km and 150 km Boat 120,000
- Escorting distance of between 150 km and 200 km Boat 180,0005
- Escorting distance of more than 200 km, a surcharge shall be
collected for every extra 50 kmBoat 240,000
II Customs sealing fee
1 Paper seal fee:
- Seals which use less than 10 sealing papers Per sealing
procedure5,000
- Seals which use from 10 to less than 20 sealing papers Per sealing
procedure10,000
- Seals which use from 20 to less than 50 sealing papers Per sealing
procedure20,000
- Seals which use more than 50 sealing papers Per sealing
procedure30,000
2 Lead seal fee Per sealing case 5,000
3 Seal ring fee Per sealing case 20,000WT/ACC/VNM/16
Page 50
IV. FEE FOR CARGO AND LUGGAGE TRANSITTING THROUGH VIET NAM
(TRANSIT FEE)
No. Means of transport – Transiting DistanceCalculation
unitFee rate
(VND)
Automobiles
- Distance of less than 100 km Unit 60,0001
- Distance of 100 km or more, a surcharge shall be collected for every
extra 50 kmUnit 24,000
Train
- Distance of less than 100 km Wagon 72,0002
- Distance of 100 km or more, a surcharge shall be collected for every
extra 50 kmWagon 36,000
3S h i p
Fee rates for ships of a weight of between 300 GRT and less than 1,000 GRT:
- Distance of less than 100 km Ship 120,000a.
- Distance of 100 km or more, a surcharge shall be collected for every
extra 50 kmShip 60,000
Fee rates for ships of a weight of between 1,000 GRT and less than 3,000 GRT
- Distance of less than 200 km Ship 300,000b.
- Distance of 200 km and more, a surcharge shall be collected for every
extra 50 kmShip 70,000
Fee rates for ships of a weight of between 3,000 GRT and 5,000 GRT
- Distance of less than 200 km Ship 720,000c.
- Distance of 200 km and more, a surcharge shall be collected for every
extra 50 kmShip 120,000
Fee rates for ships of a weight of more than 5,000 GRT
- Distance of less than 200 km Ship 1,200,000d.
- Distance of 200 km and more, a surcharge shall be collected for every
extra 50 kmShip 240,000
V. ADMINISTRATIVE FEE
Fee rate for re-certification of cargo, luggage documentation:  12,000 VND/caseWT/ACC/VNM/16
Page 51
ANNEX II
Export and Import Goods Price Differential Surcharge
1. Price differential surcharge collected from exported goods
No Description of goods HS CodeRate of payable price
differentials (%)
1 Raw cashew nuts for export 10
2 Unprocessed rubber latex for export 6
2. Price differential surcharge collected from imported goods
No Description of goods HS CodeRate of payable price
differentials (%)
1 Dioctyl orthophthalates 2917.32.00 5
2 Paperboards and flat cartons used for packing,
having  a maximum horizontal pressureresistance of 3 kgf/cm2 and vertical pressureresistance of 14 kgfEx. 4804 10
3 Sanitary ceramic wares 6910.10.00
6911.90.0020
20
4 Drinking glasses, cups and kitchenware of
porcelain or china
Drinking glasses, cups and kitchenware of glass
other than of lead crystal6910.10.00
7013.10.00
7013.29.007013.32.007013.39.007013.99.0020
20
20202020
5 Table, floor, ceiling, wall and roof fans of a
