The United States-Vietnam Trade and Investment Framework Agreement
Tariffs and Taxes
Although the majority of
Decree 125 increased the number of MFN duty-free tariff lines by 149 lines, from 3,133 to 3,282, effective
Import Bans and Restrictions
Government Decree No. 58/2016/ND-CP (Decree 58) requires an import license for some products with cryptographic functions (encryption).
The Law on Network Information Safety No. 86/2015/QH13, which came into effect on
Customs Barriers and Trade Facilitation
Companies are allowed to import all goods, except for a limited number of products that may only be imported by state trading enterprises. These products include cigars and cigarettes, materials for gold bar production, fireworks, newspapers, journals and periodicals, and recorded media for sound or pictures (with certain exclusions). Vietnamese law provides that foreign-invested enterprises with export trading licenses may buy agricultural products only from local traders.
Price Registration and Stabilization
Product Registration Requirements –
Circular 32/2018/TT-BYT (Circular 32), in force since
TECHNICAL BARRIERS TO TRADE / SANITARY AND PHYTOSANITARY BARRIERS
Technical Barriers to Trade
Automobiles and Automotive Parts
Sanitary and Phytosanitary Barriers
Importation Approvals for Genetically Engineered Products
Commercialization of Genetically Engineered Crops and Varieties
The new Decree took effect on
Feed Safety Import Inspection
Certificate of Free Sale for Feed and Feed Ingredients
Decree 13/2020 also requires that imported animal feeds and feed ingredients, including corn, rice, wheat, and soybeans, be accompanied by a Certificate of Free Sale (CFS) issued by competent authorities of the exporting country confirming that a quality examination has been conducted prior to the arrival of each shipment.
National Technical Regulation 190 on Maximum Residue Limits of Undesirable Substances in Feed and Feed Ingredients
NTR 190 set a zero tolerance for Salmonella and renewed Maximum Residue Limits (MRLs) for heavy metals in feed ingredients of plant origin for both livestock and aquaculture feed. This NTR was scheduled to be enforced on imports beginning on
Good Laboratory Practice Requirements for Pesticide Registration
Registration of pesticides in
Plant Quarantine Restrictions
Decree 13/2020, issued in
Ban on Offal Products
Despite MARD lifting
Products of Plant Origin
These measures included Circular 30/2014/TT-BNNPTNT, which contains a list of articles for which pest risk assessments (PRAs) must be provided before the article can be imported into
Under this circular, MARD initially gave
The list of types of timber will be updated and published every six months. Although
INTELLECTUAL PROPERTY PROTECTION
Decree 06/2016 on the Management, Provision and Use of Radio and Television Services, enacted in
Since 2019, the
Through several rounds of consultations under the TIFA and other advocacy channels with
Foreign investors who seek to open additional retail establishments beyond the first store in
Foreign investors may establish 100 percent foreign-owned bank subsidiaries, or may take ownership interests in domestic “joint stock” banks (i.e., commercial banks with any percentage of private ownership) or “joint venture” banks (i.e., banks set up by joint venture agreement, typically between domestic and foreign partners). Total equity held by foreign institutions and individual investors in domestic joint stock banks is limited to 30 percent, while total equity held by a foreign strategic investor (defined by
Over the last two years, foreign banks have raised concerns about provisions in the Law on Credit Institutions, which limits the lending of foreign bank branches in
Electronic Payment Services
In 2016, two Vietnamese payment processing networks were consolidated into a de facto monopoly, the
Facilities-based operators are required to be State-controlled firms, meaning that the State, through the relevant line ministry, must hold 51 percent or more of equity.
BARRIERS TO DIGITAL TRADE
Data Localization Requirements
cloud services providers from providing services on a cross-border basis to Vietnamese firms.
Online Advertising Services
Decree No. 181/2013/ND-CP (Decree 181) significantly restricts the supply of online advertising. The decree requires Vietnamese advertisers to contract with a
In 2019, the Government of
Decree 28/2017/ND-CP imposes fines on companies that place advertisements on foreign websites without going through a local intermediary, which significantly affects the ability of suppliers to offer services fully on a cross-border basis. While enforcement action to date has not been evident, enforcement threats have been used to pressure online suppliers to take down content deemed objectionable.
Internet-Based Content Services
Decree 27 consolidates existing content, server localization, and data retention requirements for social networks and information websites.
MIC Circular 38/2016/TT-BTTT (Circular 38) on Cross-border provision of General Information, which implements Decree 72, requires offshore service providers with a large number of users in
Personal Data Protection Regulation
Under MARD Circular 24 of 2016,
View the full report at https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
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