US-VIETNAM BILATERAL TRADE AGREEMENT

AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND THE SOCIALIST REPUBLIC OF VIETNAM

ON TRADE RELATIONS

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The Government of the United States of America and the Government of the Socialist Republic of Vietnam (hereinafter referred to collectively as "Parties" and individually as "Party"),

Desiring to establish and develop mutually beneficial and equitable economic and trade relations on the basis of mutual respect for their respective independence and sovereignty;

Acknowledging that the adoption of and compliance with international trade norms and standards by the Parties will aid the development of mutually beneficial trade relations, and should be the underlying basis of those relations;

Noting that Vietnam is a developing country at a low level of development, is in the process of economic transition and is taking steps to integrate into the regional and world economy by, inter alia, joining the Association of Southeast Asian Nations (ASEAN), the ASEAN Free Trade Area (AFTA), and the Asia Pacific Economic Cooperation forum (APEC), and working toward membership in the World Trade Organization (WTO);

Having agreed that economic and trade ties and intellectual property rights protection are an important and necessary element in the strengthening of their bilateral relations; and

Being convinced that an agreement on trade relations between the Parties will best serve their mutual interests, have agreed as follows:

CHAPTER I

TRADE IN GOODS

Article 1

Most Favored Nation (Normal Trade Relations) (1)

1. Each Party shall accord immediately and unconditionally to products originating in or exported to the territory of the other Party treatment no less favorable than that accorded to like products originating in or exported to the territory of any third country in all matters relating to:

customs duties and charges of any kind imposed on or in connection with importation or exportation, including the method of levying such duties and charges;
B. methods of payment for imports and exports, and the international transfer of such payments;

C. rules and formalities in connection with importation and exportation, including those relating to customs clearance, transit, warehouses and transshipment;

D. taxes and other internal charges of any kind applied directly or indirectly to imported products;

E. laws, regulations and other requirements affecting the sale, offering for sale, purchase, transportation, distribution, storage and use of products in the domestic market; and

F. the application of quantitative restrictions and the granting of licenses.

2. The provisions of paragraph 1 of this Article shall not apply to action by a Party which is consistent with such Party's obligations under the World Trade Organization and the agreements administered thereby. A Party shall nonetheless extend to the products originating in the territory of the other Party most-favored nation treatment in respect of any tariff reductions resulting from multilateral negotiations under the auspices of the World Trade Organization provided such Party accords such benefits to all other WTO members.

3. The provisions of paragraph 1 of this Article shall not apply to:

advantages accorded by either Party by virtue of such Party's full membership in a customs union or free trade area, and
advantages accorded to third countries for the facilitation of frontier traffic.
4. The provisions of sub-paragraph 1.F of this Article shall not apply to trade in textiles and textile products.

Article 2

National Treatment

1. Each Party shall administer tariff and nontariff measures affecting trade in a manner which affords meaningful competitive opportunities for products of the other Party with respect to domestic competitors.
2. Accordingly, neither Party shall impose, directly or indirectly, on the products of the other Party imported into its territory, internal taxes or charges of any kind in excess of those applied, directly or indirectly, to like domestic products.

Each Party shall accord to products originating in the territory of the other Party treatment no less favorable than that accorded to like domestic products in respect of all laws, regulations and other requirements affecting their internal sale, offering for sale, purchase, transportation, distribution, storage or use.

In addition to the obligations of paragraphs 2 and 3 of this Article, the charges and measures described in paragraphs 2 and 3 of this Article shall not otherwise be applied to imported or domestic products so as to afford protection to domestic production.

The obligations of paragraphs 2, 3 and 4 of this Article shall be subject to the exceptions set forth in Article III of GATT 1994 and Annex A to this Agreement.

Consistent with the provisions of GATT 1994, the Parties shall ensure that technical regulations and standards are not prepared, adopted or applied with a view to creating obstacles to international trade or to protect domestic production. Furthermore, each Party shall accord products imported from the territory of the other Party treatment no less favorable than the better of the treatment accorded to like domestic products or like products originating in any third country in relation to such technical regulations or standards, including conformity testing and certification. Accordingly, the Parties shall:
A. ensure that any sanitary or phytosanitary measure which is not inconsistent with the provisions of the GATT 1994, is applied only to the extent necessary to protect human, animal or plant life or health, is based on scientific principles and is not maintained without sufficient evidence (i.e., a risk assessment), taking into account the availability of relevant scientific information and regional conditions, such as pest free zones;

B. ensure that technical regulations are not prepared, adopted or applied with a view to or with the effect of creating unnecessary obstacles to international trade. For this purpose, technical regulations shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking into account the risks non- fulfillment would create. Such legitimate objectives include national security requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the environment. In assessing such risks, relevant elements of consideration include available scientific and technical information, related processing technology or intended end- uses of products.

7. Upon the entry into force of this Agreement, each Party shall grant trading rights to the nationals and companies of the other Party. With respect to Vietnam, such trading rights shall be granted in accordance with the following schedule:

Upon entry into force of this Agreement, all domestic enterprises shall be allowed to engage in trading activities in all products, subject to restrictions listed in Annexes B and C.
B. Upon entry into force of this Agreement, enterprises with capital directly invested by U.S. nationals and companies shall be allowed, subject to the restrictions in Annexes B and C, to import goods and products to be used in, or in connection with their production or export activities whether or not such imports are specifically identified in their initial investment license.

C. Three years after entry into force of this Agreement, enterprises with capital directly invested by U.S. nationals and companies, in production and manufacturing sectors, shall be allowed to engage in trading activities, subject to the restrictions listed in Annexes B, C and D, and provided such enterprises are (i) engaged in substantial business activities in the production and manufacturing sectors; and (ii) are lawfully operating in Vietnam.

D. Three years after entry into force of this Agreement, U.S. nationals and companies shall be allowed to enter into joint ventures with Vietnamese counterparts to engage in trading activities in all products, subject to restrictions listed in Annexes B, C and D. Equity contributed by U.S. companies shall not exceed 49% of such joint ventures' legal capital. Three years thereafter, this limitation on U.S. ownership shall be 51%.

E. Seven years after entry into force of this Agreement, U.S. companies shall be allowed to establish 100% U.S.- owned companies to engage in trading activities in all products, subject to restrictions listed in Annexes B, C and D.

8. If a Party has not acceded to the International Convention on the Harmonized Commodity Description and Coding System, it will undertake every reasonable effort to do so as soon as possible, but no later than one year after the entry into force of this Agreement.

Article 3

General Obligations with Respect to Trade

1. The Parties shall seek to achieve a satisfactory balance of market access opportunities through the satisfactory reciprocation of reductions in tariffs and nontariff barriers to trade in goods resulting from multilateral negotiations.

2. The Parties shall except as specifically provided in Annexes B and C to this Agreement, eliminate all import and export restrictions, quotas, licensing requirements, and controls for all product and service categories, other than those that would be permitted by GATT 1994.

3. The Parties shall, within two years of the entry into force of this Agreement, limit all fees and charges of whatever character (other than import and export duties and other taxes within the purview of Article 2 of this Chapter) imposed on or in connection with importation or exportation to an amount approximate to the cost of services rendered, and ensure that such fees and charges do not represent an indirect protection to domestic products or a taxation of imports or exports for fiscal purposes;

4. The Parties shall, within two years of the entry into force of this Agreement, adopt a system of customs valuation based on the transaction value of the imported merchandise on which duty is assessed, or of like merchandise, rather than on the value of merchandise of national origin or on arbitrary or fictitious values, with the transaction value being the price actually paid or payable for the goods when sold for export to the country of importation in accordance with the standards established in the Agreement on Implementation of Article VII of the GATT 1994; and

5. Within two years of entry into force of this Agreement, the Parties shall ensure that the fees and charges referred to in paragraph 3 of this Article and the customs valuation system referred to in paragraph 4 of this Article are imposed or implemented uniformly and consistently throughout each Party's customs territory.

6. In addition to the obligations set forth in Article 1, Vietnam shall provide tariff treatment to products originating in the customs territory of the United States in accordance with the provisions of Annex E.

7. Neither Party shall require its nationals or companies to engage in barter or countertrade transactions with nationals or companies of the other Party. Nevertheless, where nationals or companies decide to resort to barter or countertrade operations, the Parties may furnish them information to facilitate the transaction and assist them as they would with respect to other export and import operations.

8. The United States shall consider Vietnam's eligibility for the Generalized System of Preferences.

Article 4

Expansion and Promotion of Trade

Each Party shall encourage and facilitate the holding of trade promotional events such as trade fairs, exhibitions, missions and seminars in its territory and in the territory of the other Party. Similarly, each Party shall encourage and facilitate the participation of its respective nationals and companies in such events. Subject to the laws in force within their respective territories, the Parties agree to allow the import and re-export on a duty free basis of all articles for use in such events, provided that such articles are not sold or otherwise transferred.

Article 5

Government Commercial Offices

1. Subject to its laws and regulations governing foreign missions, each Party shall allow government commercial offices of the other Party to hire host-country nationals and, subject to immigration laws and procedures, third-country nationals.

2. Each Party shall ensure unhindered access of host-country nationals to government commercial offices of the other Party.

3. Each Party shall allow the participation of its nationals and companies in the commercial activities of the other Party's government commercial offices.

4. Each Party shall allow access by government commercial office personnel of the other Party to the relevant host-country officials, and to representatives of nationals and companies of the host Party.

Article 6

Emergency Action on Imports

1. The Parties agree to consult promptly at the request of either Party whenever either actual or prospective imports of products originating in the territory of the other Party cause or threaten to cause or significantly contribute to market disruption. Market disruption exists within a domestic industry whenever imports of an article, like or directly competitive with an article produced by such domestic industry, are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat thereof, to such domestic industry. The consultations provided in this paragraph shall have the objectives of (a) presenting and examining the factors relating to such imports that may be causing or threatening to cause or significantly contributing to market disruption, and (b) finding means of preventing or remedying such market disruption. Such consultations shall be concluded within sixty days from the date of the request for such consultations, unless the Parties agree otherwise.

2. Unless a different solution is mutually agreed upon during the consultations, the importing Party may (a) impose quantitative import limitations, tariff measures or any other restrictions or measures it deems appropriate, and for such period of time it deems necessary, to prevent or remedy threatened or actual market disruption, and (b) take appropriate measures to ensure that imports from the territory of the other Party comply with such quantitative limitations or other restrictions introduced in connection with market disruption. In this event, the other Party shall be free to deviate from its obligations under this Agreement with respect to substantially equivalent trade.

3. Where in the judgment of the importing Party, emergency action is necessary to prevent or remedy such market disruption, the importing Party may take such action at any time without prior notice or consultation, on the condition that consultations shall be effected immediately after taking such action.

4. The Parties acknowledge that the elaboration of the market disruption safeguard provisions in this Article is without prejudice to the right of either Party to apply its laws and regulations applicable to trade in textiles and textile products, and its laws and regulations applicable to unfair trade, including antidumping and countervailing duty laws.

Article 7

Commercial Disputes

For the purposes of Chapter I of this Agreement:

1. Nationals and companies of either Party shall be accorded national treatment with respect to access to all competent courts and administrative bodies in the territory of the other Party, as plaintiffs, defendants or otherwise. They shall not be entitled to claim or enjoy immunity from suit or execution of judgment, proceedings for the recognition and enforcement of arbitral awards, or other liability in the territory of the other Party with respect to commercial transactions. They also shall not claim or enjoy immunities from taxation with respect to commercial transactions, except as may be provided in other bilateral agreements.

2. The Parties encourage the adoption of arbitration for the settlement of disputes arising out of commercial transactions concluded between nationals or companies of the United States of America and nationals or companies of the Socialist Republic of Vietnam. Such arbitration may be provided for by agreements in contracts between such nationals and companies, or in separate written agreements between them.