power below 100W8414.51.00 20
6 Glass inners for commonly-used vacuum flasks
of a capacity not exceeding 2.5 litre
Commonly-used vacuum flasks of a capacity
not exceeding 2.5 litre, other than pistonvacuum flasks and  self-boiling vacuum flasks)7012.00.00
9617.00.1030
40
7 Welded and zinc-galvanized pipes and tubes in
steel10
8 Bars and rods in steel CT3, not further worked,
reinforced bars and rods in steel CT510
9 Steel sheets CT3 and CT3C 4
10 PVC powder 5
11 Uncoated printing paper, writing paper 4802.51.10
4802.52.104802.60.10
4823.51.10
4823.59.1010
1010
10
10WT/ACC/VNM/16
Page 52
No Description of goods HS CodeRate of payable price
differentials (%)
12 Ceramic and granite flooring tiles not
exceeding 400 x 400 mm and those kinds ofwhich either side is 400mm or less6810.11.00
6810.19.106910.19.906904.10.006904.90.00
6907.10.00
6907.90.006908.10.006908.90.0010
10101010
10
101010
13 Clinker 2523.10.00 10
14 Light brown sheet glass of a thickness between
5mm and 12 mm; dark green sheet glass of athickness between 3mm and 6 mm; white(transparent) and flat sheet glass of a thickness
between 1.5mm and 12 mm (not including
flower-worked glass, multi-layer glass, safetyglass, wired glass,  glass having reflectinglayer)7003.12.00
7003.19.907004.20.907004.90.90
7016.90.0010 (as from 1/1/2002)
10 (as from 1/1/2002)10 (as from 1/1/2002)10 (as from 1/1/2002)
10 (as from 1/1/2002)
15 Bars and rods of steel for construction in wound
or twisted coils (containing indentations, ribs,grooves), measuring from 10-40mm in diameter7213.10.10
7214.20.2010 (as from 1/1/2002)
10 (as from 1/1/2002)
16 Bars and rods of steel for construction, not
further worked, measuring from 6-40mm in
diameter7214.10.20
7214.99.00
7215.50.907215.90.9010 (as from 1/1/2002)
10 (as from 1/1/2002)
10 (as from 1/1/2002)10 (as from 1/1/2002)
17 V angle sections of steel of a height of 20-
125mm; C-shaped sections of steel of a heightnot exceeding 160mm7216.50.10
7216.50.9010 (as from 1/1/2002)
10 (as from 1/1/2002)
18 L angle sections of steel of a height of 20-
125mm7216.21.00
7216.40.1010 (as from 1/1/2002)
10 (as from 1/1/2002)
19 U-shaped sections of steel of a height not
exceeding 160mm7216.10.00
7216.31.10
7216.31.9010 (as from 1/1/2002)
10 (as from 1/1/2002)
10 (as from 1/1/2002)
20 I-shaped sections of steel of a height not
exceeding 160mm7216.10.00
7216.32.10
7216.32.9010 (as from 1/1/2002)
10 (as from 1/1/2002)
10 (as from 1/1/2002)
21 H-shaped sections of steel of a height not
exceeding 160mm7216.10.00
7216.33.107216.33.9010 (as from 1/1/2002)
10 (as from 1/1/2002)10 (as from 1/1/2002)
22 Flat-rolled steel, zinc-galvanized, of a thickness
of 0.25-0.55mm and length not exceeding3500mm; flat-rolled steel, zinc-galvanized,
corrugated; flat-rolled steed, galvanized with
non-ferrous metals, corrugated7210.41.10
7210.49.107210.61.10
7210.69.10
7210.70.407210.70.507210.70.907210.90.407210.90.5010 (as from 1/1/2002)
10 (as from 1/1/2002)10 (as from 1/1/2002)
10 (as from 1/1/2002)
