The document discusses the EU-Vietnam Free Trade Agreement (EVFTA) and its impact on EU-Vietnam trade relations. It provides an overview of Vietnam's economy, details of the EVFTA including coverage, opportunities and challenges for certain sectors, and comparisons of market access commitments in the WTO, ASEAN Economic Community (AEC), and EVFTA. The EVFTA will eliminate nearly all tariffs between the EU and Vietnam over 10 years and facilitate greater trade and investment flows. Vietnam's economy has grown significantly in recent years and the EVFTA could support continued growth and integration into global markets.

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DUANE MORRIS VIETNAM LLC
THE EU- VIETNAM FREE TRADE
AGREEMENT
Its impact on the EU- Vietnam trade relations

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AGENDA:
• OVERVIEW OF VIETNAM’S ECONOMY
• THE EU- VIETNAM FREE TRADE AGREEMENT
(EVFTA): WHAT DOES IT COVER?
• OPPORTUNITIES AND CHALLENGES IN SOME
SECTORS
• MARKET ACCESS COMPARISON OF CERTAIN
COMMERCIAL SECTORS IN THE WTO, AEC AND
EVFTA
• CONCLUSION
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Vietnam 2017 Economy at a glance
• GDP: US$220.3 billion
• GDP per capita: US$2,385
• GDP Growth: 6.81% (2017) and 7.08% (first
6 months of 2018) (record breaking in 10
years)
• Inflation: 1.41%
• Population: About 91.70 million
• Labor force aged 15 and above: 54.61 million
• Total export and import turnover: : >US$420
billion (7.1% increase)
• Regional Minimum wage (Region I): VND
3.980 million (US$ 175) per month (Jan
2018)
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Welcome to the most dynamic country on this
planet : Vietnam!
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Growing middle-class
(doubled by 2020 to
33 million people
according to Boston
Consulting Group)
90 million people

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FOREIGN INVESTMENT IN VIETNAM
REGIONAL COMPARISON OF COMPETIVENESS
ON MARKET ACCESS
Vietnam ties in first place with Singapore
• *Typical restrictions: number of opened sectors, JV requirement,
limits on foreign-owned shares, permission requirement
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Country Limitation of market
access*
Country Limitation of
market access*
Malaysia medium Myanmar high
Indonesia medium Cambodia medium
Philippines medium Laos medium
Singapore low India high
Thailand medium China medium
Brunei high Vietnam low

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Increasing Foreign Direct Investment
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Vietnam likely to raise $26.3b from IPOs, SOEs
divestment in next two years
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Vietnam’s super rich population is growing
faster than anywhere else….
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… and is on track to continue leading
the growth in the next decade

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Communist Vietnam Has More Millionaires
Than Capitalist Philippines
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Female Business Ownership
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11stst
in Asia,in Asia, 66thth
/53 surveyed/53 surveyed countriescountries
1818thth
in terms of women’s advancement outcomes,in terms of women’s advancement outcomes,
knowledge assets, financial access and supportingknowledge assets, financial access and supporting
entrepreneurial conditions*entrepreneurial conditions*
* Similar to Thailand, Hong Kong and Switzerland
Women hold 25% of CEO or board-level positionsWomen hold 25% of CEO or board-level positions
in Vietnam**in Vietnam**
** Far above Singapore, Myanmar and Indonesia
Source: Mastercard Index of Women Entrepreneurs 2018

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EU – Vietnam Free Trade Agreement
(EVFTA)
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EVFTA AND IPA
• On 26 June 2018, the EVFTA was divided into 2 agreements
in terms of trade and investment following the European
Court of Justice’s opinion on the EU – Singapore FTA
• The EVFTA will cover trade issues while investment
protection and dispute settlement will be under the IPA.
• Vietnam and the EU have completed the legal review of the
EVFTA while the IPA is now only at the early stage of legal
review.
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EVFTA – Comprehensive agreement
• Trade in goods
Market access for goods – tariffs
Rules of Origin
Export duties
Technical Barriers to Trade (TBT)
Sanitary and Phytosanitary Measures
Customs and Trade Facilitation
Administrative Cooperation in Customs Matters
• Services and investment:
National treatment
Liberalisation commitments / market access
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Cross-cutting issues
Dispute Settlement
Government Procurement
State Owned Enterprises & Subsidies
Intellectual Property Rights
Geographical Indications
Trade and Sustainable Development
Cooperation and Capacity building
Annexes (car; green tech and pharma)

