| US-VIET NAM |
| US-Viet Nam TIFA |
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| GOODS |
| Tariffs |
Tariff cuts on a positive list approach detailed in Annexes to Chapter I. Typical cuts on Vietnamese side by 1/3 to 1/2 in first three year period.
QR on industrial and agricultural products listed eliminated over a period of 3-7 years
Viet Nam eliminates discretionary import licensing |
| Rules of Origin |
No provisions
customs valuation based on the transaction value of the imported merchandise on which duty is assessed, or of like merchandise
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| Contingency Measures |
| Anti - Dumping : No provisions |
| Countervailing Duties : No provisions |
| Safeguards : Chapter I- Article 6- permitted limited diciplines on safeguards with prior consultations |
Standards : In accordance with WTO standard, technical regulation and SPS measures applied on national treatment basis |
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| SERVICES |
WTO Notification (GATS Art. V) : Not Notified
Date of notification
Consideration Process :
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Liberalization Approach : Positive Lists
Modes Covered
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  Cross-border supply (Mode1)
Consumption abroad (Mode2)
Commercial presence (Mode3)
Presence of natural persons (Mode4)
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Specific Chapters on
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Specific Sectors Excluded
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Public Sectors carve-out : GATS-like (Article I:3(b))
Most Favoured Nation : Binding
National Treatment : Binding
Market Access : Binding
Domestic Regulation : Binding but subject to legitimate expectations (GATS-like)
Subsidies covered by services disciplines : Covered
Denial of benefits for commercial presence :
Article 10 Denial of Benefits
A Party may deny the benefits of this Chapter:
3. to a service supplier that is a juridical person, if it establishes that it is not a service supplier of the other Party.
Notes :
Link to schedules :
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| INVESTMENT |
Scheduling Approach : Negative Lists
Definition of investment : Covers portfolio investment
Most Favoured Nation : Binding
National Treatment : Binding
NT provision applies to entry and establishment rights
Fair and Equitable Treatment : Binding
Expropriation : Binding
Board of Directors and executive personnel :
Invester - State arbitration :
Denial of Benefits :
Additional BIT exists between the parties :
BIT list I :
Status:
BIT list II :
Status:
Notes :
Link to schedules :
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| TRADE FACILITATION |
| Customs procedures : No |
| Customs valuation : No |
| Trade regulations publication and administration (transparency) : No |
| E-Commerce / Paperless trade : No |
| Cooperation in trade facilitation : No |
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| OTHER AREAS |
| Government Procurement : No |
| Investment : Yes Chapter III on Developemnt of Investment Relations, Annex I on TRIMs illustrative list. Joint ventures with 100% US ownership in 7 years from time agreement in force. |
| Competition Policy : No |
| Intellectual Property : Yes Extensivelly covered in Chapter II. TRIPS level Patent and Trademark protection (implemented in 12 months) and Copyright and Trade secrets protection (Implemented in 18 months). TRIPS plus treatment in several areas |
| Dispute Settlement : No
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| Labor Mobility : No |
| Labor and Environmental Standards : No
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| Technical cooperation : No |
| Institutional mechanism : No |
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Notes:
Reviews of the agreement every three years.Chapter V and VI on Business facilitation and Transparency respectively. This agreement has introduced MFN and National treatment principles in US-Vietnamese trade. |
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| RULES OF ORIGIN |
Cumulation
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Specific Process
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Heading Change
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De Minimis
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Minimum Content
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Drawback
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Http Link
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Notes
No details on rules of origin. See also http://www.usvtc.org/trade/bta/summary_EN.pdf |
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