Ordinance No. 41/2002/PL-UBTVQH10 stipulates most-favored-nation treatment and national treatment in international trade for goods, services, investment, and intellectual property rights. This ordinance aims to unify state management of most-favored-nation treatment and national treatment based on equality and mutual benefit.
Đối tượng áp dụng
The State of Vietnam, foreign organizations, and individuals participating in trade with Vietnam, including imported and exported goods, services, investment, and intellectual property rights.
Các điểm cốt lõi
- Most-Favored-Nation Treatment and National Treatment for goods, services, investment, and intellectual property rights.
- The ordinance stipulates the principles of applying most-favored-nation treatment and national treatment based on equality, reciprocity, and mutual benefit.
- Exceptions to Most-Favored-Nation Treatment and National Treatment in certain cases such as protecting national defense, security, cultural, health, and environmental interests.
- The ordinance specifies the scope of application of most-favored-nation treatment and national treatment for areas of trade in goods, services, investment, and intellectual property rights.
- The Government unifies state management of Most-Favored-Nation Treatment and National Treatment, with the Ministry of Commerce responsible for implementation.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhancing economic cooperation between Vietnam and other countries through the application of most-favored-nation treatment and national treatment.
- Negative impact: It may cause difficulties for businesses in complying with various legal regulations from different countries.
❓ Câu hỏi thường gặp
Who are the subjects of Most-Favored-Nation Treatment and National Treatment?
Applies to imported and exported goods; foreign service providers; foreign investments and investors; and subjects of intellectual property rights of foreign organizations and individuals.
What are the exceptions to Most-Favored-Nation Treatment in trade in goods?
Not applicable to preferential treatments granted to members of economic integration agreements, land bordering countries, developing and least developed countries, and procurement tenders.
What is the scope of application of Most-Favored-Nation Treatment in investment?
Applies to establishment, sale, purchase, expansion, management, operation, and disposal of production and business facilities or investments through other forms.
What are the exceptions to Most-Favored-Nation Treatment for intellectual property rights?
Not applicable to exceptions provided for in international treaties to which Vietnam is a party or has acceded, and practical measures necessary to enforce laws.
How does the Government decide on the application of Most-Favored-Nation Treatment and National Treatment?
The Ministry of Commerce proposes and submits to the Government after consulting relevant ministries and agencies; the Government decides or submits to competent state authorities for decision.
Toàn văn
ORDINANCE
Most-Favored-Nation Treatment and National Treatment in International Trade
_________________________
To unify state management over Most-Favored-Nation Treatment and National Treatment on the basis of equality and mutual benefit in international trade; to effectively implement foreign economic policy, contributing to strengthening economic cooperation between the Socialist Republic of Vietnam and other countries;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;
Pursuant to the Resolution of the Tenth Session of the Tenth National Assembly regarding the legislative program for 2002;
This Ordinance stipulates the application of Most-Favored-Nation Treatment and National Treatment in international trade.
Chapter 1:
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Ordinance stipulates the scope, principles, and circumstances under which Most-Favored-Nation Treatment and National Treatment are applied in international trade, including goods trade, services trade, investment, and intellectual property rights.
Article 2. Applicability
Most-Favored-Nation Treatment and National Treatment shall be applied to:
1. Goods imported into Vietnam and goods exported from Vietnam;
2. Services and foreign service providers;
3. Investment and foreign investors;
4. Intellectual property right holders who are organizations or individuals from abroad.
Article 3. Explanation of Terms
In this Ordinance, the following terms are understood as follows:
1. "Most-Favored-Nation Treatment in goods trade" means treatment not less favorable than the treatment that Vietnam grants to goods of origin from one country compared to similar goods of origin from a third country, or to goods exported to one country compared to similar goods exported to a third country.
2. "Most-Favored-Nation Treatment in services trade" means treatment not less favorable than the treatment that Vietnam grants to services and service providers of one country compared to similar services and service providers of a third country.
3. "Most-Favored-Nation Treatment in investment" means treatment not less favorable than the treatment that Vietnam grants to investment and investors of one country compared to investment and investors of a third country under similar conditions.
4. "Most-Favored-Nation Treatment for intellectual property rights" means treatment not less favorable than the treatment that Vietnam grants to the establishment, protection, and enforcement of intellectual property rights and all benefits derived therefrom for organizations and individuals of one country compared to organizations and individuals of a third country.
5. "National Treatment in goods trade" means treatment not less favorable than the treatment that Vietnam grants to imported goods compared to like domestic goods.
6. "National Treatment in services trade" means treatment not less favorable than the treatment that Vietnam grants to foreign services and service providers compared to like domestic services and service providers.