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EVFTA – Main features
§ Symmetrical elimination of nearly all tariffs (over 99%)
§ Removal of almost all export duties and cap on remaining
ones
§ Services commitments going beyond GATS
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EVFTA – Tariff Liberalization
• Tariff liberlization:
– 99% of tariffs both value and number of tariff lines
– After 7 years for EU
– Vietnam 10 years
• Coverage at entry into force:
– 71% of value of Vietnamese exports / 84% tariff lines
– 65% value of EU exports / 49% tariff lines
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EVFTA – Benefits for Vietnam
• Vietnam’s annual economic expansions rate may grow an additional 15%
every year
• Tariffs for most of Vietnamese export product to the EU will gradually
reduce to 0% and Vietnam’s export to EU is expected to grow about 35%
for next few years
• The real wages of skilled laborers may increase by up to 12% while real
salary of common workers may rise by 13%
• The EVFTA is the legal framework for a more stable relationship in bilateral
trade for Vietnam when competing in the international market
• The EVFTA will generate greater effects, e.g. increased quality of investment
flows from EU, acceleration of the process of sharing expertise and transfer
of green technology and the creation of more employment activities
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EVFTA – Benefits for the European Union
• 23 of the 27 member states of the EU (UK not included)
are trade partners of Vietnam
• Improvement of intellectual property rights
• Higher level of security over EU’s investment in Vietnam
• Better access to EU’s second important trading partner in
ASEAN
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Government Procurement
• Average government procurement in the EU is about 16%
• Vietnam has one of the highest government procurement
rates of all countries worldwide (with about 39%)
• Vietnam is not a member of the Government Procurement
Agreement of the WTO
• Vietnam undertakes to transparency and procedural fairness
regulations
• Investors will get access to a huge market of government
procurement
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Conflict Resolution
• IPA secures a modern reformed investment dispute resolution
standard
• A standing international and fully independent investment tribunal
will be competent to all conflicts about investment protection
provisions (5 year transitional period for Vietnam)
• UNCITRAL rules on transparency in treaty-based investor-state
arbitration are implemented which guarantees a high standard of
juridical transparency
• The decisions of the tribunal are enforceable and cannot be
questioned by local jurisdiction
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Opportunities and challenges in some
specific sectors
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Automotive
• Almost fully liberalization of EU machinery and appliances exports
• EU exported car parts will be duty free after seven years
• Cars and motorcycles will be duty free after ten years
• 3 years after the FTA comes into effect, Vietnam will accept UNECE
(standards adopted from the EU, U.S., Russia and many other states
which settle e.g. Worldwide harmonized Light vehicle Test Procedures)
certification without any further testing requirements
• Demand for automobiles in Vietnam is at no other time set to surge like
this moment
• Vietnam is going to be the new production hub in Asia for the machinery
and especially automotive tier two manufacturing industry where several
German and European automotive companies already experienced their
own success story
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Pharmaceutical Products
• Already 8% of EU exports to Vietnam (2015)
• Improvement of intellectual property right
• Simplification of marketing authorization
• Centralized procurement system for pharmaceuticals
which will legally secure market access
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Alcoholic Beverages
• Geographical Indications will be better protected
• Tariffs for alcoholics will be reduced after 7 or 10
years
• Vietnam removed /decreased restrictions in
manufacturing of beverages
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Challenges
• As the market will be much more open, a high level of
competitiveness will reach Vietnam’s companies
• Especially the sellers of electrical products, cars,
motorcycles and machinery will get to know a new level
of business competition
• The challenge will be to maintain and improve the
standards of labor rights, environmental protection and
sustainability even though the price pressure will increase
• The income from tariffs will be reduced
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Impacts
• EVFTA will make trading more transparent and
competitive
• It will be much easier for investors to access new
markets in Vietnam
• A high quality standard is settled
• Intellectual property will be safer
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MARKET ACCESS COMPARISON OF
CERTAIN COMMERCIAL SECTORS IN
THE WTO, AEC, EVFTA
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Notes regarding the market access
commitments
• The WTO, AEC and EVFTA take a positive approach,
meaning what is open to foreign investment is listed.
• In WTO Market Access Service Sector the principle applies:
Who does not ask and demand might not get the market
access for investment. There is NO Automatic Right for
Market Access for the WTO members in the WTO Services
Sectors in principle.
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Distribution sector
WTO / AFAS EVFTA
The establishment of outlets for retail
services (beyond the first one) shall
be allowed on the basis of an
Economic Needs Test (ENT)
Same as in the WTO / AFAS but
added the following:
In case of establishing an outlet less
than 500m2 within the area planned
for trading activities and already
completed construction of
infrastructure, ENT is not required.
5 years from the date of entry into
force of the Agreement, the
requirement of the ENT will be
abolished.
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Transport Services
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Maritime Transport
WTO =
AFAS
EVFTA
Internal Waterways Transport
WTO
AFAS =
EVFTA
Low High

