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FREE TRADE AGREEMENT BETWEEN VIETNAM AND KOREA (VKFTA)

Chapter on Services in VKFTA is divided into 02 parts:

  1. Commitment in principle:

The two parties commit to common regulations and obligations to ensure the interests of service and service providers of each party when accessing the service market of the other party. Each party shall provide the other party's service providers and service providers with the following basic benefits:

    • National Treatment (NT): For those sectors covered by the Specific Schedule of Commitments, subject to the conditions and standards set forth therein, each party must accord to services and service suppliers of the other party, in the same circumstances, treatment no less favorable than it received from the other party.
    • Most Favored Nation (MFN) treatment: If, after the VKFTA comes into force, a Party to the Agreement (Vietnam or South Korea) signs agreements with a third party that grants more favorable treatment to such third party services and service suppliers, one party is required to consult with the other to consider the possibility of an increase in preferential treatment under the VKFTA that is no less favorable than that accorded to the other party preferential treatment in agreement with such third party, except where such preferential treatment is under existing agreements or agreements between ASEAN members.
  1. Commitment on market opening:

Commitment to market access The Services Chapter in VKFTA applies a choose - give approach similar to that in the WTO, i.e. each party will have a list of areas of commitment which lists open sectors and their level openess of commitment, sectors not listed as uncommitted.

For sectors with commitments, depending on the content of specific commitments, each party will not issue or maintain measures affecting the other party's service providers, including restrictions on the number of service suppliers; restrictions on transaction value; restrictions on the total number of service operations or the number of service outputs; restrictions on the total number of human resources to be recruited; restrictions on the type of business; restrictions on foreign capital contribution.

In comparison with the service market opening commitments of Vietnam and Korea in WTO and AKFTA:

    • Vietnam give more opening to Korea in 02 sub-sectors:
      • Urban planning services and urban landscape architecture.
      • Rental of machinery and other equipment without operator.
    • Korea give more opening to Vietnam in 05 sub-sectors:
      • Legal services.
      • Delivery service.
      • Railway maintenance and repair services.
      • Rail transport support services.
      • Natural science research and development services.