7. "National Treatment in investment" means treatment not less favorable than the treatment that Vietnam grants to foreign investment and investors compared to domestic investment and investors under similar conditions.
8. "National Treatment for intellectual property rights" means treatment not less favorable than the treatment that Vietnam grants to the establishment, protection, and enforcement of intellectual property rights and all benefits derived therefrom for foreign organizations and individuals compared to domestic organizations and individuals.
Article 4. Principles of Application of Most-Favored-Nation Treatment and National Treatment
The Socialist Republic of Vietnam applies Most-Favored-Nation Treatment and National Treatment in international trade based on the principles of equality, reciprocity, and mutual benefit.
Article 5. General Exceptions
1. The Most-Favored-Nation Treatment and National Treatment shall not be applied in cases necessary to ensure national defense interests, national security, protection of cultural and spiritual values of the nation, human health, animal and plant protection, and environmental protection, and to prevent commercial fraud.
2. The Most-Favored-Nation Treatment and National Treatment shall not be applied to countries that conduct or participate in activities against the independence, sovereignty, unity, and territorial integrity of the Socialist Republic of Vietnam.
Chapter 2:
MOST-FAVORED-NATION TREATMENT
Article 6. Cases for Applying Most-Favored-Nation Treatment
The State of Vietnam applies part or all of the Most-Favored-Nation Treatment in the following cases:
1. When Vietnamese laws provide for the application of Most-Favored-Nation Treatment;
2. When international treaties signed or joined by Vietnam stipulate the application of Most-Favored-Nation Treatment;
3. When a country or territory has actually applied Most-Favored-Nation Treatment to Vietnam;
4. Other cases decided by the Government.
Article 7. Scope of Application of Most-Favored-Nation Treatment in Goods Trade
Most-Favored-Nation Treatment in goods trade shall apply to:
1. Taxes, fees, and other charges on exported, imported goods, or related to such goods;
2. Payment methods and transfer of payment funds for exported, imported goods;
3. Regulations and procedures related to the export and import of goods;
4. Domestic taxes and fees directly or indirectly levied on imported goods;
5. Quantity restrictions and permits for the export and import of goods;
6. Other legal provisions affecting the sale, offer, purchase, transportation, distribution, storage, and use of goods in the domestic market.
Article 8. Exceptions to Most-Favored-Nation Treatment in Goods Trade
Most-Favored-Nation Treatment in goods trade shall not apply to:
1. Preferential treatments granted to members of economic integration agreements signed or joined by Vietnam;
2. Preferential treatments granted to neighboring countries to facilitate cross-border trade based on bilateral agreements;
3. Preferential treatments granted to developing and least developed countries;
4. Preferential treatments under transit goods agreements signed or joined by Vietnam;
5. Procurement of goods for projects using international or foreign financial assistance according to government regulations and other specified projects.
Article 9. Scope of Application of Most-Favored-Nation Treatment in Services Trade
Most-Favored-Nation Treatment in services trade shall apply to measures regulating service trade involving foreign service providers on Vietnamese territory.
Article 10. Exceptions to Most-Favored-Nation Treatment in Services Trade
Most-Favored-Nation Treatment in services trade shall not apply to:
1. Exceptions to Most-Favored-Nation Treatment for certain service sectors as provided in bilateral or multilateral agreements signed or joined by Vietnam;
2. Preferential treatments for services and service providers from neighboring countries to promote service trade between Vietnam and these countries;
3. Preferential treatments for foreign services and service providers as provided in regional economic agreements, free trade area agreements, and similar arrangements signed or joined by Vietnam;
4. Procurement of services for projects using international or foreign financial assistance according to government regulations;
5. Other cases decided by the Government.
Article 11. Scope of Application of Most-Favored-Nation Treatment in Investment
Most-favored-nation treatment in foreign investment activities shall be applied to investments and investors of a country in establishing, selling, purchasing, expanding, managing, operating production and business establishments, and other forms of investment or disposal.
Article 12. Exceptions to Most-Favored-Nation Treatment in Investment
The application of exceptions to most-favored-nation treatment for investments and investors of a country shall comply with Vietnamese law and international treaties to which Vietnam is a party.