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Transport
Sub-sectors WTO AFAS EVFTA
Maritime transport
services
Mode 3 MA: joint
venture with
maximum 49%
foreign ownership
Same as WTO Mode 3 MA: joint
venture with maximum
70% foreign ownership
Internal Waterways
transport
+ Passenger
transport
+ Freight transport
Mode 1: No
commitment
Mode 3: joint
venture with
maximum 49%
foreign ownership
Mode 1: No restriction
Mode 3: joint venture
with maximum 51%
foreign ownership
Same as AFAS
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* Mode 1: cross-border supply
Mode 3: commercial presence

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Securities services
WTO/ AFAS EVFTA
Commitments on 6 sub-sectors
Mode 3:
foreign securities service suppliers are
permitted to establish representative
offices and joint ventures with
maximum foreign ownership of 49%.
After 5 years from the date of accession,
securities service suppliers with 100%
foreign-invested capital shall be
permitted.
Same commitments in 6 sub-sectors
Commitments on 2 additional services:
Provision and transfer of financial data
processing; and credit reference and
analysis.
Mode 3: Same as the WTO/ AFAS
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Telecommunication Services
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Sub-sectors WTO/ AFAS EVFTA
Non facilities-based services
Other services - Virtual
Private Network (VPN)
Mode 3: Joint venture with
maximum 65% foreign
ownership
Mode 3: Joint venture with
maximum 70% foreign
ownership
Mode 3: Upon entry into force,
Joint venture with maximum
65% foreign ownership
5 years from the date of entry
into force of the Agreement, this
capital limitation will be 75%.
Mode 3: Upon entry into force,
Joint venture with maximum
70% foreign ownership
5 years from the date of entry
into force of the Agreement, this
capital limitation will be 75%.

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Conclusion
• EVFTA and IPA will open a more secure and
transparent investment and trading market supported
by a new dispute resolution system
• European investors get access to a group of 90 million
consumers and a young and dynamic workforce
• Vietnam will reduce many of its strict regulations and
opens up; it will get the chance to establish itself as a
worldwide trading partner and will get more
independent from China
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INVEST IN VIETNAM NOW!!!
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Questions & Answers
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DUANE MORRIS VIETNAM LLC
Thank you very much!
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Fax: +84 4 3946 1311 Fax: +84 8 3824 0241
Contact email:
omassmann@duanemorris.com
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References (1)
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References (2)
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References (3)
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