3. The parties to such transactions may provide for arbitration under any internationally recognized arbitration rules, including the UNCITRAL Rules of December 15, 1976, and any modifications thereto, in which case the parties should designate an Appointing Authority under said rules in a country other than the United States of America or the Socialist Republic of Vietnam.

4. The parties to the dispute, unless otherwise agreed between them, should specify as the place of arbitration a country other than the United States of America or the Socialist Republic of Vietnam, that is a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, June 10, 1958.

5. Nothing in this Article shall be construed to prevent, and the Parties shall not prohibit, the parties from agreeing upon any other form of arbitration or on the law to be applied in such arbitration, or other form of dispute settlement which they mutually prefer and agree best suits their particular needs.

6. Each Party shall ensure that an effective means exists within its territory for the recognition and enforcement of arbitral awards.

Article 8

State Trading

1. The parties may establish or maintain a state enterprise, or grant to any enterprise, formally or in effect, exclusive or special privileges, to import and export the products listed in Annex C, provided however, that any such enterprise shall, in its purchases or sales involving either imports or exports, act in a manner consistent with the general principles of non-discriminatory treatment prescribed in this Agreement for governmental measures affecting imports or exports by private traders.

2. The provisions of paragraph 1 of this Article shall be understood to require that such enterprises shall, having due regard to the other provisions of this Agreement, make any such purchases or sales solely in accordance with commercial considerations, including price, quality, availability, marketability, transportation and other conditions of purchase or sale, and shall afford the enterprises of the other Party adequate opportunity, in accordance with customary business practice, to compete for participation in such purchases or sales.

3. The provisions of paragraph 1 of this Article shall not apply to imports of products for immediate or ultimate consumption in government use and not otherwise for resale or use in the production of goods for sale. With respect to such imports, each Party shall accord to the trade of the other Party fair and equitable treatment.

Article 9

Definitions

As used in this Chapter, the terms set forth below shall have the following meaning:

1. "company," means any entity constituted or organized under applicable law, whether or not for profit, and whether privately or governmentally owned or controlled, and includes a corporation, trust, partnership, sole proprietorship, branch, joint venture, association, or other organization.

2. "enterprise," means a company.

3. "national," means a natural person who is a national of a Party under its applicable law.

4. "commercial dispute," means a dispute between parties to a commercial transaction which arises out of that transaction.

5. "trading rights," means the right to engage in import or export activities.

ANNEX A

VIETNAM

Exceptions on National Treatment

The provisions of Chapter I, Article 2 are not applied to the following:

1. Special consumption tax on vehicles under 12 seats, inputs of production of cigarettes, and cigars.

2. Supplemental tax on fuels, metals and fertilizers.

The aforementioned exceptions in this Annex (paragraphs 1 and 2) will be eliminated within 3 years from the entry into force of this Agreement.

ANNEX B

VIETNAM

*Note: Phase-out period in Annex B shall be calculated from date of entry into force of this Agreement

Annex B1 - Import Quantitative Restrictions - Agricultural Products

HS Number Description Phase-Out Period (yrs.)*

0201 Meat of bovine animals, fresh/chilled 4

0207 Poultry meat & offals.- frsh/chilled/fz 5

0401 Milk - fresh milk... 4

0402 Condensed milk or cream 4

0403 Buttermilk, yogurt, kephir and other fermented or acidified milk 4

0404 Whey, concentrated or containing added sugar... 4

0805 Citrus fruits: fresh or dried 4

1005.10.90 - Other (corn) 4
1005.90.00 - Other 4
1103.13.00 - Of corn 4
1104.19.10 - Corn 4
1104.23.00 - Of corn 4

1507 Soybean oil and its fractions, whether or not refined, but not chemically modified
1507.90.10 - refined 4
1507.90.90 - other 4
1508 Ground nut oil and its fractions, whether or not refined, but not chemically modified
1508.90.10 - refined 4
1508.90.90 - other 4

1509 Olive oil and its fractions, whether or not refined, but not chemically modified
1509.90.10 - refined 4
1509.90. 90 - other 4

1510.00 Other oils and their fractions, obtained solely from olives, whether or not refined..
1510.00.91 - refined 4
1510.00.99 - other 4

1511 Palm oil and its fractions, whether or not refined, but not chemically modified
1511.90.90 - other 4

1512 Sunflower, safflower or cotton seed oil and fractions thereof, whether or not refined but not chemically modified
1512.19.10 - refined 4
1512.19.90 - other 4
1512.29.10 - refined 4
1512.29.90 - other 4

1513 Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined but not chemically modified
1513.19.10 - refined 4
1513.19.90 - other 4
1513.29.10 - refined 4
1513.29.90 - other 4

1514 Rape, colza or mustard oil and ...
1514.90.10 - refined 4
1514.90.90 - other 4

1515 Other fixed vegetable fats and oils...
1515.19.00 - other 4
1515.29.90 - other 4
1515.30.90 - other 4
1515.40.90 - other 4
1515.50.90 - other 4
1515.60.90 - other 4
1515.90.12 - other 4
1515.90.99 - other 4

1516 Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified...
1516.20.00 - vegetable fats and oils and fractions 4

1601 Sausages and similar products, of meat, meat offal or blood... 3

1602 Other prepared and preserved meat... 3

1701.11.00 - cane-sugar 10
1701.12.00 - beet sugar 10
1701.91.00 - containing added flavoring or coloring matter 10
1701.99.10 - white sugar 10
1701.99.90 - other 10

2006 Vegetables, fruit, nuts, fruit and other parts of plants, pr/pr by sugar 5

2007 Jams, fruit jellies, marmalades, fruit or nut puree... 3

2009 Fruit juices (including grape must) and vegetable juices...
- orange juices
2009.11.00 - frozen 5
2009.19.00 - other 5
2009.20.00 - grapefruit juice 3
2009.30.00 - juice of any other single citrus fruit 5
2009.40.00 - pineapple juice 5
2009.50.00 - tomatoes juice 5
2009.60.00 - grape juice (including grape must) 3
2009.70.00 - apple juice 3
2009.80.00 - juice of any other single fruit/vegetable 5
2009.90.00 - mixtures of juices 5

2101 Extracts, essences and concentrates, of coffee, tea...
2101.11.10 - Instant coffee 4
2101.11.90 - Other 4
2101.12.00 - Preparations with a basic of extracts, essences or concentrates or with a basic of coffee 4