10 (as from 1/1/2002)10 (as from 1/1/2002)10 (as from 1/1/2002)10 (as from 1/1/2002)10 (as from 1/1/2002)WT/ACC/VNM/16
Page 53
ANNEX III
Certain Highly Toxic Chemicals Subject to Prohibition on Trading
(as indicated in the Decision No.0088/2000/QD-BTM dated 18 January 2000 of the
 Minister of Trade to issue the Detailed List of goods subject to prohibition on trading,
commercial services subject to prohibition on providing;  goods, services subject to
 trading restrictions, conditionally traded goods, services)
No. Name of chemicals Formula Concentration
1A l d r i n C 12H8Cl6
2 BHC (lindane) C 6H6O6
3C h o r d a n e
4 DDT
5 Dieldrin
6E l d r i n
7 Heptachlor C 10H5Cl5
8 Isobenzen
9 Isodrin
10 Methamidophos C 2H8NO 2PS
11 Monocrotophos C 7H14NO 5P
12 Methyl Parathion C 8H10NO 5PS
13 Ethyl Parathion
14 Phosphamidon
15 Polychlorocamphere
16 Strobane
17 Captan
18 Captofol
19 Hexachlorobenzen C 6Cl6
20 24,5 T (Brochtoc, Decamine)
21 Axit cyanhydric and its salts HCN 0,0003
22 Hexacloro cyclohexan C 6H6Cl6 0,0001
23 Methyl parathion (demetil paranitro photpho,
volfatoc...)0,0001WT/ACC/VNM/16
Page 54
No. Name of chemicals
1 O-Alkyl ( ≤ C10, including cycloalkyl), Alkyl (Me, Et, n-Pr or i-Pr) phosphonofluo-ridates
2 O-Alkyl ( ≤ C10, including cycloclkyl), N,N-dialkyl (Me, Et, n-Pr or i-Pr) phospho-ramidocyanidates
3 O-Alkyl (H or C,10, including cyclolkyl), S-2-dialyl (Me, Et, n-Pr or i-Pr)-amincethyl alkyl (Me, Et, n-Pr
or i-Pr) phosphonothiolates and respective alkylat or protonat salts
4 Sulfur mustards:
2-Chloroethylchloromethylsulfide, (2625-76-5)Mustard gas: Bis(2-chloroethyl) sulfide, (505-60-2),Bis(2-chloroethylthio) methane, (63869-13-6)Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane, (3563-36-8)1,3-Bis(2-chloroethylthio)-n-propane, (63905-10-2)1,4-Bis(2-chloroethylthio)-n-butane, (142868-93-7)
1,5-Bis(2-chloroethylthio)-n-pentane, (142868-94-8)
Bis(2-chloroethylthiomethyl) ether, (63918-90-1)O-Mustard: Bis(2-chloroethylthioethyl) ether, (63918-89-8)
5 Lewisites:
Lewisite 1: 2-chlorovinyldichloroarsine, (541-25-3)Lewisite 2: Bis(2-chlorovinyl)chloroarsine, (40334-69-8)Lewisite 3: Tris(2-chlorovinyl)arsine, (40330-70-1)
6 Nitrogen mustards:
HN1: Bis(2-chloroethyl) ethylamine, (538-07-8)
HN2: Bis(2-chloroethyl) methylamine, (51-75-2)HN3: Tris(2-chloroethyl) amine, (555-77-1)
7 Saxitoxin, (35523-89-8)
8 Ricin, (9009-86-3)
9 Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
10 O-Alkyl (H or ≤ C10, including cycloalkyl) 0-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me, Et, n-
Pr or i-Pr) phosphonites and respective alkylat or protonat salts
11 Chlorasine: O-Isopropyl methylphosphonochloridate, (1445-76-7)
12 Chlorosoman: O-Pinacolyl ethylphosphonochloridate, (7040-57-5)
13 Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl] phosphorothiolate, (78-53-5) and respective alkylat or
protonat salts
14 PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene, (382-21-8)
15 BZ: 3-Quinuclidinyl beilate, (6581-06-2)