Article 13. Scope of Application of Most-Favored-Nation Treatment for Intellectual Property Rights
Most-favored-nation treatment for intellectual property rights shall apply to all types of intellectual property rights protected under Vietnamese law and international treaties to which Vietnam is a party, including:
1. Copyrights and related rights;
2. Industrial property rights over inventions, utility models, industrial designs, trademarks, geographical indications including product origin names, trade names, business secrets, layout-designs of integrated circuits, plant varieties;
3. Rights against unfair competition related to industrial property rights and other intellectual property rights.
Article 14. Exceptions to Most-Favored-Nation Treatment for Intellectual Property Rights
Most-favored-nation treatment for intellectual property rights shall not apply to:
1. Exceptions to most-favored-nation treatment provided for in international treaties to which Vietnam is a party;
2. Legal provisions or practical measures necessary to ensure the enforcement of laws on the protection of intellectual property rights, including requirements for representation and transaction addresses in Vietnam of foreign subjects in administrative procedures and judicial proceedings.
Chapter 3:
NATIONAL TREATMENT
Article 15. Cases of Application of National Treatment
The Socialist Republic of Vietnam shall apply part or all of national treatment in the following cases:
1. When Vietnamese law provides for the application of national treatment;
2. When international treaties to which Vietnam is a party provide for the application of national treatment;
3. When a country or territory has actually applied national treatment to Vietnam.
4. Other cases decided by the Government.
Article 16. Scope of Application of National Treatment
National treatment shall be applied to objects specified in Article 2 of this Decree according to the principles set forth in Article 4 of this Decree, based on compliance with Vietnamese law and international treaties related to national treatment to which Vietnam is a party.
Article 17. Exceptions to National Treatment
National treatment shall not apply to:
1. Government procurement aimed at government consumption;
2. Subsidies granted to domestic producers, programs implemented through the purchase of domestically produced goods by the Vietnamese Government;
3. Provisions limiting the duration of film screenings;
4. Domestic transportation fees calculated based on the economic activities of transport means.
Chapter 4:
STATE MANAGEMENT OF MOST-FAVORED-NATION TREATMENT AND NATIONAL TREATMENT
Article 18. Contents of State Management of Most-Favored-Nation Treatment and National Treatment
The contents of state management of most-favored-nation treatment and national treatment include:
1. Issuing and implementing legal normative documents on most-favored-nation treatment and national treatment;
2. Deciding on the application or non-application of most-favored-nation treatment and national treatment;
3. Signing, joining, and implementing international treaties related to most-favored-nation treatment and national treatment;
4. Developing and implementing policies on most-favored-nation treatment and national treatment;
5. Organizing the collection, processing, and provision of information related to most-favored-nation treatment and national treatment;
6. Promoting and disseminating laws and policies related to most-favored-nation treatment and national treatment;
7. Inspecting and supervising compliance with laws on most-favored-nation treatment and national treatment;
8. Resolving complaints and handling violations of laws related to most-favored-nation treatment and national treatment.
Article 19. State Management Authority for Most-Favored-Nation Treatment and National Treatment
1. The Government shall uniformly manage state affairs concerning Most-Favored-Nation Treatment and National Treatment.
2. The Ministry of Commerce shall be responsible before the Government for uniformly managing state affairs concerning Most-Favored-Nation Treatment and National Treatment.
3. Ministries and ministerial-level agencies within their respective duties and authorities shall have the responsibility to coordinate with the Ministry of Commerce to manage state affairs concerning Most-Favored-Nation Treatment and National Treatment in the fields they are assigned to oversee.
The Government shall specify in detail the responsibilities of ministries and ministerial-level agencies in coordinating with the Ministry of Commerce to manage state affairs concerning Most-Favored-Nation Treatment and National Treatment.
Article 20. Proposals and Decisions on the Application or Non-application of Most-Favored-Nation Treatment and National Treatment
1. The Ministry of Commerce shall propose and submit to the Government the application or non-application of Most-Favored-Nation Treatment and National Treatment within its state management scope after obtaining written opinions from relevant ministries and sectors.
2. Ministries and ministerial-level agencies shall propose and submit to the Government the application or non-application of Most-Favored-Nation Treatment and National Treatment within their state management scope after obtaining written opinions from the Ministry of Commerce.
3. The Government shall decide or submit to competent state agencies for decision the application or non-application of Most-Favored-Nation Treatment and National Treatment.
Article 21. Signing and Implementing International Treaties
The signing, accession, and implementation of international treaties related to Most-Favored-Nation Treatment and National Treatment shall be carried out in accordance with Vietnamese laws on the signing and implementation of international treaties.
Article 22. Dispute Resolution and Handling Violations
The resolution of disputes and handling of violations related to Most-Favored-Nation Treatment and National Treatment shall be carried out in accordance with Vietnamese laws and international treaties to which Vietnam is a party.
Chapter 5:
IMPLEMENTING PROVISIONS
Article 23. Effectiveness of Implementation
This Ordinance takes effect from September 1, 2002.
Article 24. Guidance on Implementation
The Government shall provide detailed regulations and guidance for the implementation of this Ordinance.
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