| THE STANDING COMMITTEE NATIONAL ASSEMBLY --------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom Happiness -------------- |
| No. : 41/2002/PL-UBTVQH10 | Hanoi, May 25th, 2002 |
ORDINANCE
ON MOST FAVOURED NATION TREATMENT AND NATIONAL TREATMENT IN INTERNATIONAL COMMERCE
THE STANDING COMMITTEE NATIONAL ASSEMBLY
In order to unify State administration of most favoured nation treatment and national treatment on the basis of equality and mutual benefit in international commerce; to effectively implement external economic policy and enhance the economic co-operative relationship between the Socialist Republic of Vietnam and other countries;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by resolution No. 51-2001-QH10 of Legislature X of the National Assembly at its 10th session on 25 December 2001;
Pursuant to the resolution of Legislature X of the National Assembly at its 10th session on the program for formulation of laws and ordinances in 2002;
This Ordinance provides for the application of most favoured nation treatment and national treatment in international commerce.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam as amended by resolution No. 51-2001-QH10 of Legislature X of the National Assembly at its 10th session on 25 December 2001;
Pursuant to the resolution of Legislature X of the National Assembly at its 10th session on the program for formulation of laws and ordinances in 2002;
This Ordinance provides for the application of most favoured nation treatment and national treatment in international commerce.
Chapter 1
GENERAL PROVISIONS
Article 1. Governing scope
This Ordinance regulates the scope of, principles for, and the cases for applicability of most favoured nation treatment and national treatment in international commerce, comprising the [following] sectors of trade in goods, trade in services, investment, and intellectual property rights.
Article 2. Applicability
Most favoured nation treatment and national treatment shall apply to the following:
1. Goods imported into Vietnam and goods exported from Vietnam;
2. Foreign services and foreign service providers;
3. Foreign investment and foreign investors;
4. Holders of intellectual property rights being foreign organizations and individuals.
Article 3. Interpretation of terms
In this Ordinance, the following terms shall be interpreted as follows:
1. “Most favoured nation treatment in commercial goods” means treatment not less favourable than the treatment Vietnam accords to imported goods originating from any one country in comparison to similar imported goods originating from third countries, or to goods exported to any one country in comparison to similar goods exported to third countries.
2. “Most favoured nation treatment in commercial services” means treatment not less favourable than the treatment Vietnam accords to services and service providers of any one country in comparison to the equivalent services and service providers of third countries.
3. “Most favoured nation treatment in investment” means treatment not less favourable than the treatment Vietnam accords to investment and investors of any one country in comparison to investment and investors of third countries in similar conditions.
4. “Most favoured nation treatment in intellectual property rights” means treatment not less favourable than the treatment Vietnam accords to establishing, protecting and enforcing intellectual property rights and the benefits from such rights of organizations and individuals of any one country in comparison to organizations and individuals of third countries.
5. “National treatment in commercial goods” means treatment not less favourable than the treatment Vietnam accords to imported goods in comparison to similar domestic goods.
6. “National treatment in commercial services” means treatment not less favourable than the treatment Vietnam accords to foreign services and service providers in comparison to similar domestic services and service providers.
7. “National treatment in investment” means treatment not less favourable than the treatment Vietnam accords to foreign investment and foreign investors in comparison to domestic investment and domestic investors in similar conditions.
8. “National treatment in intellectual property rights” means treatment not less favourable than the treatment Vietnam accords to the creation, protection and enforcement of intellectual property rights and the benefits from such rights of foreign organizations and individuals in comparison to domestic organizations and individuals.
Article 4. Principles applicable to most favoured nation treatment and national treatment
The State of Vietnam shall apply most favoured nation treatment and national treatment in international commerce on the basis of equality, reciprocity and mutual benefit.