16 Methylphosphonyl dichloride, (676-97-1), Dimethyl methylphosphonate, (756-79-6)
17 N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides
18 Diakyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)phosphoramidates
19 2,2-Diphenyl-2-hydroxyaxetic acid, (76-93-7)
20 Quinuclidine-3-ol, (1619-34-7)
21 N,N-Dialyl (Me. Et, n-Pr or i-Pr) aminoethyl-2-ols and respective protonat salts
23 N,N-Dialyl (Me. Et, n-Pr or i-Pr) aminoethane-2-thiols and respective protonat salts
24 Thiodiglycol: Bis (2-hydroxyethyl) sulfide, (111-48-8)
25 Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol, (464-07-3)
26 Phosgene: Carbonyl dichloride, (75-44-5)
27 Chloropicrin: Trichloronitromethane, (76-06-2)WT/ACC/VNM/16
Page 55
ANNEX IV
The Toxic Chemicals and Products Containing Toxic Chemicals that are Conditionally Traded
(as indicated in the Decision No.0088/2000/QD-BTM dated 18 January  2000 of the Minister of
Trade to issue the detailed List of Goods subject to prohibition on trading, commercial services
subject to prohibition on providing;  goods, services subject to trading restrictions, conditionally
traded goods, services)
No. Name of chemicals Formula Concentration
1 Acetonitril CH 5-CN
2* Anilin C 6H7-N
3* Benzene C 6H6
4C h o l o r o f o r m C H C l 3
5* Furfurol C 5H4O2
6n - H e x a n C H 3(CH 2)4CH 3
7 Piridin C 5H5N
8 Carbon tetra chloro CCl 4
9* Tuluen C 7H8
10* Ethylen Glycol CH 2OH-CH 2OH
11* n-Butanol CH 3(CH 2) 2CH 2OH
12* Aldehyd acetic CH 3CHO
13* IsoPropanol CH 3CHOHCH 3
14* Asbestos raw material
15* Selen and selen compounds Se
16* Cadmium and cadmium compounds Cd
17 Thallium Tl
18* Xylen C 6H4(CH 3) 2
19* Acid Pechloric HClO 4
20 Acrolein CH 2=CH-CHO +0.002
21* Amoniac NH 3NH 4OH +0.002
22 Anhydric acsenio and anhydrit acsenic
(asen pentoxide)As2O3
As2O5+0.0003
23 Acsenua hydrogen AsH 3 +0.0003
24* Anhydrit carbonic CO 2 0.1% mg/l
25* Anhydrit cromic CrO 3 0.0001 mg/l
26* Anilin C 6H5-NH 2 0.005
27* Antimony Sb 0.0005
28* Hydrochloric acid and hydrochlorua
(calculated as hydrochlorua)HCl 0.010
29* Acid nitric (calculated as N 2O5) HNO 3 0.005
30* Acid acetic CH 3COOH 0.005
31 Cyanhydric calculated as HCN
32* Acid sulfuric and anhydrit sulfuric H 2SO 4 0.002
33* Acid phosphoric H 3PO 4
34* Acid picric C 6H3K8O7
35* Bary oxide containing 10% free SiO2 BaO 0.005
36* Bary + dissolvable compound (Ba)
37* Benzidin C 12H22N2 0.001
38* Brom Br 2 1 ml/m3
39* Bromua metyl Br-CH 3 10 ml/m3
40* Bromofoc CHBr 3
41* Bicromat alkali Cr 2O7-(NaK) 0.0001
42* Lead and inorganic compounds of lead Pb 0.00001
0.0001
43* Chlorine Cl 2 0.050WT/ACC/VNM/16
Page 56
No. Name of chemicals Formula Concentration
44* Chlorinebenzene C 6H5Cl 0.001
45 Chlorinediphenyl 0.0005
46 Chlorine oxydiphonyl 0.001
47 Chlorinenaphtaline (trichlorinenaphtalin) C 10H7Cl 0.005
48 High level tetra and pentanaphtalin mixture
49 Chlorineropren CH 2=CH-CCl=OH 2 0.002
50 Chlorinepycrin CC 3NO 2 20 mg/m3 60 mg/m3
51* Limestone chlorinerua (calculating as Cl) CaCl 2 0.001
52* Metylic spirit CH 3OH 0.050
53* Dimetyl amin (CH 3) 2NH 0.001