2204 Wine or fresh grapes, including fortified wines; grape must other than that of heading No. 2009 5

2205 Vermouth and other wine of fresh grapes flavored with plants or aromatics substances 5

2206 Other fermented beverages 5

2207 Undenatured ethyl alcohol > 80% 5

2208 Undenatured ethyl alcohol < 80% 5

2309 Preparations of a kind used in animal feeding
2309.90.10 - Shrimp food 4
2309.90.90 - Other 4

Annex B1 - Import Quantitative Restrictions - Industrial Products
HS Number Description Phase-Out Period (yrs) *
25231000 --Cement clinkers 6
25232100 --White portland cement whthr or nt art colored 6
25232910 --Portland cement except white portland cement 6
25232920 --Portland cement except white portland cement 6
27072000 --Toluene 7
27101100 --Aviation spirit 7
27101200 -White spirit (for producing paints) 7
27101900 -Other petroleum oils and oil preparations 7
27102000 -Diesel 7
27103000 -Mazout 7
27104000 --Other light oils & preparation 7
27105000 --Other medium oils & preparations 7
27106000 -Other medium oils &preparations 7
27107000 --Other medium oils & preparations 7
27109000 --Petroleum oils and oil preparations, other 7
27111100 --Natural gas, liquified 7
27111200 --Propane, liquefied 7
27111300 --Butanes, liquefied 7
27111400 --Ethylene, propylene, butylene and butadiene liquified 7
27111900 --Petroleum gases etc., liquified, nesoi 7
28061000 --Hydrogen chloride (hydrochloric acid) 3
28070000 --Sulfuric acid; oleum 3
28092010 --Phosphoric acid and polyphosphoric acids 3
28141000 --Anhydrous ammonia 3
28142000 --Ammonia in aqueous solution 3
28151100 --Sodium hydroxide (caustic soda), solid 3
28151200 --Sodium hydroxide in aqueous solution 3
31051000 --Fertilizers... in packages of a gross weight =<10kg 5
31052000 --Mineral or chemical fertilizers with nitrogen, phosphorus and potassium 5
31053000 --Diammonium hydrogenorthophosphate (diammonium phosphate) 5
31054000 --Ammonium dihydrogenorthophosphate (monoammonium phosphate) 5
31055100 --Mineral or chemical fertilizers containing nitrates and phosphates 5
31055900 --Mineral or chemical fertilizers with nitrogen and phosphorus, nes 5
31056000 --Mineral or chemical fertilizers with phosphorus and potassium, nes 5
31059000 --Other fertilizers, nes 5
32081020 - Other varnishes 3
32081040 - Base paints 3
32081050 -- Other, including enamels 3
32081090 - Other 3
32082020 -- Other varnishes 3
32082040 -- Base paint 3
32082050 -- Other, including enamels 3
32082090 - Other 3
32089020 - Other varnishes 3
32089040 - Base paints 3
32089050 -- Other, including enamels 3
32089090 - Other 3
32091020 - Other varnishes 3
32091040 - Base paints 3
32091050 -- Other, including enamels 3
32091090 - Other 3
32099020 - Other varnishes 3
32099040 - Base paints 3
32099050 -- Other, including enamels 3
32099090 - Other 3
32100020 - Other varnishes 3
32100040 - Base paints 3
32100050 -- Other, including enamels 3
32100060 - Other 3
38122000 --Compound plasticizers for rubber or plastics 3
38123010 --Antioxidizing prep & oth compnd,for rubber/plastic 3
40111000 --New pneumatic tires of rubber, for motor cars 4
40112010 --New pneumatic tires of rubber, for buses or trucks 4
40112090 --New pneumatic tires of rubber, for buses or trucks 4
40114000 --New pneumatic tires, of rubber, used on motorcycle 7
40115000 --New pneumatic tires, of rubber, used on bicycles 7
40119110 --Tires with a width of 450 mm 7
40119190 - Other 7
40119910 --Tires with a width of 450 mm 7
40119990 - Other 7
40131010 --Inner tubes of rubber for mot cars, buses & trucks 7
40131090 --Inner tubes of rubber for mot cars, buses & trucks 7
40132000 --Inner tubes, of rubber, of a kind used on bicycles 7
40139010 --Inner tubes, of rubber, of a kind used on aircraft 7
40139020 --Inner tubes, of rubber, of a kind used on motorcycles 7
40139091 --Inner tubes, of rubber, for tires with a width of 450 mm 7
40139099 --Inner tubes, of rubber, for tires with a width over 450 mm 7
48010000 --Newsprint, in rolls or sheets 5
48021000 --Handmade paper and paperboard 5
48025110 --Paper, nov 10% fiber by mech pr, un40g/m2 uc 5
48025190 --Paper nesoi, nov 10% fiber by mech pr, un40g/m2 uc 5
48025210 --Paper, nov 10% fib mech pr, 40g/m2nov150g/m2 5
48025290 --Paper nesoi, nov 10% fib mech pr, 40g/m2nov150g/m2 5
48025300 --Paper nesoi, nov 10% fiber by mech pr, ov150g/m2 u 5
48026010 --Paper, over 10% (wt) fiber by mechan proc uc 5
48026090 - Other 5
48041100 --Kraftliner, uncoated unbleached in rolls or sheets 4
48041900 - Other 4
48044190 --Kraft paper nesoi, ov 150 g/m2 un 225 g/m2 uc unbl 4
48044200 --Kraft paper nesoi, ov150g/m2und225g/m2, bl, 95% wf uc 4
48044900 --Kraft paper/pprbrd unctd blchd nesoi 151-224g/m2 4
48045190 - Other 4
48045200 --Kraft pr nesoi, not un 225g/m2, bl, 95% w fib chem 4
48045900 - Other 4
48079000 - Other 4
48101110 --Paper, writ etc, nov 10% mech pr fib nov150g/m2 ct 5
48101210 --Paper/pbrd writing etc nesoi clay ctd ov 150g/m2 etc 5
48102110 --Paper, light-wgh coated writing etc over 10% mech 5
48102910 --Paper/pbrd ex lit-wgh writing etc clay ctd ov 10% mec 5
48202000 --Exercise books, of paper or paperboard 5
48235110 --Paper/pbrd for graphics nesoi prnt/embssd etc cut sz 5
48235910 --Paper & paperbd cut to size etc, for photocopy 5
50071000 --Woven fabrics of noil silk 5
50072000 --Wov fab ov 85% silk or silk waste except noil silk 5
50079000 --Woven fabrics of silk or silk waste, nesoi 5
68101910 --Tiles, flagstones etc, cement etc or artif stone 3
69049000 - Other 3
69059000 - Other 3
69071000 --Unglzd ceramic tiles, cubes etc, sides ls thn 7 cm 3
69079000 - Other 3
69081000 --Glazed ceramic tiles cubes etc fttng in sq un 7cm 3
69089000 - Other 3
69101000 --Ceramic sanitary fixtures of porcelain or china 3
69109000 --Ceramic sanitary fixtures oth thn of porcln/china 3
70031290 --Nonwrd shts cast/rld glass, colrd,opac,flshd,layrd 6
70031990 --Cast or rolled glass in nonwired sheets, nesoi 6
70042090 --Drawn/blown glass sheets colored opac flash spec layer 6
70049090 --Drawn/blown glass shts w/wo absorb/rfct lyr n oth wrkd 6
70052190 --Nonwrd glass clrd opc flshd or srfc grnd n ab/rf ly 6
70052990 --Nonwired glass nesoi in sheets 6
70169000 --Gls cons art nesoi;ld wndws;mltclr/fmd gls artcls 6
72091500 --Flt-cold-rol irn,noaly,coil,600mm wide,3mm > thick 6
72091600 --Fl-cld-rl irn, nesoi, st,coil,600mm wide,>1mm but <3mm 6
72091700 --Fl-cld-rl irn,st,coil,600mm wd,0.5mmbut n/o 1mm tk 6
72091800 --Flat-cold-rld ir,stl,coils,600mm wide,<0.5mm thick 6
72092500 --Flt-cld-rld ir,st,not coil,600mm wide,3mm or > thk 6
72092600 --Flt-cld-rld ir,st,not coil,600mm wd, >1mm <3mm thk 6
72092700 --Flt-cld-rld,not coil 600mm w,>0.5mmbut n/o 1mm thk 6
72092800 --Flt-cld-rld ir,nonal,notcoil,600mm wide,>0.5mm thk 6
72099000 --Other 6
72103010 --Flat-rld iron,nonal stl,600mm wide,elec platd zinc 6
72103090 --Other 6
7210 4110 - Of a thickness not more than 1.2 mm 6
72104190 --Other 6
72104910 --Fr ir/nas ctd/pltd w zinc nt elec nt corr 600mm om 6
72104990 - Other 6
72105000 --Fr ios na 600mm ao w ctd/pltd w cro or cr and cro 6
72106110 --Fr iron/nonalloy steel 600mm ao,pltd/ctd alum-znc 6
72106190 --Other 6
72106910 --Fr iron/nonalloy steel,600mm ao,pltd/ctd othr alum 6
72106990 --Other 6
72107000 --Fr ir/nas 600mm w om, painted, varnished, plastic 6
72109000 --Other 6
72111300 --Fr hs ios na un600mm w hr pl unvrsl mllplte 6
72111400 --Fr hs ios na un600mm w hr pl 4.75mm ao thck 6
72111900 --Oth fr hi-str st un 600mm w npld un4.75mm thck 6
72112300 --Flat-hot-rolled iron,nonalystl, <600mm wide, nesoi 6
72112900 --Other 6
72119000 --Other 6
72131010 --Bars and rods irregular coils concrete reinforcing 6
72131020 --Bars and rods irregular coils concrete reinforcing 6
72132000 --Brs rods hot-rlld irreg coils free-cuttng steel 6
72139100 --Bars,rodshot-roll,irnnoal st coil circ,<14mm nesoi 6
72139900 --Other 6
72141010 --Other bars and rods iron or nonalloy steel, forged 6
72141020 --Other 6
72142010 --Oth brs rds ios na hot-wrkd, conc reinfrcng 6
72142020 --Other 6
72143010 --Other bars and rods free-cutting steel, hot-worked 6
72143020 --Other 6
72149100 --Bars,rods,hot-rolled,-drawn,-ext,rectangular,nesoi 6
72149900 --Other 6
72151010 --Oth brs and rds free-cttng stl cold-fmd or fnshd 6
72151090 --Other 6
72155010 --Bars,rods,irn,noal,cold-formed,cold-finished,nesoi 6
72155090 --Other 6
72159010 --Bars and rods iron or nonalloy steel, nesoi 6
72159090 --Other 6
72161000 --U-i-h-sections ir/nas hot/wrkd ls thn 80mm high 6
72162100 --L sec ios na hot-wkd lss th 80mm high 6
72162200 --T sec ios na hot-wkd lss th 80mm high 6
72163110 --U sec ios na hot-wkd 80mm or more high 6
72163190 --Other 6
72163210 --I sec ios na hot-wkd 80mm ao high (standard beams) 6
72163290 --Other 6
72163310 --H sections irn/nas, hot-wrkd, 80mm hi or more 6
72163390 --Other 6
72164010 --L or t sections ir/nas hot-wrkd, 80mm hi or more 6
72164090 --Other 6
72165010 --Oth angls shps sec ios na hot-wkd 6
72165090 --Other 6
72166100 --Angls shps sec ir/nas nt frthr cld-wrkd frm fr pro 6
72166900 --Other 6
72169100 --Angls shps sec irn/nas oth cld-wrkd fr fr products 6
72169900 --Other 6
72171000 --Other 6
72172000 -Other 6
72173000 -Other 6
72179000 -Other 6
73030000 --Tubes, pipes and hollow profiles of cast iron 6
73043191 --Oth ios na ps tb hlw pfl smls cir cs cold-wrkd 6
73043991 --Oth ios na ps tb hlw pfl smls cir cs nt cld-wrkd 6
73049091 --Tubes, pipes etc, seamless nesoi, ir nesoi & steel 6
73049099 --Tubes, pipes etc, seamless nesoi, ir nesoi & steel 6
73053920 -Other pipe, ov16in iron or steel, welded nesoi 6
73063091 --Pipe etc nesoi, weld cir cr sect, iron or nonal st 6
73069091 --Pipes etc nesoi, riveted etc, of iron or steel 6
73130000 --Barbed wire and twisted wire for fencing, iron/stl 6
73141900 --Woven products iron or steel, nesoi 6
73142000 --Grill netting fencing wld ir/st wr 3mmcs 100cm2msh 6
73143100 --Oth grll nttng a fncng wldd at intrsct galvnzed st 2
73143900 --Other 2
73144100 --Oth grill, nettg fncg ios ctd/pl w zn nesoi nt wld 2
73144200 --Grill netting fencing, plastic coated ios wr nesoi 2
73144900 --Other 2
73145000 --Expanded metal, iron or steel 2
ex8407
--Engines with a capacity not exceeding 30 cv 7
ex8407
--Engines with a capacity exceeding 30 cv but not exceeding 100 cv 6
ex8408
--Engines with a capacity not exceeding 30 cv 7
ex8408
--Engines with a capacity exceeding 30 cv but not exceeding 100 cv 6
84145100 --Table, floor etc fans electric not exceed 125 w 3
84145900 --Other 3
87021000 --Mv trnsp >ten prsns com-igntn intr comb pist(disl) 5
87029000 --Other 5
87031010 --Pass veh for snow; golf carts & similar vehicles 5
87031020 --Pass veh for snow; golf carts & similar vehicles 5
87032110 --Pass mtr veh, spark ign eng, not ov 1,000 cc 5
87032120 --Pass mtr veh, spark ign eng, not ov 1,000 cc 5
87032210 --Pass mtr veh,spark ign eng, >1000cc but =<1500cc 5
87032220 --Pass mtr veh,spark ign eng, >1000cc but =<1500cc 5
87032310 --Pass veh spk-ig int com rcpr p eng >1500 nov 3m cc 5
87032320 --Pass veh spk-ig int com rcpr p eng >1500 nov 3m cc 5
87032410 --Pass veh spk-ig int com rcpr p eng > 3000 cc 5
87032420 --Pass veh spk-ig int com rcpr p eng > 3000 cc 5
87033110 --Pass mtr veh, diesel eng, not ov 1500 cc 5
87033120 --Pass mtr veh, diesel eng, not ov 1500 cc 5
87033210 --Pass veh com-ig int com eng > 1500 nov 2500 cc 5
87033220 --Pass veh com-ig int com eng > 1500 nov 2500 cc 5
87033310 --Pass veh com-ig int com eng > 2500 cc 5
87033320 --Pass veh com-ig int com eng > 2500 cc 5
87039010 --Passenger motor vehicles, nesoi 5
87039020 --Passenger motor vehicles, nesoi 5
87042100 --Trucks, nesoi, diesel eng, gvw 5 metric tons & und 5
87043100 --Mtr veh trans gds spk ig in c p eng, gvw nov 5 mtn 5
87049010 --Mtr veh of gross weight not > 5 tons 5
ex8711
--Motorcycles with an engine capacity of less than 175cv 5
87120010 --Bicycles & oth cycles (inc del tricycle) no motor 5
87120020 --Bicycles & oth cycles (inc del tricycle) no motor 5
87120090 --Bicycles & oth cycles (inc del tricycle) no motor 5
87149100 --Frames and forks, and prts for bicycles etc. 3
87149200 --Wheel rims and spokes for bicycles etc. 3
87149300 --Hubs,other than coster brakn hubs,hb brks,spk,whls 3
87149400 --Brakes, incl coaster brkng hubs,hub brks,prts,nes 3
87149500 --Saddles for bicycles etc. 3
87149600 --Pedals and crank-gear, parts of bicycles etc. 3
87149900 --Other 3
89011090 -- other (cruise ships, etc, less than 5,000 dwt) 5
89012090 -- other (tankers, less than 5,000 dwt) 5
89013090 -- other (refrig vessels, less than 5,000 dwt) 5
89019090 --other (less than 5,000dwt) 5
89020010 --Fishing vessels;factory ships & shps,ves, nesoi 5
89020090 --Other 5

Annex B2: Export Quantitative Restrictions

HS Number Description Phase-Out Period *
10063000 Semi- milled or wholly milled rice Unbound
10064000 Broken rice Unbound

Annex B3 - Prohibited Imports

1. Cigarettes (except for those as personal effects in prescribed quantity).

2. Used consumer goods (except for transferred assets including goods to service the personal requirements of individuals with diplomatic status of foreign countries, international organizations and personal effects in prescribed quantity).

Cars with right hand drive (including those in unassembled form and those with steering wheel modified prior to importation into Vietnam). As far as self-propelled special-purpose vehicles with right hand drive operating in narrow fields, such as cranes, trench and canal digging machines, garbage trucks, road sweepers, road construction trucks, airport passenger buses, and forklifts are concerned, importation is permitted and the Minister of Trade shall approve when there is demand.

Used spare parts of automobiles of all kinds, motorbikes and motor tricycles - including chassis mounted with used automobile engines of all kinds.

Used internal combustion engines with capacity of less than 30CV.

Motorcycles, scooters and motor tricycles with cylinder of 175 cc and higher. In case of importation for defense, security and professional sports, to be subject to Prime Minister's approval.

