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8/4/2019 Vietnam _ WTO Commitment (2)
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Instructor: Nguyen Kim Thao, MBANT1- K35 UEH
Members:
Nguyn L Phng Linh
Nguyn Th Ngc Minh
Nguyn Th Yn Nhi
Nguyn Ngc Huyn Vy
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Import Tariff
Vietnam: a non-market economy
Textile industries
Non agricultural Subsidies
Agricultural Subsidies
Trading rights
State Owned and State Trading Enterprises
Export Restriction
Trade in service
Intellectual property right
Transparency
Investment
The Government should exercise their rights in thesame manner as other owners of enterprises
The state will speed up the process of transformation
of existing SOEsVietnam has also committed to provide the WTO
Members with annual reports to ensure full transparencyof its ongoing privatization and equitization (c phn
ha) programs
Establishing an officialjournal, website
Publishing draft legal on thewebsite of responsible Ministry Publishing Legal documents inthe Official Gazette (Cng b)
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- Copyright and Related Rights;
- Trademarks;
- Geographical Indications;
- Industrial Designs;
- Patents;
- Layout-Designs (Topographies) of IntegratedCircuits;
- Protection of Undisclosed Information;
- Control of Anti-Competitive Practices inContractual Licenses.
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Definition: a foreign country does notoperate on market principles of cost orpricing structures, so that sales ofmerchandise in such country do not reflect
the fair value of the merchandise
Determined factors Vietnam1.
The currency convertibilityThe currency is not completely
converted
2. Free bargaining of wages
3. Foreign investment
4.
The government
ownership or control of
the mean of production
- The process of transformation of SOEs
is still slow.- SOEs in Vietnam represent a great
share in terms of number and
contributions.
- SOEs have advantages in respect of
production, service supply and
import/export of certain key products
5.
The government control
over the allocation of
resources
-The degree of government intervention
into the economy is still high
- Vietnam dont have the private landownershi
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All persons can become exporters and importers
Viet Nam allows importing and exporting almost alltype of products except for those in prohibited lists.
Restriction to export rice products of foreign individualswill be removed on 1ST January 2011
Viet Nam maintains some commodities in the list of thestate ownedenterprises, such as:tobacco, petroleum,books and newspaper, magazines, disc, aircraft and
its spare parts.
http://../Desktop/thuyet%20trinh%20QHKTQT/thuyet%20trinh%20QHKTQT/State.dochttp://../Desktop/thuyet%20trinh%20QHKTQT/thuyet%20trinh%20QHKTQT/State.doc8/4/2019 Vietnam _ WTO Commitment (2)
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SectorApplied MFN
rates (%)
WTO finalbound rates
(%)
Implementation
period
Averageof
tariff rates 17.4 13.4 5 - 7 years
Agricultural
sector23.5 20.9 5 - 7 years
Industrialsector
16.8 12.6 5 - 7 years
Source: Accession of Viet Nam to the world trade organization.
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CommitmentNumbers
of tariff line
Proportion
(%)
Reduce tariffs 3800 35.5Bind at the level of current
applied tariff rates3700 34.5
Higher than the current
applied tariff rates 3170 30.0
Total 10670 100
Source: Accession of Viet Nam to the world trade organization
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Items of Goods
Applied MFN
Rates (2006)
WTO Final
Bound Rates (%)
1. Agricultural products 23.5 21.02. Fish and its products 29.3 18.0
3. Petroleum 3.6 36.6
4. Wood, papers 15.6 10.5
5. Textile 37.3 13.7
6. Leather, rubber 18.6 14.6
7. Metals 8.1 11.4
8. Chemical 7.1 6.9
9. Transportation equipment 35.3 37.4
10. Mechanical machinery equipment 7.1 7.311. Electrical machinery equipment 12.4 9.5
12. Minerals 14.4 14.1
13. Other manufactured products 14 10.2
Average of tariff rates 17.4 13.4
Source: Accession of Viet Nam to the world trade organization
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Sectoral Initiatives
Numbers
of TariffLine
MFN
rate(%)
Final
Bound(%)
1. Information Technology Agreement
(full participation)330 5.2% 0%
2. Chemical Harmonization Agreement(participating in 81% of its coverage)
1.300/1.600
6.8% 4.4%
3. Civil Aircraft Agreement - (participating
almost fully of its coverage). 89 4.2% 2.6%
4. Textile and Clothing Agreement
(full participation)1.170 37.2% 13.2%
5. Medical Equipment Agreement
(full participation)81 2.6% 0%
Vietnam is partly participating in some other agreements covering
products such as science equipments and construction equipments.
Source: Accession of Viet Nam to the world trade organization
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WTO tariff reduction commitments areobviously expected to
Lead to greater competition betweendomestic industries, especially heavily-protected and SOE sectors, and importedproducts
Reduce effective rate of protection of the
effected sectors
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a. Export duties:Vietnam applied export duties on some minerals and natural
resources exported in raw form.
Non-ferrous(kim loi mu): 35% - 17%
Ferrous(kim loi en): 45% - 22% (5 years)
b. Export restriction and prohibition Maintaining export controls on some products:rice, and some wood products and minerals Applying export restrictions and management
measures in a manner fully consistent with WTOprovisions
Prohibiting the exportation of a limited number ofproducts
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Description
1Weapons, ammunition, explosive materials and military
technical equipment and facilities
2 Antiques
3 Narcotics of all kinds.
4 Toxic chemicals.
5Timber, planks from domestic natural forests; firewood,charcoal made from wood or firewood of domestic
natural forest origin.
6Various kinds of wild animals, and natural rare precious
fauna and flora.7
Various types of special encryption devices and
encryption software used for protecting State secrets.