54 Dimetyl focmanit          CH 3
HCO-N <
           CH 30.001
55 Dichlorinebenzene C 6H4C12
56 Dinitrochlorinebenzene        (NO 2) 2
C6H3  <
Cl0.001
57 Dinitrotoluen (NO 2) 2C6H3-CH 3 0.001
58 Dinitrobenzene and identicals
59 Dioxide Chlorine ClO 2 0.0001
60* Copper (salt) 0.00005
61 Etyl mercury phosphate 0.00005
62* Focmaldehyt HCHO 0.005
63 Etyl mercury chlorinerua
64* Florua hydrogen FH 0.0005
65 Salt of acid flohydric (calculating as HF) FH 0.0005
66 Salt of acid flohydric (calculating as HF) 0.001
67 Florosilicat metal dissolved and undissolved
68 Hexachlorinero cychlorinehexan 0.00005
69* Isome (gamma)
70 Hydrazin and derivatives 0.0001
71 Isopropylnitrat C 3H7NO 2 0.005
72* NaOH gas, KOH gas
73* Mangan and mangan compounds (calculating
as MnO 2)MnO 2 0.0003
74* Metaldehyl
75 Nitrobenzene and its compounds C 6H5NO 2 0.005
76 Nitrochlorinebenzene Cl
C6H4 <    NO 20.001
77 Nicotin 0.0005
78 Metal nitrit NO 2
79 Ozon O 3 0.0001
80* Oxide carbon CO 0.030
81* Oxide etylen 0.001
82* Oxide zinc ZnO 0.005
83* Oxide nito, calculating as N2O5 N 2O, NO, NO 2, N 2O3,
N2O50.005
84* Oxide niken NiO 0.005
85 Oxide iron including fluo and mangan
compound0.004
86 Photpho white (sesquisulfur phesphore) P 4 0.0003
87 Photphotrichlorinerua compound 0.00005
88 Photphua hydrogen PH 3 0.0003WT/ACC/VNM/16
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No. Name of chemicals Formula Concentration
89 Photphua metal 0.15-0.30g
90* Photphorit (ore of under 10% free SiO2) 0.0005
91 Photgen COCl 2 0.0005
92* Phenol C 6H5OH 0.005
93 Photphat dietyl C 10H14NO 5PS 0.00005
94 Paranitropheny 5mg/kg
95 (Pration, thiophot) (insecticide)
96 Sunfur lead PbS 0.0005
97 Sunfua carbon SC 2 0.010
98 Sunfua hydrogen H 2S 0.010
99* Tetrachlorinerua carbon CCl 4 0.050
100 Tetrachlorineheptan 0.001
101 Tetra etyl lead Pb(C 2H5) 4 0.000005
102 Tetra nitrometan CH 3(NO 2) 4 0.00003
103 Metal mercury and mercury inorganic
compound, excluding HgC12 (sublime)Hg 0.00001
104 Mercury (II)
105 Chlorinerua (sublime) HgCl 2 0.0001
106 Trinitro chlorinebenzene 0.001
107 Trichlorineetylen 0.001
108 Trichlorineetylen C 2H3Cl3 0.050
109 Trinitrobenzene and its compounds C 6H3(NO 2) 3 0.001
110 Toluen dihydrogenxyanat 0.0005
111 Nitro Toluen CH 3-C6H4-NO 2 0.003
112 Tetraetyl C 10H20N2S4
Name of Chemicals
No. Name of chemicals
1 Phosphorus oxochloride, (10025-87-3)
2 Phosphorus trichloride, (7719-12-2)
3 Phosphorus pentachloride, (10026-13-8)
4 Trimethyl phosphite, (121-45-9)
5 Triethyl phosphite, (122-52-1)
6 Dimethyl phosphite, (868-85-9)
7 Diethyl phosphite, (762-04-9)
8 Sulfur monochloride, (10025-67-9)
9 Sulfur dichloride, (10545-99-7-0)
10 Thionyl chloride, (7719-09-7)
11 Ethyldiethanolamine, (139-87-7)
12 Methyldiethanolamine, (105-59-9)
13 Triethanolamine, (102-71-6)
14 Asen and asen compounds
15 Cyanide compounds
16 PCB (Polychlorinated biphenyls) and PCB-containing compounds
17 Mercury and mercury-containing compounds
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