Construction, operation and management of river ports, seaports and airports

1. EVFTA: Appendix 8-C (Vietnam’s exception to national treatment): Vietnam may adopt or maintain any measure relating to the operation of an enterprise as defined in points 1(e) and 1(m) of Article 8.2 (Definitions) that is inconsistent with paragraph 1(e) and 1(m) of Article 8.2 (Definitions). 2 Article 8.5 (National Treatment), provided that such measure is not inconsistent with the commitments set out in Annex 8-B (Vietnam’s Schedule of Specific Commitments) with respect to river port operations and management, seaport and airport.

2. CPTPP: Appendix NCM II-VN-9: Construction, operation and management of river ports, seaports and airports.

Vietnam reserves the right to adopt and maintain any measure relating to the construction, operation and management of river ports, seaports and airports.

This reservation shall not be used to nullify the obligations set forth in Appendix I.

3. Law of Vietnam

The following projects fall under the authority of the Prime Minister to approve investment policies:

– New construction investment projects: airports, airfields; runways of airports and airfields; passenger terminals of international airports; cargo terminals of airports or airfields with a capacity of 01 million tons/year or more;

– New investment project for passenger transport business by air;

– New construction investment projects: wharves, port areas belonging to special seaports; wharves and port areas with an investment capital of 2,300 billion VND or more belong to class I seaports.

– EVFTA, CPTPP

– Investment Law 2020.

-Decree No. 05/2021/ND-CP dated January 25, 2021 of the Government on management and operation of airports and airfields.

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