Logistics services

Logistics services

 

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INDUSTRY, SUB-SECTOR CONDITIONS RESTRICTING MARKET ACCESS LEGAL GROUNDS
42 Logistics services  

 

42.1 Container handling services, excluding services Delivered at airports (part CPC 7411) under Support Services all modes of transportation load. Regulations in Vietnamese Agreements and Laws

 

Container handling services, excluding services provided at airports (part of CPC 7411) under Services to support all modes of transport: Allowed to provide services through a joint venture with a Vietnamese partner, in which the rate of capital contribution of foreign side does not exceed 50%

Particularly for VJEPA, VKFTA, and EVFTA, there are additional regulations: Some areas can be reserved to provide public services or apply licensing procedures in these areas.

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

– Decree No. 163/2017/ND-CP dated December 30, 2017 regulating business in logistics services

– Decree No. 37/2017/ND-CP dated April 4, 2017 on conditions for seaport operation business

– Decree No. 147/2018/ND-CP dated October 24, 2018 amending and supplementing some thing of the Decrees regulations on business conditions business in the maritime industry.

42.2 Customs clearance agent service

(including customs clearance service)

1. Provisions in the Agreements

Customs clearance services” (or “customs brokerage services”)[1]: establishment of joint ventures without limitation of the party foreign.

 

2. Law of Vietnam

In case of trading in customs clearance services belonging to maritime transport support services, they may establish an enterprise or contribute capital, purchase shares or contributed capital in an enterprise, including capital contributed by domestic investors. Foreign investors are allowed to establish a commercial presence in Vietnam in the form of a business cooperation contract.

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

– Nghị định số 163/2017/NĐ-CP

ngày 30/12/2017 của Chính phủ quy định về kinh doanh dịch vụ logistics

42.3 Other services, including the following: Bill of lading checking, freight brokerage services, cargo inspection, sampling and weighing services; receiving and accepting services; transport document preparation services (Part CPC 749) Regulations in Vietnamese Agreements and Laws

Allows the establishment of joint ventures without limitation of foreign ownership.

Particularly AFAS, EVFTA: unlimited

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

– Decree No 163/2017/ND-CP

December 30, 2017 of the government regulations on business Business services logistics

42.4 Multimodal transport service Law of Vietnam

a) Vietnamese enterprises, cooperatives and foreign enterprises investing in Vietnam may only conduct international multimodal transport business after obtaining an international multimodal transport business license on the basis of fully satisfying the following conditions: the following conditions:Maintain assets of at least SDR 80,000 or have an equivalent guarantee or have an alternative financing option as required by law (SDR is an international currency unit issued by the International Monetary Fund).

 

b) Enterprises of countries that are members of the ASEAN Framework Agreement on Multimodal Transport or are enterprises of a country that has signed an international treaty with Vietnam on multimodal transport may only do multimodal transport business. International multimodal transport business license of Vietnam on the basis of fully satisfying the following conditions:

– Having a certificate of actual international multimodal transport business registration or an equivalent document issued by a competent authority of that country;

– Have professional liability insurance for multimodal transport or equivalent guarantee.

– Decree No. 144/2018/ND-CP dated October 16, 2018 of the Government amending and supplementing Decrees on multimodal transport.

– Decree No. 87/2009/ND-CP

October 19, 2009 of the Government on multimodal transport.

[1] activities that include performing customs formalities on behalf of another party in connection with the export, import or transit of goods, whether the service is the main activity or merely an ordinary supplement to the service provider’s primary activities.