Postal and telecommunications services

5

(b) Delivery services (CPC 7512)

Vietnam only has regulations for delivery services (CPC 7512**): Unlimited

* Courier service[ 1] , mean that  services include collection, distribution, transportation and delivery domestically or internationally:

(a) Information in the form of text[ 2] , expressed in any physical form, including:

– Hybrid mail service;

– Direct advertising information (direct mail).

Except for the handling of the consignments is the information below text format has lower service charges 10 times the cost of a standard letter deposited in water at the first mass scale 9 International US Dollars; with the total block condition The quantity of these items is not more than 2000 grams.

(b) Sues[ 3] and other goods.

* Handling non-addressed items.

Services and service suppilers of the Members will be given the treatment no less favorable than the treatment accorded to Vietnam Post or its  subsidiaries of Vietnam Post for competitive activities.

2. EVFTA:

Eppendix 8-B: Postal services (CPC7511** and 7512**) (Except for public services  and private services) are unrestricted.

Services and service providers of the Members will be given the treatment no less favorable than the treatment accorded to Vietnam Post or its subsidiaries of Vietnam Post for competitive activities.

– Postal Law of the year 2010.

– Decree No 47/2011/ND-CP date June 17, 2011 by Chinh Government detailed regulations do some content of the Postal Law.

1. Telecommunication services  basic

(a)  Voice services (CPC 7521)

(b)  Packet-switched data transmission service (CPC 7523**)

(c)  Channel-switched data transmission service (CPC 7523**)

(d)  Telex service (CPC 7523**)

(e)  Telegraph service (CPC 7523**)

(f)   Facsimile service (CPC 7521** + 7529**)

(g)  Private Channel rental service (CPC 7522** + 7523**)

(o*) Other services:

– Conference television service (CPC .) 75292):

– Video Signal transmission service except transmission promote[ 4]

– Radio communication service, including: Mobile phone service (including terrestrial and satellite mobile); Moblie data services (including terrestrial and satellite mobile); Messaging service;  PCS service; Wireless trunking service.

– Internet connection service (IXP)[ 5]

– Virtual private network service (VPN).[ 6]

2. Value-added telecommunications services

(h)  Email (CPC 7523 **)

(i)    Voicemail (CPC 7523 **)

(j)    Online Information and access to information  from the database (CPC 7523**)

(k) Electronic data exchange (EDI) (CPC 7523**)

(l) Value-added facsimile services, including storage and transfer, storage and recovery (CPC .) 7523**)

(m)             Code conversion and protocol

(n)  Online Information and data processing (including including transaction processing) (CPC 843**)

(o)           Access service Internet Access (IAS)[ 7] .

The following commitments are consistent with the “Notice about the introduction of commitments on basic telecommunications services” (S/GBT/W/2/REV.1) and “Notice of Restricted Market Access related to spectrum availability” (S/GBT/W/3). To serve these commitments, a “non-network service provider” means that the provider does not own the transmission capacity but leases the capacity from the operator, which owns the capacity including undersea fiber capacity, including on a long-term basis. A provider without network infrastructure is allowed to own telecommunications equipment within its premises and at authorized public service points (POP).

1.1.  WTO, VKFTA, VJEPA:

For basic telecommunications service: Unlimited, except

–  Services without network infrxastructure: Allows joint ventures and freedom to choose partners. The foreign capital contribution in the joint venture must not exceed 65% of the legal capital of the joint venture.

–  Services with network infrastructure : Allows joint venture with licensed telecommunications service providers in Vietnam. The foreign capital contribution in the joint venture must not exceed 49% of the legal capital of the joint venture.

51% are in control of management joint venture.

In the telecommunications industry, foreign investors  participating in business cooperation contracts (BCC) will be able to renew their existing agreements or switch to another form of presence with conditions no less favorable than those currently enjoyed.

 For virtual private network service (VPN) : Unlimited, except

–  Services without network infrastructure : Allows joint ventures and freedom to choose partners. The foreign capital contribution in the joint venture must not exceed 70% of the legal cappital of the joint venture.