Other goods that may be within the scope of an exception set forth in Chapter I or Chapter VII of this Agreement.
Annex B4 - Export Prohibitions

1. Logs, sawn and peeled timber; firewood, charcoal from wood or firewood; wood and forest products and semi-products which are subject to export prohibitions provided for in Decision 65/1998/QD-TTg dated 24 March 1998 by Prime Minister of Vietnam.

2. Other goods that may be within the scope of an exception set forth in Chapter I or Chapter VII of this Agreement.

ANNEX C

VIETNAM

Note:

U = Unbound

* Phase-out period in Annex C shall be calculated from the date of entry into force of this Agreement

Annex C1- Imports Subject to State Trading and Phase-Out Schedule

HS Number Description Phase Out Period (yrs.)*
27101100 Aviation spirit U
27101200 White spirit (for producing paints) U
27101900 Other petroleum oils and oil preparations U
27102000 Diesel U
27103000 Mazut U
27104000 Light oils U
27105000 Medium oils U
27106000 Naptha U
27107000 Condensate U
27109000 Petroleum oils, other U
3102 Mineral or chemical fertilizers, nitrogenous 5
3103 Mineral or chemical fertilizers, phosphatic 5
3104 Mineral or chemical fertilizers, potassic 5
3105 Mineral or chemical fertilizers, other 5
3601 Propellant powders U
3602 Prepared explosives other than propellent powders U
3603 Safety fuses; detonating fuse; percussion caps etc U
3706 Motion-picture film, exposed and developed U
4901 Books, brochures & similar printed matter U
4902 Newspapers, journals & periodicals U
4903 Children's picture, drawing or coloring books U
4907 Unused postage, check forms, banknotes, stock, etc U
4909 Printed or illust post cards, greeting cards, etc. U
4910 Calendars, calendar blocks of any kind, printed U
4911 Printed matter nesoi, incl print pictures & photos U
8442 Mach etc nesoi for typeset, making pr plates etc U
8443 Print mach incl ink-jet mach ancil t prnt pt nesoi U
8524 Records, tapes & other recorded sound media etc U
8525 Trans appar for radiotele etc; tv camera & rec U
8526 Radar apparatus, radio navig aid & remote cont app U
ex85291000 Only satellite aerials for broadcasting U
ex85299000 Only aerials for equipment in 8525 adn 8526 U
9704 Postage or revenue stamps, firstday covers U

Annex C2- Exports Subject to State Trading and Phase-Out Schedule

HS Number Description Phase-Out Period *
10063000 Semi-milled or wholly-milled rice U
10064000 Broken rice U
27090010 Petroleum oils, crude U
27090090 Petroleum oils, other U
27112100 Natural gas U
27112900 Petroleum gases, other U
7102 Diamonds U
7103 Precious stones U
7104 Synthetic precious stones U
7105 Dust or powder of precious stones U
7106 Silver U
7108 Gold U

ANNEX D

VIETNAM

Annex D1- Phase-out Periods for Restrictions on Import

Trading Rights and Distribution Rights -

Agricultural Products

NOTE:

0* = No phase-out period

U = Unbound

* - For purposes of Annex D1, phase-out periods for Import Trading Rights shall begin on the date on which joint ventures are first permitted under Article 2.7.D of Chapter I of this Agreement.

** - For purposes of Annex D1, phase-out periods for Distribution Rights shall begin on the date on which joint ventures are first permitted under Annex G, section IV (Distribution Services) of this Agreement.

HS Number Description Import Trading Rights - Phase-out Period* (yrs.) Distribution Rights - Phase-out Period**
(yrs.)


0102 Live bovine animals U U
0103 Live swine U U
0105 Live Poultry (not more than 185g) U U
0106 Other live animals U U

0201 Meat of bovine animals, fresh/chilled 5 5
0202 Meat of bovine animals, frozen 3 5
0203 Meat of Swine - frsh/chilled/frzn 3 5
0206 Edible offals bovines -frsh/chilled/fz 3 5
0207 Poultry meat & offals.- frsh/chilled/fz 5 5
0209 Unrendered pig fat, free of lean meat and poultry meat... 3 5
0210 Meat and edible meat offal salted.... 3 5

0401 Milk - fresh milk... 3 5

0402 Condensed Milk or Cream 5 5

0403 Buttermilk, yogurt, keohir and other fermented or acidified milk 5 5

0404 Whey, concentrated or containing added sugar... 3 5

0805 Citrus Fruits: fresh or dried 5 5

1005 Corn 3 5
1006 Rice U U
1101 Wheat or meslin flour 5 U

1507 Soybean oil and its fractions.... 3 5

1508 Ground nut oil and its fractions.... 5 5

1511 Palm oil and its fractions.... 3 5

1513 Coconut (copra), palm kernel or babassu oil and fractions ..... 5 5

1601 Sausages and similar products, of meat, meat offal or blood... 3 5

1602 Other prepared and preserved meat... 3 5

1701 Cane or beet sugar and chemically pure sucrose, in solid form 6 U

2006 Vegetables, fruit, nuts, fruit and other parts of plants, pr/pr by sugar 5 5

2007 Jams, fruit jellies, marmalades, fruit or nut puree... 3 5

2009 Fruit juices (including grape must) and vegetable juices... 5 5

2101 Extracts, essences and concentrates, of coffee, tea... 3 5

2203 Beer made from malt 5 U

2204 Wine or fresh grapes, including fortified wines; grape must other than that of heading No. 2009 5 U

2205 Vermouth and other wine of fresh grapes flavored with plants ...... 5 U

2206 Other fermented beverages 5 U

2207 Undenatured ethyl alcohol > 80% 5 U

2208 Undenatured ethyl alcohol < 80% 5 U

2302 Brans, and other residues whether in the form of pellets.... 0* 5

2303 Residues of starch manufacture and similar residues... 0* 3

2309 Preparations of a kind used in animal feeding 4 5

2401 Unmanufactured tobacco; tobacco refuse U U
2402 Cigars, cheroots, cigarillos and cigarettes U U
2403 Other manufactured tobacco and manufactured tobacco substitutes

Annex D1- Phase-out Periods for Restrictions on

Import Trading Rights and Distribution Rights -

Industrial Products

Notes:

0= No phase-out period

U= Unbound

C= Subject to state trading, Annex C

G= Subject to services commitment in Annex G on audio-visual services

* - For purposes of Annex D1, phase-out periods for Import Trading Rights shall begin on the date on which joint ventures are first permitted under Article 2.7.D of Chapter I of this Agreement.

** - For purposes of Annex D1, phase-out periods for Distribution Rights shall begin on the date on which joint ventures are first permitted under Annex G, section IV (Distribution Services) of this Agreement.

HS
Number
Description Import Trading

rights -

Phase-out Period*

(yrs.)
Distribution rights - Phase-out Period**

(yrs.)

2523 Portland cement, aluminous cement, slag cement etc 5 7
2709 Crude oil from petroleum and bituminous minerals 5 U
2710 Oil (not crude) from petrol & bitum mineral etc. 7 U
2711 Petroleum gases & other gaseous hydrocarbons 6 U
2802 Sulfur, sublimed or precipitated; collodial sulfur 3 5
2804 Hydrogen, rare gases and other nonmetals 2 5
2805 Alkali metals etc; rare-earth metals etc; mercury 2 5
2806 Hydrogen chloride; chlorosulfuric acid 5 5
2807 Sulfuric acid; oleum 5 5
2808 Nitric acid, sulfonitric acids 5 5
2809 Diphosphorus pentaoxide; phosphoric acid etc 3 5
2810 Oxides of boron; boric acids 3 5
2813 Sulfides of nonmetals; commercial phosp trisulfide 3 5
2814 Ammonia, anhydrous or in aqueous solution 3 5
2815 Sodium hydrox; potass hydrox; sod or potass perox 3 5
2817 Zinc oxide and zinc peroxide 3 5
2818 Artfl corundum w/nt chem defnd alum oxid/hydroxide 3 5
2819 Chromium oxides and hydroxides 3 5
2820 Manganese oxides 3 5
2821 Iron oxides & hydroxides; earth colors nun 70% ir 3 5
2823 Titanium oxides 3 5
2824 Lead oxides; red lead and orange lead 3 0
2829 Chlorates etc; bromates etc; iodates etc. 3 0
2830 Sulfides; polysulfides 3 5
2833 Sulfates; alums; peroxosulfates (persulfates) 3 5
2834 Nitrites; nitrates 3 5
2835 Phosphinates, phosphonates, phosphates & polyphosp 3 5
2836 Carbonates; peroxocarbonates; comm amm carbonate 3 5
2840 Borates; peroxoborates 3 5
2843 Colloidal prec metal; prec metal comp & amalgrams 3 5
2847 Hydrogen peroxide, whether/not solidified w/ urea 3 5
2907 Phenols; phenol-alcohols 3 5
2909 Ethers, ether-alcohols, alcohol peroxides etc. 5 5
2910 Epoxides with a 3-memb ring & halog, sulfon etc 5 5
2912 Aldehydes, its cyclic polymers; paraformaldehyde 5 5
2914 Ketones & quinones & halogenatd, sulfonatd der etc 3 5
2915 Sat acyclic nonocarbox acid & anhyd, halogon etc 3 5
2916 Unsat acyclic & cyclic monocarbox acid & anhyd etc 3 5
2917 Polycarboxylic acids & anhyd etc, halog, sulf etc 3 5
2918 Carboxylic acid, added oxygen & anhy etc, hal etc 3 5
2935 Sulfonamides 3 5
2936 Provitamins and vitamins & derivatives & intermixs 3 U
2937 Hormones; derivatives & steriods used as hormones 3 U
2938 Glycosides, natural or synth & salts, ethers etc. 3 U
2939 Veg alkaloids, nat or synth & salts, ethers etc. 3 U
2940 Sugars, chem pure (exc sucrose, lactose, etc) 3 U
2941 Antibiotics 3 U
2942 Organic compounds nesoi 3 U
3003 Medicaments nesoi of mixtures, not dosage etc form 6 U
3004 Medicaments nesoi, mixed or not, in dosage etc fm 6 U
3006 Pharmaceutical goods in note 4 to chapter 30 6 U
3102 Mineral or chemical fertilizers, nitrogenous 5 U
3103 Mineral or chemical fertilizers, phosphatic 5 U
3104 Mineral or chemical fertilizers, potassic 5 U
3105 Mineral or chemical fertilizers, other 5 U
3208 Paint & varnish from synth etc polymers nonaq, etc 3 3
3209 Paint & varnish from synth etc polymers aqueous md 3 3
3210 Paints & varnishes nesoi; watr pigmts for leather 3 3
3403 Lubricating preps, antirust & treating textiles etc 3 5
3601 Propellant powders C U
3602 Prepared explosives other than propellent powders C U
3603 Safety fuses; detonating fuse; percussion caps etc C U
3604 Fireworks, signalling flares, rain rockets etc. 0 U
3706 Motion-picture film, exposed and developed C G
3808 Insecticides, rodenticides; fungicides etc, retail 5 U
3812 Prepared rubber accelerators; com plasticizers etc 5 5
3819 Hydraulic brake fluids/liq for hydraulic trans etc 3 5
3901 Polymers of ethylene, in primary forms 0 4
3902 Polymers of propylene or other olefins, prim forms 0 4
3903 Polymers of styrene, in primary forms 0 4
3904 Polymers of vinyl chloride etc., in primary forms 0 4
3905 Polymers of vinyl acetate & oth vinyl polym, pr fm 0 4
3906 Acrylic polymers in primary forms 0 4
3907 Polyethers, expoxides & polyesters, primary forms 0 4
3908 Polyamides in primary forms 0 4
3909 Amino-resins, phenolics & polyurethanes, prim form 0 4
3910 Silicones, in primary forms 0 4
3911 Petro resins, polysulfides etc nesoi, primary form 0 4
3912 Cellulose and chemical deriv nesoi, primary forms 0 4
3913 Natural polymers and modified natural polymers 0 4
40111000 Tires of a kind used on motor cars 5 5
40112010 Tires with a width of 450 mm 5 5
40114000 Tires of a kind used on motorcycles 5 5
40131010 Inner tubes for tires of a width of 450 mm 2 3
40139020 Inner tubes of a kind used on motorcycles 2 3
4801 Newsprint, in rolls or sheets 5 7
4802 Paper, uncoat, for writing etc, rolls; hndmd paper 5 7
4804 Kraft paper & paperboard, uncoat nesoi, rolls etc 5 7
4807 Composite paper & paperboard, no surf coat, rl etc 5 7
4810 Paper & paperboard, coated with kaolin etc, rl etc 5 7
4820 Registers, notebooks, binders, bus forms etc, papr 0 7
4823 Paper, paperboard, cellul wad to size & arts nesoi 5 7
4901 Books, brochures & similar printed matter C U
4902 Newspapers, journals & periodicals C U
4903 Children's picture, drawing or coloring books C U
4907 Unused postage, check forms, banknotes, stock, etc C U
4909 Printed or illust post cards, greeting cards, etc. C U
4910 Calendars, calendar blocks of any kind, printed C U
4911 Printed matter nesoi, incl print pictures & photos C U
5007 Woven fabrics of silk or silk waste 5 5
5111 Woven fabrics of carded wool or fine animal hair 5 5
5112 Woven fabrics of combed wool or fine animal hair 5 5
5208 Woven cotton fabrics, nu 85% cot, wt nov 200 g/m2 5 5
5209 Woven cotton fabrics, nu 85% cot, wt ov 200 g/m2 5 5
5210 Woven cotton fabrics, un85%cot, mmfmix, nov200g/m2 5 5
5211 Woven cotton fabrics, un85%cot, mmfmix, ov200g/m2 5 5
5212 Woven cotton fabrics nesoi 5 5
6001 Pile fabrics, knitted or crocheted 5 5
6002 Knitted or crocheted fabrics, nesoi 5 5
6810 Articles of cement, concrete or artificial stone 5 5
6908 Glazed ceramic flags & paving, hearth tiles, etc 5 5
6910 Ceramic sinks, washbasins, water closet bowls etc 5 5
7004 Drawn & blown glass, in sheets etc 5 7
7005 Float glass & surf ground or polished sheets etc 5 7
7016 Glass paving blocks etc; gl cubes, lead window etc 5 7
7208 Fl-rl iron & na steel nun600mm wd hot-rl, not clad 5 5
7209 Fl-rl iron & na steel nun600mm wd cold-rl, no clad 5 5
7210 Fl-rl iron & na steel nun600mm wd, clad etc 5 5
7211 Fl-rl iron & na steel un 600mm wd, not clad etc 5 5
7212 Fl-rl iron & na steel un 600mm wd, clad etc 5 5
7213 Bars & rods, iron & na steel, h-r irreg coils 5 5
7214 Bars & rods, iron & na steel nesoi, h-r etc 5 5
7215 Bars & rods, iron & na steel nesoi 5 5
7216 Angles, shapes & sections of iron & nonalloy steel 5 5
7217 Wire of iron & nonalloy steel 5 5
7303 Tubes, pipes and hollow profiles of cast iron 5 5
7304 Tubes, pipes etc, seamless, iron nesoi & steel 5 5
7305 Tubes & pipes nesoi, ext dia ov406-4mm, ir & steel 5 5
7306 Tubes, pipes & hollow profiles nesoi, iron & steel 5 5
7604 Aluminum bars, rods and profiles 3 4
7614 Stranded wire, cables etc, aluminum, no elec insul 3 4
8407 Spark-ignition recip or rotary int comb piston eng 4 5
8408 Compression-ignition internal comb piston engines 4 5
8409 Parts for engines of heading 8407 or 8408 3 5
8414 Air or vac pumps, compr & fans; hoods & fans; pts 3 5
8415 Air conditioning machines (temp & hum change), pts 3 5
8418 Refrigerators, freezers etc; heat pumps nesoi, pts 3
8420 Calendering machines etc nesoi & cylinders, parts 4 5
8421 Centrifuges; filter etc mach for liq or gases; pts 0 2
84248100 Mech appl to disperse liq etc; sand etc blast mach 0 2
5