Source: Decision 46/2001/QD-TTg dated 4 April 2001 of the Prime Minister
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The internal taxation must not be appliedto protect domestic production.
The domestic taxation system must becompatible with WTO rules.
The WTO incompatible provisions: rawcotton, and semi-processed agriculturalproducts, tobacco leaves, automobiles,distilled spirits and beers. Related to: the Excise Tax Law; the VAT
Law
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Prohibiting quantitative import restrictions,
prohibitions, quotas and the use of importrestrictive licensing.a. Specific import restrictions:
Establishing a non-discriminatory and transparentsystem for the import of large motorcycles
Abolishing the import prohibition on cigarettes andother tobacco products
Eliminating the prohibition on the importation ofused vehicles ( 5 years)
http://../Desktop/thuyet%20trinh%20QHKTQT/thuyet%20trinh%20QHKTQT/Items%20prohibited%20from%20being%20imported.dochttp://../Desktop/thuyet%20trinh%20QHKTQT/thuyet%20trinh%20QHKTQT/Items%20prohibited%20from%20being%20imported.doc8/4/2019 Vietnam _ WTO Commitment (2)
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b.Quantitative restrictionItems Initial
quantity
Tariff rate (%) Remark
In-quota rate Out of quota rate
1. Eggs (except for
hatching)
30.000
dozens40 80
5% annual increase
of quantity
2. Sugar55.000
tons
5% annual increase
of quantity.
Raw sugar 25 85From 30% down to
25% by 2009
Refined sugar60
(beat sugar 50%)85
3. Tobacco leaves31.000
tons
30 80-905% annual increase
of quantity4. Salt
150.000
tons
5% annual increase
of quantity
Table salt 30 60
Industrial salt 15 50Sources: Accession of Viet Nam to the world trade organization.
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Vietnam China
Commodity
coverage
4 commodities:Sugar, salt, tobacco
leaves and eggs
9 commodities:
Rice, wheat, maize, soybean oil,
palm oil, colza oil, sugar, wool and
cotton
Annual growth of quota 5%/ year
Different growth rate product by
product: wheat 7%, rice 16%,maize 11%, ...
Time for
phasing out TRQNo
4 years
(except soybean oil 5 years)
Quota allocation
for private sector No
A certain amount of quota to be
allocated for private sector
In-quota tariff rate
reductionNo No
Out-off quota tariff rate
reduction
No Yes
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No export subsidies to any agricultural products
Permitted some special and differentialtreatments to developing countries in this area.
An unlimited level of so-called green boxand development box
Maintaining a domestic support level notexceeding 10% of total production value.
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Eliminating prohibited subsidies that itprovides to its industries.
Effecting many industries
Certain export subsidies in the form of
investment incentives granted before WTOaccession are allowed to be phased out in 5years (except for the textile industry);
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COMMITMENTS OF
VIETNAM FOR WTOENTRANCE IN SERVICE
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11
sectors
155 sub-sectors
11
Se
rvices
Sect
ors
Business
Communication
Construction and related engineering
Distribution
Educational
Environmental
Financial
Heath related and social
Tourism and travel related
Recreational, cultural and sporting
Transport
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11/11
110/155
Major sectors
Sub-sectors
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HORIZONTAL
COMMITMENTS
SECTOR-SPECIFIC
COMMITMENTS
http://phanloaitheomtn_gns_w_120ofwto.pdf/http://phanloaitheomtn_gns_w_120ofwto.pdf/http://phanloaitheomtn_gns_w_120ofwto.pdf/http://phanloaitheomtn_gns_w_120ofwto.pdf/http://phanloaitheomtn_gns_w_120ofwto.pdf/http://phanloaitheomtn_gns_w_120ofwto.pdf/http://phanloaitheomtn_gns_w_120ofwto.pdf/8/4/2019 Vietnam _ WTO Commitment (2)
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Business
Communication
Construction and related engineering
Distribution
Educational
Environmental
Financial
Heath related and social
Tourism and travel related
Recreational, cultural and sporting
Transport
11 Services Sectors
covering 26 sub-sectors(out of the total of 46). including professionalservices, computer,
research and developmentand other business support
Sectors and Sub-sectors Market Access Limitations onLegal Entity and Equity
Advertising
BCC or JVC win 51% foreignowned equity from accessionand no limit on foreign
equity in JVC from Jan 1st2009
Market ResearchJVC with 51% foreign ownedequity from accession and100% FOC from Jan 1st, 2009
Management consultingNo restriction. Brandingpermitted from Jan, 2010
JVC with 49% foreignownership from accession.No limit on foreign equity inJVC from Jan 1st 2008,
100% FOC from Jan 1st,2009
Transportation services are by far thelargest sector in world services trade.Vietnam has undertaken-though limited-
liberalization commitments for all sub-sectors of transportation, including maritimeand auxiliary services, internal waterwaystransport, auxiliary air transport and rail androad transport services.
Sectors and Sub-sectors Market Access Limitations onLegal Entity and Equity
Insurance
100% FOC allowed fromaccession, although 100%FOC may not engage in
statutory insurance businessuntil Jan 1st,2008. Branchingallowed from Jan, 2012
BankingBranches, JVC and 100% FOCallowed
Finance leasing JVC or 100% FOC
JVC and 100% FOC from Jan 1, 2009
Sectors and Sub-sectors Market Access Limitations onLegal Entity and Equity
Telecommunications (ValueAdded Services)
BCC and JVC with 51%foreign equity limit fromaccession, rising to 65% from
Jan,2010 (for non-facilities-based services). Forfacilities-based services,foreign equity ownershipcapped at 50%)
Telecommunications (Basic
Services)
Non facilities-based: BCCand JVC with 51% foreignowned equity limit fromaccession, rising 65% from
Jan,2010.
Health care: BCC, JVC or 100% FOC
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