–  Service with network infrastructure: Allows joint ventures with licensed telecommunications service providers in Vietnam. The foreign capital contribution in the joint venture must not exceed 49% of the legal capital of the joint venture.

For value-added services : Unlimited , except:

–  Services without network infrastructure : Business cooperation or joint venture contracts are allowed. The foreign capital contribution in the joint venture must not exceed 65% of the legal capital of the joint venture.

Service with network infrastructure : Business cooperation contracts or joint ventures with licensed telecommunications service providers in Vietnam are allowed. The foreign capital contribution in the joint venture must not exceed 50% of the legal capital of the joint venture.

51% are in control of management joint venture.

In the telecommunications industry, foreign investors participating in business cooperation contracts (BCC) will be able to renew their existing agreement or switch to another form of presence with conditions no less favorable than those of the existing ones conditions their are entitled to.

1.2. AFAS

For basic telecommunications services: Unlimited, except:

– Services without network infrastructure: Allows to joint ventures and freedom to choose partners. The foreign capital contribution in the joint venture must not exceed 70% of the legal capital of the joint venture. 5 years from the date of entry into force of the Agreement, the limit on capital contribution is raised 75%.

– Service with network infrastructure : Business cooperation contracts or joint ventures with licensed telecommunications service providers in Vietnam are allowed. The foreign capital contribution in the joint venture must not exceed 49% of the legal capital of the joint venture.

51% are in control of management joint venture.

In the telecommunications industry, foreign investors participating in business cooperation contracts (BCC) will be able to renew their existing agreement or switch to another form of presence with conditions no less favorable than those of the existing ones conditions their are entitled to.

 For a virtual private network service (VPN) : Unlimit, except:

– Services without network infrastructure: Allows to joint ventures and freedom to choose partners. The foreign capital contribution in the joint venture must not exceed 70% of the legal capital of the joint venture.

– Service with network infrastructure : Business cooperation contracts or joint ventures with licensed telecommunications service providers in Vietnam are allowed. The foreign capital contribution in the joint venture must not exceed 49% of the legal capital of the joint venture.

For value-added services : Unlimited , except:

–  Services without network infrastructure : Business cooperation or joint venture contracts are allowed. The foreign capital contribution in the joint venture must not exceed 70% of the legal capital of the joint venture.

– Service with network infrastructure : Business cooperation contracts or joint ventures with licensed telecommunications service providers in Vietnam are allowed. The foreign capital contribution in the joint venture must not exceed 50% of the legal capital of the joint venture.

51% are in control of management joint venture.

In the telecommunications industry, foreign investors participating in business cooperation contracts (BCC) will be able to renew their existing agreement or switch to another form of presence with conditions no less favorable than those of the existing ones conditions their are entitled to.

1.3. EVFTA:

For basic telecommunications services: Unlimit, except:

– Services without network infrastructure: Allows to joint ventures and freedom to choose partners. The foreign capital contribution in the joint venture must not exceed 65% of the legal capital of the joint venture. 5 years from the date of entry into force of the Agreement, the limit on capital contribution is raised 75%.

– Service with network infrastructure : Business cooperation contracts or joint ventures with licensed telecommunications service providers in Vietnam are allowed. The foreign capital contribution in the joint venture must not exceed 49% of the legal capital of the joint venture.

51% are in control of management joint venture.

In the telecommunications industry, foreign investors participating in business cooperation contracts (BCC) will be able to renew their existing agreement or switch to another form of presence with conditions no less favorable than those of the existing ones conditions their are entitled to.

For a virtual private network service (VPN) : Unlimit, except:

– Services without network infrastructure: Allows to joint ventures and freedom to choose partners. The foreign capital contribution in the joint venture must not exceed 70% of the legal capital of the joint venture. 5 years from the date of entry into force of the Agreement, the limit on capital contribution is raised 75%.

– Service with network infrastructure : Business cooperation contracts or joint ventures with licensed telecommunications service providers in Vietnam are allowed. The foreign capital contribution in the joint venture must not exceed 49% of the legal capital of the joint venture.