8426 Ship's derricks; cranes; mobile lifting frames etc 0 5
8427 Fork-lift trucks; oth works trucks with lifts etc. 0 5
8428 Lifting, handling, loading & unload machines nesoi 0 5
8429 Self-propelled bulldozers, graders, scrapers etc 4 5
8430 Mach nesoi, moving, grad etc; pile-dr; snoplow etc 5 5
8431 Parts for machinery of headings 8425 to 8430 5 5
8432 Agricult etc mach for soil etc; lawn rollers; pts 5 7
8433 Harvest etc machines, cleaning eggs etc nesoi, pts 5 7
8435 Presses etc for wine, cider, fruit juice etc, pts 4 7
8436 Agri etc & poultry etc equip, inc incubators, pts 5 7
8437 Mach for cleaning seed etc & work cereal etc, pts 5 7
8438 Mach nesoi, ind prep of food or drink etc, parts 5 7
8442 Mach etc nesoi for typeset, making pr plates etc C U
8443 Print mach incl ink-jet mach ancil t prnt pt nesoi C U
8444 Machines extruding, drawing etc manmade textiles 3 5
8445 Machines for preparing textile fibers & yarns 3 5
8446 Weaving machines (looms) 3 5
8447 Machines, knitting, stitch-bond, lace, net etc. 3 5
8448 Auxiliary machinery for use with textile machines 3 5
8451 Machinery (not laundry) for cleaning, drying etc 3 5
8452 Sewing machines (not book-sew), cover etc; needles 3 5
8453 Machinery for work leather etc & footwear etc, pts 3 5
8455 Metal-rolling mills and rolls therefor; parts 5 5
8458 Lathes for removing metal, incl turning centers 5 5
8459 Machine tools for drilling, boring, milling etc 5 5
8460 Machine tools for honing or finishing metal etc 5 5
8461 Machine tools for shaping, slotting, gear cut etc 5 5
8462 Machine tools for forging, bending, stamping etc 5 5
8466 Parts etc for machine tools of head 8456 to 8465 5 5
8468 Machines, solder etc; gas surf temper machines, pt 5 5
8469 Typewriters & word processing machines 5 7
8470 Calculating & account machines, cash registers etc 5 7
8471 Automatic data process machines; magn reader etc 3 7
8472 Office machines nesoi (hectograph, addressing etc) 5 5
8473 Parts etc for typewriters & other office machines 3 7
8476 Automatic goods-vending machines, parts 5 5
8477 Machinery for working rubber & plast etc nesoi, pt 4 5
8501 Electric motors and generators (no sets) 5 5
8502 Electric generating sets and rotary converters 5 5
8504 Elec trans, static conv & induct, adp pwr supp, pt 5 7
8506 Primary cells & batteries, parts 4 7
8507 Electric storage batteries, incl separators, parts 5 7
8516 Elec water, space & soil heaters; hair etc dry, pt 5 5
8517 Electric apparatus for line telephony etc, parts 0 5
8519 Turntables, record & cassette players etc. 5 7
8520 Magnetic tape & other sound recorders 5 7
8521 Video recrdng/reproduc appar wheth/nt video tuner 5 7
8524 Records, tapes & other recorded sound media etc C U
8525 Trans appar for radiotele etc; tv camera & rec C U
8526 Radar apparatus, radio navig aid & remote cont app C U
8527 Reception apparatus for radiotelephony etc 0 7
8528 Tv recvrs, incl video monitors & projectors 5 7
8529 Parts for television, radio and radar apparatus U U
8535 Electrical apparatus for switching etc, ov 1000 v 5 5
8536 Electrical apparatus for switching etc, nov 1000 v 3 5
8537 Boards, panels etc elec switch and n/c appar etc. 5 5
8540 Thermionic, cold cathode or photocathode tubes, pt 3 3
8542 Electronic integrated circuits & microassembl, pts 0 5
8544 Insulated wire, cable etc; opt sheath fib cables 5 5
8701 Tractors (other than works trucks of heading 8709) 6 7
8702 Motor vehicle f trnspt >ten persons includ driver 6 7
8703 Motor cars & vehicles for transporting persons 6 7
8704 Motor vehicles for transport of goods 6 7
8705 Special purpose motor vehicles nesoi 6 7
8706 Chas w eng f trac, mtr veh f pass/gd & special pur 6 7
8707 Bodies (including cabs), for specif motor vehicles 3 7
8708 Parts & access for motor vehicles (head 8701-8705) 5 7
8709 Works trucks, self-prop, no lift; stat tractrs; pt 5 7
8711 Motorcycles (incl mopeds) & cycles with aux motor 5 7
8714 Parts & access for cycles & invalid carriages 5 7
8716 Trailers etc; other vehicles, not mech propeld, pt 5 5
9001 Opt fibers & bund etc; pol sheets; unmoun opt elem 5 5
9704 Postage or revenue stamps, firstday covers C U

Annex D2- Phase-Out Periods for Restrictions on Export Trading Rights

Notes:

U=Unbound

*For purposes of Annex D2, phase-out periods for Export Trading Rights shall begin on the date upon which joint ventures are first permitted under Chapter I, Article 2, paragraph 7(D) of this Agreement

HS Heading Description Phase-Out Period (yrs.)*
0901 Coffee; coffee husks etc; substitutes with coffee 7
1006 Rice U
2502 Unroasted iron pyrites 5
2509 Chalk 5
2511 Natural barium sulfate; nat barium carbonate nesoi 5
2519 Magnesite; fused magnesia; d-b magn; m oxide nesoi 5
2524 Asbestos 5
2525 Mica, including splittings; mica waste 5
2526 Natural steatite, roughly trimmed etc; talc 5
2527 Natural cryolite; natural chiolite 5
2528 Natural borates & conc; natural boric acid nov 85% 5
2529 Feldspar; leucite; nepheline, n syenite; fluorspar 5
2530 Mineral substances nesoi 5
2601 Iron ores & concentrates, including roast pyrites 5
2602 Manganese ores a concntrts inc ferr mangn iron ore 5
2603 Copper ores and concentrates 5
2604 Nickel ores and concentrates 5
2605 Cobalt ores and concentrates 5
2606 Aluminum ores and concentrates 5
2607 Lead ores and concentrates 5
2608 Zinc ores and concentrates 5
2609 Tin ores and concentrates. 5
2610 Chromium ores and concentrates. 5
2611 Tungsten ores and concentrates. 5
2612 Uranium or thorium ores and concentrates. 5
2613 Molybdenium ores and concentrates. 5
2614 Titanium ores and concentrates. 5
2615 Niobium, tantalum, vanadium or zirconium ores and concentrates. 5
2616 Precius metal ores and concentrates. 7
2617 Other ores and concentrates. 5
2618 Granulated slag (slag sand) from the manufacture of iron or steel. 3
2701 Coal, briquettes, ovoids and similar solid fuels manufactured from coal. 3
2707 Oils and other products of the distillation of high temperature coal tars; similar products in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents. 5
2708 Pitch and pitch coke, obtained from coal or from other mineral tars. 5
2709 Petroleum oils and oils obtained from bituminous minerals crude. U
2711 Petroleum gases and other gaseous hydrocarbons. U
2712 Petroleum jelly, paraffin wax, micro-crystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes and similar products obtained by synthesis or by other processes. 3
2713 Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous minerals. 5
2714 Bitumen and asphalt, natural; bituminous or oil slade and tar sands; asphaltites and asphaltic rocks. 5
2715 Bituminous mixtures based on natural asphalt, on natural bitumen, on petroleum bitumen, on mineral tar or mineral tar pitch (for example, bituminous mastics, cut-backs). 5
2716 Electrical energy 7
4001 Natural rubber 7
4002 Synthetic rubber and factive derived from oils 7
7102 Diamonds, whether or not worked, but not mounted or set. U
7103 Precious stones (other than diamonds) and semi-precious stone, whether or not worked or graded but not strung, mounted or set; ungraded precious stones (other than diamonds) and semi-precious stones, temporarily strung for convenience of transport. U
7104 Synthetic and reconstructed precious or semi-precious stones, whether or not worked or graded but not strung, mounted or set; ungraded synthetic or reconstructed precious or semi-precious stones, temporarily strung for convenience of transport. U
7105 Dust and powder of natural or synthetic precious or semi-precious stones. U
7106 Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms. U
7108 Gold (including gold plated with platinum) unwrought or in semi-manufactured forms, or in powder form. U

ANNEX E - TARIFFS

VIETNAM

Tariffs on Agricultural Products

Notes:

* - Tariffs marked with an (*) are to be implemented 6 years from the date of entry into force of this Agreement.

HS Number Description Current
Tariffs
Tariffs to be Implemented

by three years after the date of entry into force of this Agreement


0204 Meat of sheeps or goats, chilled or frozen
0204.10.00 - Carcasses and half-carcasses of lamb, fresh or chilled 20% 10%
- Other meat of sheep, fresh or chilled
0204.21.00 - Carcasses and half carcasses 20% 10%
0204.22.00 - Other cuts with bone in 20% 10%
0204.23.00 - Boneless 20% 10%
0204.30.00 - Carcasses and half carcasses of lamb, frozen 20% 10%
- Other meat of sheep, frozen:
0204.41.00 - Carcasses and half carcasses 20% 10%
0204.42.00 - Other cuts with bone in 20% 10%
0204.43.00 - Boneless 20% 10%
0204.50.00 - Meat of goats 20% 10%

0206

Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen
0206.10.00 - Of bovine animals, fresh or chilled 20% 15%
- Of bovine animals, frozen
0206.21.00 - Tongues 20% 15%
0206.22.00 - Livers 20% 15%
0206.29.00 - Other 20% 15%
0206.30.00 - Of swine, fresh or chilled 20% 15%
- Of swine, frozen:
0206.41.00 - Livers 20% 15%
0206.49.00 - Other 20% 15%
0206.80.00 - Other, fresh or chilled 20% 10%
0206.90.00 - Other, frozen 20% 10%

0207 Meat and edible offal, of the poultry of heading No. 01.05, fresh, chilled or frozen
- Of duck, geese or guinea fowls:
0207.34.00 - Fatty livers, fresh or chilled 20% 15%
0207.35.00 - Other, fresh or chilled 20% 15%
0207.36.00 - Other , frozen 20% 15%

0208 Other meat and edible meat offal, fresh, chilled or frozen
0208.10.00 - Of rabbits or hares 20% 10%
0208.20.00 - Frog" legs 20% 10%
0208.90.00 - Other 20% 10%

0406 Cheese and curd
0406.10 - Fresh cheese (including whey cheese), not fermented, and curd
0406.10.10 - Fresh cheese (including whey cheese), not fermented 30% 10%
0406.10.20 - Curd 15% 10%
0406.20.00 - Grated or powdered cheese, of all kinds 30% 10%
0406.30.00 - Processed cheese, not grated or powdered 30% 10%
0406.40.00 - Blue-veined cheese 30% 10%
0406.90.00 - Other 30% 10%

0409.00.00 Natural Honey 20% 10%

0410.00 Edible products of animal origin, not elsewhere specified or included
0410.00.10 - Swallow's net 20% 5%
0410.00.90 - Other 20% 5%

0701 Potatoes, fresh or chilled
0701.90.00 - Other 30% 20%

0702.00.00 Tomatoes, fresh or chilled 30% 20%

0703 Onions, shallots, garlic, leeks, and alliaceous vegetables, fresh or chilled
0703.10.00 - Onions and shallots 30% 20%
0703.20.00 - Garlic 30% 20%
0703.90.00 - Leeks and other alliaceous vegetables 30% 20%

0704 Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled
0704.10.00 - Cauliflowers and headed broccoli 30% 20%
0704.20.00 - Brussels sprouts 30% 20%
0704.90.00 - Other 30% 20%

0705 Lettuce (lactuca sativa) and chicory (cichorium spp.), fresh or chilled
- Lettuce:
0705.11.00 - Cabbage lettuce (headed lettuce) 30% 20%
0705.19.00 - Other 30% 20%
- Chicory
0705.21.00 - Witloof chicory (cichorium intybus var. foliosum) 30% 20%
0705.29.00 - Other 30% 20%

0706 Carrots, turnip, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled
0706.10.00 - Carrots and turnips 30% 20%
0706.90.00 - Other 30% 20%

0707.00.00 Cucumbers and gherkins, fresh or chilled 30% 20%

0709 Other vegetables, fresh or chilled
0709.10.00 - Globe artichokes 30% 15%
0709.20.00 - Asparagus 30% 15%
0709.30.00 - Aubergines (egg plants) 30% 20%
0709.40.00 - Celery other than celeriac 30% 15%
- Mushrooms and truffles
0709.51.00 - Mushrooms 30% 20%
0709.52.00 - Truffles 30% 20%
0709.60 - Fruit of the genus Capsicum or of the genus Pimenta
0709.60.10 - Chilies 30% 20%
0709.60.90 - Other 30% 20%
0709.70.00 - Spinach, New Zealand spinach and orache spinach (garden spinach) 30% 20%
0709.90.00 - Other 30% 20%

0710 Vegetables (uncooked or cooked by steaming or boiling in water), frozen
0710.10.00 - Potatoes 30% 20%
0710.30.00 - Spinach, New Zealand spinach and orange spinach (garden spinach) 30% 15%

0711 Vegetables provisionally prepared ( for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption
0711.20.00 - Olives 30% 15%
0711.30.00 - Capers 30% 15%

0806 Grapes: fresh or dried
0806.10.00 - Fresh 40% 25%
0806.20.00 - Dried 40% 25%

0808 Apples, pears and quinces: fresh
0808.10.00 - Apples 40% 25%
0808.20.00 - Pears and quinces 40% 25%

0810 Other fruit, fresh
0810.10.00 - Strawberries 40% 15%
0810.20.00 - Raspberries, blackberries, mulberries and loganberries 40% 15%
0810.30.00 - Black, white or red currants and gooseberries 40% 15%
0810.40.00 - Cranberries, bilberries and other fruits of the genus Vaccinium 40% 15%
0810.50.00 - Kiwifruit 40% 15%
1002.00.00 Rye 3% 3%

1003.00.00 Barley 3% 3%

1004.00.00 Oats 3% 3%

1007.00.00 Grain sorghum 10% 5%

1008 Buckwheat, millet and canary seed; other cereals
1008.10.00 - Buckwheat 10% 5%
1008.20.00 - Millet 10% 5%
1008.90.00 - Other cereals 10% 5%

1101 Wheat or meslin flour
1101.00.10 - Wheat flour 20% 20%

1102 Cereal flours other than of wheat or meslin
1102.10.00 - Rye flour 20% 15%
1102.20.00 - Maize (corn) flour 20% 15%
1102.90.00 - Other 20% 15%

1103 Cereal groats, meal and pellets
- Groats and meal:
1103.13.00 - Of maize (corn) 10% 10%

1104 Cereal grains otherwise worked(for example, hulled, rolled, flaked, pearled, sliced or kibbed), except rice of heading No. 10.06; germ of cereals, whole, rolled, flaked or ground
1104.23 - Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbed)
1104.23.00 - Of maize (corn) 10% 10%

1201.00.00 Soya beans, whether or not broken 10% 5%

1202 Ground nuts, not roasted or otherwise cooked, whether or not shelled or broken
1202.10.00 - In shell 10% 10%
1202.20.00 - Shelled, whether or not broken 10% 10%

1203.00.00 Copra (coconut) 10% 10%

1206.00.00 Sunflower seeds, whether or not broken 30% 10%

1207 Other oil seeds and oleaginous fruits, whether or not broken
1207.20.00 - Cotton seeds 10% 5%

1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified
1507.90 - Other:
1507.90.10 - Refined 40% 30%

1508 Ground-nut oil and its fractions, whether or not refined, but not chemically modified
1508.90 - Other:
1508.90.10 - Refined 40% 30%

1509 Olive oil and its fractions, whether or not refined, but not chemically modified
1509.10.00 - Virgin 5% 5%
1509.90 - Other:
1509.90.10 - Refined 40% 30%

1510 Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading No. 1519
1510.00.10 - Crude oils 5% 5%
- Other:
1510.00.91 - Refined 40% 30%

1511 Palm oil and its fractions, whether or not refined, but not chemically modified
1511.10 - Crude oil
1511.10.10 - Palm oil 5% 5%
1511.10.90 - Other 5% 5%
1511.90 - Other:
1511.90.90 - Other 40% 30%

1512 Sunflower-seed, safflower or cotton- seed oil and fractions thereof, whether or not refined but not chemically modified
- Sunflower-seed or safflower oil and fractions thereof:
1512.11.00 - Crude oil 5% 5%
1512.19 - Other
1512.19.10 -Refined: 40% 30%

1513 Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined but not chemically modified
- Coconut (copra) oil and its fractions:
1513.19 - Other:
1513.19.10 - Refined 40% 30%

1514 Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified
1514.10.00 - Crude oil 5% 5%
1514.90 - Other:
1514.90.10 - Refined 40% 30%
1515 Other fixed vegetable fats and oils (including jojoba oil) and their fractions, whether or not refined, but not chemically modified
1515.90 - Other:
1515.90.99 - Other 40% 30%

1516 Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared
1516.10.00 - Animal fats and oils and their fractions 40% 30%
1516.20.00 - Vegetable fats and oils and their fractions 40% 30%

1517 Margarine; edible mistures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading
1517.10.00 - Margarine, excluding liquid margarine 40% 30%

1601 Sausages and similar products, of meat, meat offal or blood; food preparations based on these products 50% 40%*

1602 Other prepared and preserved meat, meat offal or blood
1602.10.00 - Homogenized preparations 50% 40%*
1602.20.00 - Of liver of any animal 50% 40%*
- Of poultry of heading No. 0105:
1602-31.00 - Of turkeys 50% 40%*
1602.32.00 - Of fowls of the species Gallus domesticus 50% 40%*
1602.39.00 - Other 50% 40%*
- Of swine:
1602.41.00 - Hams and cuts thereof 50% 40%*
1602.42.00 - Shoulders and cuts thereof 50% 40%*
1602.49.00 - Other, including mixtures 50% 40%*
1602.50.00 - Of bovine animals 50% 40%*
1602.90.00 - Other , including preparations of blood of any animal 50% 40%*

1603.00.00 Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates 50% 30%

1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs
- Fish, whole or in pieces, but not minced:
1604.11.00 - Salmon 50% 40%
1604.12.00 - Herrings 50% 40%
1604.13.00 - Sardines, sardinella and brisling or sprats 50% 40%
1604.14.00 - Tunas, skipjack and bonito (Sarda spp.) 50% 40%
1604.15.00 - Mackerel 50% 40%
1604.16.00 - Anchovies 50% 40%
1604.19.00 - Other 50% 40%
1604.20.00 - Other prepared or preserved fish 50% 40%
1604.30.00 - Caviar and caviar substitutes 50% 40%

1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved
1605.10.00 - Crab 50% 40%
1605.20.00 - Shrimps and prawns 50% 40%
1605.30.00 - Lobster 50% 40%
1605.40.00 - Other crustaceans 50% 40%
1605.90.00 - Other 50% 40%

1806 Chocolate and other food preparations containing cocoa
1806.10.00 - Cocoa powder, containing added sugar or other sweetening matter 30% 20%
1806.20.00 - Other preparations in blocks or slabs weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packing, of a content exceeding 2 kg 30% 20%
- Other, in blocks, slabs or bars