For value-added services : Unlimited , except:

–  Services without network infrastructure : Business cooperation or joint venture contracts are allowed. The foreign capital contribution in the joint venture must not exceed 65% of the legal capital of the joint venture. 5 years from the date of entry into force of the Agreement, the limit on capital contribution is raised 100%.

– Service with network infrastructure : Business cooperation contracts or joint ventures with licensed telecommunications service providers in Vietnam are allowed. The foreign capital contribution in the joint venture must not exceed 50% of the legal capital of the joint venture. 5 years from the date of entry into force of the Agreement, the limit on capital contribution is raised 65%.

51% are in control of management joint venture.

In the telecommunications industry, foreign investors participating in business cooperation contracts (BCC) will be able to renew their existing agreement or switch to another form of presence with conditions no less favorable than those of the existing ones conditions their are entitled to.

2. CPTPP:

a) Appendix NCM I-VN-7 Telecommunication services: Basic Services, Value-Added Services

Cross-border services

–  Satellite telecommunications services: Foreign service providers are not allowed to provide satellite telecommunication service unless the service is provided through a commercial agreement with a satellite telecommunications service provider Vietnam international satellite communication is granted license, except for satellite telecommunications services offer to business customers at sea, government agencies, network infrastructure service providers, radio stations radio and television, representative offices official representatives of international organizations, diplomatic and consular missions, the software development zone and high-tech zones and multinational companies[ 8] have been license to use satellite earth stations.

Invest:

–  Services without network infrastructure [ 9] :

+ Basic and added value service: Foreign investment is not allowed to provide services without network infrastructure unless through a joint venture or purchase of shares of a Vietnamese enterprise, with capital contribution from thr foreign party does not exceed 65%, or 70% in the case of a virtual private network. After no more than 5 years from the date of the Agreement TPP come into force , Vietnam will remove retrictions on the rate of foreign capital contribution and joint ven ture requirements.

– Services with network infrastructure :

+ Basic services : foreign investment is not allowed to provide services with network infrastructure except through joint ventures or buying shares of licensed Vietnamese enterprises with foreign capital contribution does not exceed 49%.

+ Value-added services: foreign investment is not allowed to provide services with network infrastructure except through joint ventures or buying shares of licensed Vietnamese enterprises, with foreign capital contribution outside does not exceed 51%. After no more than 5 years from the date of entry into force of the  TPP Agreement, Vietnam will raise the limit on foreign capital contribution to 65%.

Foreign service providers are allowed to own up to 100% of the undersea fiber optic cable transmission capacity ashore at the licensed undersea fiber optic cable station in Vietnam and can sell that capacity to any licensed telecommunications network operator license in Vietnam, including internet service providers in Vietnam.

b) Appendix NCM II-VN-13: Telecommunication servicesh

Vietnam reserves the right to adopt and maintain any measure relating to investment, construction, operation and exploitation of telecommunication networks and services serving ethnic minorities in rural and remote areas in Vietnam.

3. Law of Vietnam

a)  Foreign investors are allowed to invest under form of joint venture, business cooperation contract to provide basic telecommunications services. Particularly for level of telecommunications service with network infrastructure, the Vietnamese partner must be a telecommunications enterprise that has been granted a license to establish a telecommunications network in Vietnam.

b)  An organization or individual that already owns more than 20% of the charter capital or shares in a  telecommunications enterprise may not own more than 20% of the charter capital or shares of another telecommunications enterprise doing business in the same telecommunications service market on the List of telecommunications services prescribed by the Ministry of Information and Communications.

Conditions on legal capital and investment commitment are specified in Articles 19, 20 and 21 Nghi determined number 25/2011/ND-CP.

–    WTO, AFAS, VJEPA, VKFTA, EVFTA, CPTPP

–    Law on Information Security network in 2015

–    Telecommunications Law Year  2009

–    Decree No 25/2011/ND-CP date April 6, 2011 by Chinh detailed regulations and implementation guide one Article number of the Law on Fares pine.

Decree No 81/2016/ND-CP date July 1, 2016 belong to Main Government on amendments and supplements Some Articles of the Decree Decree No. 25/2011/ND-CP April 6, year 2011 by the Government detailing and direction implementation of a number of Articles of the Telecommunications Law