1902 Pasta, whether or not cooked or stuffed (with meat or other substances or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared
- Uncooked pasta, not stuffed or otherwise prepared:
1902.11.00 - Containing eggs 50% 40%
1902.19.00 - Other 50% 40%
1902.20.00 - Stuffed pasta, whether or not cooked or otherwise prepared 50% 40%
1902.30.00 - Other pasta 50% 40%
1902.40.00 - Couscous 50% 40%

1903.00.00 Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or in similar form 50% 40%

2001 Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid
2001.10.00 - Cucumbers and gherkins 50% 40%
2001.20.00 - Onions 50% 40%
2001.90.00 - Other 50% 40%

2002 Tomatoes prepared or preserved otherwise than by vinegar or acetic acid
2002.10.00 - Tomatoes, whole or in pieces 50% 40%
2002.90 - Other:
2002.90.10 - Tomato paste 50% 40%
2002.90.90 - Other 50% 40%

2003 Mushroom and truffles, prepared or preserved otherwise than by vinegar or acetic acid
2003.10.00 - Mushrooms 50% 40%
2003.20.00 - Truffles 50% 40%

2004 Other vegetables, prepared or preserved otherwise than by vinegar or acetic acid, frozen other than products of heading No. 2006
2004.10.00 - Potatoes 50% 40%
2004.90.00 - Other vegetables and mixtures of vegetables 50% 40%

2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading No. 20.06
2005.10.00 - Homogenized vegetables 50% 40%

2006 Vegetables, fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glace or crystallised)
2006.00.10 - Fruits or nuts 50% 40%
2006.00.90 - Other 50% 40%

2007 Jams, fruit jellies, marmalades, fruit or nut puree and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter
2007.10.00 - Homogenized preparation 50% 40%
- Other:
2007.91.00 - Citrus fruit 50% 40%
2007.99.00 - Other 50% 40%

2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included
- Nuts, ground-nuts and other seeds, whether or not mixed together:
2008.11 - Ground nut:
2008.11.10 - Oil-roasted and the like 50% 40%
2008.11.20 - Coated with sugar 50% 40%
2008.11.90 - Other 50% 40%
2008.19 - Other, including mixtures
2008.19.10 - Prepared cashew 50% 40%
2008.19.90 - Other 50% 40%
2008.20.00 - Pineapples 50% 40%
2008.30.00 - Citrus fruit 50% 40%
2008.40.00 - Pears 50% 40%
2008.50.00 - Apricots 50% 40%
2008.60.00 - Cherries 50% 40%
2008.70.00 - Raspberries 50% 40%
2008.80.00 - Strawberries 50% 40%
- Other, including mixtures other than those of subheading No. 2008.19:
2008.91.00 - Palm hearts 50% 40%
2008.92.00 - Mixtures 50% 40%
2008.99.00 - Other 50% 40%

2009 Fruit juices (including grape must) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter
- Orange juice:
2009.11.00 - Frozen 50% 40%
2009.19.00 - Other 50% 40%
2009.20.00 - Grapefruit juice 50% 40%
2009.30.00 - Juice of any other single citrus fruit 50% 40%
2009.40.00 - Pineapple juice 50% 40%
2009.50.00 - Tomatoes juice 50% 40%
2009.60.00 - Grape juice (including grape must) 50% 40%
2009.70.00 - Apple juice 50% 40%
2009.80.00 - Juice of any other fruit or vegetable 50% 40%
2009.90.00 - Mixtures of juices 50% 40%

2201 Waters, including natural or artificial mineral waters and aerated waters, not containing added sugar or other sweetening matter nor flavoured; ice and snow
2201.90.00 - Other 50% 40%

2202 Waters, including mineral waters and aerated water containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading No. 2009
2202.10 - Waters, including mineral waters and aerates waters, containing added sugar or other sweetening matter or flavoured:
2202.10.10 - Beverages, flavoved with fruit juices or essences (orangeade, lemonade, strawberrade, etc.) 50% 40%
2202.10.20 - Cola waters and the like 50% 40%
2202.10.90 - Other 50% 40%
2202.90.00 - Other 50% 40%

2203.00.00 Beer made from malt 100% 80%

2207 Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher; ethyl alcohol or other spirits, denatured, of any strength
2207.10.00 - Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher 50% 40%
2207.20 - Ethyl alcohol or other spirits, denatured, of any strength:
2207.20.90 - Other 50% 40%

2209.00.00 Vinegar and substitutes for vinegar obtained from acetic acid 50% 20%

2304.00.00 Oil-cake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil. 10% 10%

2309 Preparations of a kind used in animal feeding
2309.10.00 - Dog or cat food, put up for retail sale 10% 10%
2309.90 - Other: 10% 10%
2309.90.10 - Shrimp food

Tariffs on Industrial Products - Vietnam

HS Number Product Description Current Tariffs
(ad valorem)
Tariffs to be

Implemented

three years after the date of entry into force of this Agreement (ad valorem)

33030000 Perfumes and toilet waters 50 30

3304 Beauty or make-up preparations and preparations for care of the skin (other than medicaments), including sunscreen or suntan preparations; manicure or pedicure preparations
33043000 - Manicure or pedicure preparations 50 30
- Other:
33049900 - Other 50 30

3305 Preparations for use on the hair
33051000 - Shampoos 50 40
33053000 - Hair lacquers 50 30
330590 - Other:
33059010 - Hair dyes 50 30
33059090 - Other 50 30

3401 Soap; organic surface-active products and preparations for use as soap, in the form of bars, cakes, molded pieces or shapes, whether or not containing soap; paper, wadding, felt, and nonwovens, impregnated, coated or covered with soap or detergent
34012000

-Soap in other form (soap noodles only) 50 30
3402 Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading No. 34.01
340290 - Other:
34029090 - Other (surfactant for hair care only) 20 10

3701 Photographic plates and film in the flat, sensitized, unexposed, of any materials other than paper, paperboard or textiles; instant print film in the flat, sensitized, unexposed, whether or not in packs
37013000 -Other plated and film, with any side exceeding 255 mm 15 10

3702 Photographic film in rolls, sensitized, unexposed; of any materials other than paper, paperboard or textiles, instant print film inrolls, sensitized, unexposed
37023100 - for colour photography (polychrome) 30 20
- Other film, for color photography (polychrome)
37025400 - Of a width exceeding 16 mm but not exceeding 35 mm and of a length not exceeding 30 m, excl. for slides 30 20
37025500 - Of a width exceeding 16 mm but not exceeding 35 mm and of a length exceeding 30 m 30 20
37025600 - Of a width exceeding 35mm 30 20

3703 Photographic paper, paperboard and textiles, sensitized, unexposed
37032000 -Other, for colour photography (polychrome) 30 20

4804 Uncoated kraft paper and paperboard, in rolls or sheets, other than that of heading No. 48.02 or 48.03
- Kraftliner:
48041100 - Unbleached 30 20

6406 Parts of footwear; removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts therof
64069900 - Of other materials 20 10

7323 Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel
73239900 --Other 30 20

8408 Compression-ignition internal combustion piston engines (diesel, semi-diesel)
840820 - Engines of a kind used for propulsion of vehicles of Chapter 87
- For other vehicles of Chapter 87
84082021 - For motor vehicles of sub-heading No. 8711, 8703 40 30

8415 Air conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity can not be separately regulated
841583 - Not incorporating a refrigerating unit
84158310 - Of a capacity not excceding 90,000BTU/h 50 30
84158320 -Of a capacity exceeding 90,000BTU/h but not exceeding 180,000 BTU/h 40 30
84158390 -Other 30 20
841590 -Parts:
84159019 - Other 30 20

8418 Refrigerators, freezers and other refrigerating of freezing equipment, electric or other; heat pumps other than air conditioning machines of heading No. 84.15
841830 -Freezers if the chest type, not exceeding 800 l capacity :
84183010 - With capacity not exceeding 200 1 50 30
84183090 - With capacity exceeding 200 1 but not exceeding 800 1 30 20
841840 -Freezers of the upright type, not exceeding 900 l capacity:
84184010 - With capacity not exceeding 200 1 50 40
84184090 - With capacity exceeding 200 1 but not exceeding 900 1 30 20
841850 -Other refrigerating or freezing chests, cabinets, display counters, show cases and similar refrigerating or freezing furniture:
84185010 - With capacity not exceeding 200 1 50 40
84185090 - With capacity exceeding 200 1 30 20


8419 Machinery, plant or laboratory equipment, whether or not electrically heated, for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, 'distilling, rectifying, sterilizing, pasteurizing, steaming, drying, evaporating, vaporising, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instanteous or storage water heaters, non-electric
- Other machinery, plant and equipment:
84198100 -For making hot drinks or for cooking or heating food 30 20

8421 Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus for liquids or gases.
842121 -For filtering or purifying water
84212110 -Electrical operated with filtering capacity not exceeding 500 1/h 20 15

8450 Household or laundry-type washing machines, including machines which both wash and dry
- Machines, each of a dry linen capacity not exceeding 10 kg:
84501100 -Fully-automatic machines 50 40
84501200 -Other machines, with built-in centrifugal drier 50 40
84501900 -Other 50 40
84502000 -Machines, each of a dry linen capacity exceeding 10 kg: 50 40
84509000 -Parts 50 40

8481 Taps, cocks, valves and similar appliances for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves
848180 -Other appliances:
84818060 -Valves for water pipe 20 15

8508 Electro-mechanical tools for working in the hand, with self-contained electric motor.
85081000 -Drills of all kinds 10 5

8516 Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electro-thermic hair dressing apparatus (for example, 'hair dryers, hair curlers, curling tong heaters) and hand dryers; electric smoothing irons; other electro-thermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading No. 8545
851660 -Other ovens; cookers, cooking plates, boiling rings, grillers and roasters
85166020 -Boilers including boiling rings 40 30
85166030 -Ovens cooker 40 30
85166090 -Other 40 30

8523 Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of Chapter 37
852313 -Of a width exceeding 6.5 mm:
85231320 -Computer magnetic tapes 20 15

8525 Transmission apparatus for radio-telephony, radio-telegraphy, radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing.
852520 -Transmission apparatus incorporating reception apparatus:
85252010 -Cordless telephones (mobile phones) 20 10
85254000 -Still image video cameras and other video camera recorders 30 20

8527 Reception apparatus for radio-telephony, radio-telegraphy or radio broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock
852790 -Other
85279010 -Pager 15 10

8529 Parts suitable for use soley or principally with the apparatus of headings Nos. 85.25 tp 85.28
85291000 30 20
9006 Photographic (other than cinematographic) cameras; photographic flashlight apparatus and flashbulbs other than discharge lamps of heading No. 8539
90065300 -Other, for roll film of a width of 35 mm 30 20

9504 Articles for funfair, table or parlour games, including pintables, billards, special tables for casino games and automatic bowling alley equipment
95041000 -Video games of a kind used with a television receiver 50 30
95049000 -Other 50 30

CHAPTER II

INTELLECTUAL PROPERTY RIGHTS

Article 1

Objectives, Principles and Scope of Obligations

1. Each Party shall provide in its territory to the nationals of the other Party adequate and effective protection and enforcement of intellectual property rights.

2. The Parties recognize the underlying public policy objectives of national systems for the protection of intellectual property, including developmental and technological objectives, and ensure that measures to protect and enforce intellectual property rights do not themselves become barriers to legitimate trade.

3. To provide adequate and effective protection and enforcement of intellectual property rights, each Party shall, at a minimum, give effect to this Chapter and the substantive economic provisions of:

A. the Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of their Phonograms, 1971 (Geneva Convention);

B. the Berne Convention for the Protection of Literary and Artistic Works, 1971 (Berne Convention);

the Paris Convention for the Protection of Industrial Property, 1967 (Paris Convention);
D. the International Convention for the Protection of New Varieties of Plants, 1978 (UPOV Convention (1978), or the International Convention for the Protection of New Varieties of Plants, 1991 (UPOV Convention (1991); and

E. the Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974).

If a Party has not acceded to the specified text of any such Conventions on or before the

date of entry into force of this Agreement, it shall promptly make every effort to accede.

A Party may implement in its domestic law more extensive protection and enforcement of intellectual property rights than is required under this Chapter, provided that such protection and enforcement are not inconsistent with this Chapter.
Article 2

Definitions

For purposes of this Chapter:

"confidential information" includes trade secrets, privileged information, and other undisclosed information that has not become subject to an unrestricted public disclosure under the Party's domestic law.
2. "encrypted program-carrying satellite signal" means a program-carrying satellite signal that is transmitted in a form whereby the aural or visual characteristics, or both, are modified or altered for the purpose of preventing the unauthorized reception of a program carried in that signal by persons without the authorized equipment that is designed to eliminate the effects of such modification or alteration.

3. "intellectual property rights" refers to copyrights and related rights, trademarks, patents, layout designs (topographies) of integrated circuits, encrypted program-carrying satellite signals, confidential information (trade secrets), industrial designs and rights in plant varieties.

4. "lawful distributor of an encrypted satellite signal" in a Party means the person who originally transmitted the signal.

5. "national" of a Party shall, in respect of the relevant intellectual property rights, be understood as those natural or legal persons that would meet the criteria for eligibility for protection provided for in the Paris Convention, the Berne Convention, the Geneva Convention, the Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite, the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, the UPOV Convention (1978), the UPOV Convention (1991) or the Treaty on Intellectual Property in Respect of Integrated Circuits adopted at Washington in 1989, as if each Party were a Party to those Conventions, and with respect to intellectual property rights that are not the subject of these Conventions, "national of a Party" shall be understood at least to include any person that is a citizen or permanent resident of that Party.

6. "public" includes, with respect to rights of communication and performance of works provided for under Articles 11, 11bis(1) and 14(1)(ii) of the Berne Convention, with respect to dramatic, dramatico-musical, musical and cinematographic works, at least, any aggregation of individuals intended to be the object of, and capable of perceiving, communications or performances of works, regardless of whether they can do so at the same or different times or in the same or different places, provided that such an aggregation is larger than a family and its immediate circle of acquaintances or is not a group comprising a limited number of individuals having similarly close ties that has not been formed for the principal purpose of receiving such performances and communications of works.

7. "right holder" includes the right holder personally, any other natural or legal person authorized by the right holder who is an exclusive licensee of the right, or other authorized persons, including federations and associations, having legal standing under domestic law to assert such rights.

Article 3

National Treatment

1. Each Party shall accord to nationals of the other Party treatment no less favorable than it accords to its own nationals with regard to the acquisition, protection, enjoyment and enforcement of all intellectual property rights and any benefits derived therefrom.

2. A Party shall not, as a condition of according national treatment under this Article, require right holders to comply with any formalities or conditions (including fixation, publication or exploitation in the territory of a Party) in order to acquire, enjoy, enforce and exercise rights or benefits in respect of copyright and related rights.

3. A Party may derogate from paragraph 1 in relation to its judicial and administrative procedures for the protection or enforcement of intellectual property rights, including any procedure requiring a national of the other Party to designate for service of process an address in the Party's territory or to appoint an agent in the Party's territory, if the derogation is consistent with the relevant Convention listed in Article 1.3 above, provided that such derogation:

is necessary to secure compliance with measures that are not inconsistent with this Agreement; and
is not applied in a manner that would constitute a restriction on trade.
4. No Party shall have any obligation under this Article with respect to procedures provided in multilateral agreements concluded under the auspices of the World Intellectual Property Organization relating to the acquisition or maintenance of intellectual property rights.

Article 4

Copyright and Related Rights

1. Each Party shall protect all works that embody original expression within the meaning of the Berne Convention. In particular:

all types of computer programs are literary works within the meaning of the Berne Convention and each Party shall protect them as such; and
B. compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations, shall be protected as works.

The protection a Party provides under subparagraph (B) shall not extend to the data or

material itself, or prejudice any copyright subsisting in that data or material.

2. Each Party shall provide to authors and their successors in interest those rights enumerated in the Berne Convention in respect of works covered by paragraph 1, and shall provide the right to authorize or prohibit:

the importation into the Party's territory of copies of the work;

the first public distribution of the original and each copy of the work by sale, rental or otherwise;

the communication of a work to the public; and

the rental of the original or a copy of a computer program for the purposes of commercial advantage.
Subparagraph (D) shall not apply where the copy of the computer program is not itself an essential object of the rental. Each Party shall provide that putting the original or a copy of a computer program on the market with the right holder's consent shall not exhaust the rental right.

3. Each Party shall provide that for copyright and related rights:

any person acquiring or holding any economic rights may freely and separately transfer such rights by contract; and
any person acquiring or holding any such economic rights by virtue of a contract, including contracts of employment underlying the creation of works and sound recordings, shall be able to exercise those rights in its own name and enjoy fully the benefits derived from those rights.
4. Each Party shall provide that, where the term of protection of a work is to be calculated on a basis other than the life of a natural person, the term shall be not less than 75 years from the end of the calendar year of the first authorized publication of the work or, failing such authorized publication within 25 years from the creation of the work, not less than 100 years from the end of the calendar year of the creation of the work.

5. Neither Party may grant translation or reproduction licenses permitted under the Appendix to the Berne Convention where legitimate needs in that Party's territory for copies or translations of the work could be met by the right holder's voluntary actions but for obstacles created by the Party's measures.

6. Each Party shall provide to the right holder in a sound recording the right to authorize or prohibit:

the direct or indirect reproduction, in whole or in part, of the sound recording;

the importation into the Party's territory of copies of the sound recording;

the first public distribution of the original and each copy of the sound recording by sale, rental or otherwise; and

the rental, lease or lending of the original or a copy of the sound recording for the purposes of commercial advantage.
Each Party shall provide that putting the original or a copy of a sound recording on the market with the right holder's consent shall not exhaust the rental right.

7. Each Party shall provide to performers the right to authorize or prohibit:

the fixation of their live musical performances in a sound recording;
the reproduction of unauthorized fixations of their live musical performances in a sound recording;
the transmission or other communication to the public of sounds in a live musical performance; and
D. the distribution, sale, rental, disposal or transfer of the unauthorized fixations of their live performances in a sound recording, regardless of where the fixations were made.

8. Each Party shall, through operation of this Agreement, apply the provisions of Article 18 of the Berne Convention to works and, with such modifications as may be necessary, to existing sound recordings.

Each Party shall confine limitations or exceptions to the rights provided for in this Article to certain special cases that do not conflict with a normal exploitation of the work, and do not unreasonably prejudice the legitimate interests of the right holder.
Article 5

Protection of Encrypted Program-Carrying Satellite Signals

For serious violations involving the protection of encrypted program-carrying satellite signals, each Party shall make available appropriate remedies, including civil and criminal remedies.

Serious violations involving the protection of encrypted program-carrying satellite signals shall include the following:
A. The manufacture, assembly, modification, or distribution (including import, export, sale or lease) of a device or system, by any person knowing or having reason to know that the device or system is primarily of assistance in the unauthorized decoding of an encrypted program-carrying satellite signal; and

B. The willful receipt or further distribution of an encrypted program-carrying satellite signal that has been decoded without the authorization of the lawful distributor of the signal (regardless of the location of such person) or of any other person or persons designated by the original transmitter as authorized distributors of such signal in such Party.

Each Party shall provide that civil remedies provided for pursuant to paragraph 1 of this Article shall be available to any person that holds an interest in the encrypted program-carrying satellite signal or the content thereof.
Article 6

Trademarks

1. For the purposes of this Agreement, a trademark consists of any sign, or any combination of signs, capable of distinguishing the goods or services of one person from those of another, including words, personal names, designs, letters, numerals, combinations of colors, figurative elements or the shape of goods or of their packaging. Trademarks shall include service marks, collective marks and certification marks.

2. Each Party shall provide to the owner of a registered trademark the right to prevent all persons not having the owner's consent from using in commerce identical or similar signs for goods or services that are identical, or similar to those goods or services in respect of which the owner's trademark is registered, where such use would result in a likelihood of confusion. In the case of the use of an identical sign for identical goods or services, a likelihood of confusion shall be presumed. The rights described above shall not prejudice any prior rights, nor shall they affect the possibility of making rights available on the basis of use.

3. A Party may make registrability depend on use. However, actual use of a trademark shall not be a condition for filing an application for registration. Neither Party may refuse an application solely on the ground that intended use has not taken place before the expiry of a period of three years from the date of application for registration.

4. Each Party shall provide a system for the registration of trademarks, which shall include:

examination of applications;
notice to be given to an applicant of the reasons for the refusal to register a trademark;
C. a reasonable opportunity for the applicant to respond to the notice;

D. publication of each trademark either before or promptly after it is registered; and

E. a reasonable opportunity for interested persons to petition to cancel the registration of a trademark.

5. The nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to the registration of a trademark.

6. Article 6bis of the Paris Convention shall apply, with such modifications as may be necessary, to services. In determining whether a trademark is well-known, account shall be taken of the knowledge of the trademark in the relevant sector of the public, including knowledge in the Party's territory obtained as a result of the promotion of the trademark. Neither Party may require that the reputation of the trademark extend beyond the sector of the public that normally deals with the relevant goods or services or that the trademark be registered.

7. Each Party shall use the International Classification of Goods and Services for registration. Neither Party shall use such classification as the only basis for determining the likelihood of confusion.

8. Each Party shall provide that the initial registration of a trademark be for a term of at least 10 years, and that the registration be indefinitely renewable for terms of not less than 10 years when conditions for renewal have been met.

9. Each Party shall require the use of a trademark to maintain a registration. The registration may be canceled for the reason of non-use only after an uninterrupted period of at least three years of non-use, unless valid reasons based on the existence of obstacles to such use are shown by the trademark owner. The law shall recognize, as valid reasons for non-use, circumstances arising independently of the will of the trademark owner that constitute an obstacle to the use of the trademark, such as import restrictions on, or other government requirements for, goods or services identified by the trademark.

10. Each Party shall recognize the use of a trademark by a person other than the trademark owner, where such use is subject to the owner's control, as use of the trademark for purposes of maintaining the registration.

11. Neither Party may encumber the use of a trademark in commerce by special requirements, such as a use that reduces the trademark's function as an indication of source or a use with another trademark.

12. A Party may determine conditions on the licensing and assignment of trademarks, it being understood that the compulsory licensing of trademarks shall not be permitted. The owner of a registered trademark shall have the right to assign its trademark with or without the transfer of the business to which the trademark belongs. However, a Party may require a transfer of goodwill in a mark as part of a valid transfer of the mark.

13. A Party may provide limited exceptions to the rights conferred by a trademark, such as fair use of descriptive terms, provided that such exceptions take into account the legitimate interests of the trademark owner and of other persons.

14. A Party may refuse to register trademarks that consist of or comprise immoral, deceptive or scandalous matter, or matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs or a Party's national symbols, or bring them into contempt or disrepute. Each Party shall prohibit the registration as a trademark of words that generically designate goods or services or types of goods or services to which the trademark applies.

Article 7

Patents

1. Subject to the provision of paragraph 2 of this Article, each Party shall make patents available for any invention, whether a product or process, in all fields of technology, provided that such invention is new, resulted from an inventive step and is capable of industrial application. For purposes of this Article, a Party may deem the terms "inventive step" and "capable of industrial application" to be synonymous with the terms "non-obvious" and "useful", respectively.

2. Parties may exclude from patentability:

inventions, the prevention within their territory of the commercial exploitation of which is necessary to protect public order or morality, including to protect human, animal or plant life or health or to avoid serious prejudice to the environment, provided that such exclusion is not made merely because the exploitation is prohibited by their law;

diagnostic, therape