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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
71/2006/NQ-QH11
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Hanoi,
November 29, 2006
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RESOLUTION
RATIFYING THE
PROTOCOL OF ACCESSION OF THE SOCIALIST REPUBLIC OF VIETNAM TO THE AGREEMENT
ESTABLISHING THE WORLD TRADE ORGANIZATION
THE NATIONAL ASSEMBLY OF THE
SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Article 84 of the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth
National Assembly, the 10th session;
Pursuant to the Law on Conclusion of, Accession to, and Implementation of
Treaties;
At the proposal of the State President in Report No. 05 TTr/CTN of November 16,
2006, to the National Assembly on the ratification of the Protocol of Accession
of the Socialist Republic of Vietnam to the Agreement Establishing the World
Trade Organization;
After considering the Government's Report No. 155/TTr-CP of November 22, 2006,
to the National Assembly, the National Assembly's External Affairs Committee's
Examination Report No. 2410/UBDN of November 27, 2006, and opinions of National
Assembly deputies;
DECIDES:
1. To ratify the Protocol of Accession of the
Socialist Republic of Vietnam to the Agreement Establishing the World Trade
Organization (WTO), which was concluded on November 7, 2006, in Geneva,
Switzerland (hereinafter referred to as the Protocol).
2. To apply directly Vietnam's commitments
stated in the Annex to this Resolution and other WTO commitments that are
adequately detailed and clear in the Protocol, attached annexes and the Report
of the Working Party on the Accession of Vietnam to the Agreement Establishing
the WTO.
If the provisions of Vietnamese law are
inconsistent with the provisions of the Agreement Establishing the WTO, the
Protocol and attached documents, the provisions of the Agreement, the Protocol
and attached documents prevail.
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a/ To review Vietnam's WTO commitments that are
adequately detailed and clear in the Protocol, attached annexes and the Report
of the Working Party on the Accession of Vietnam to the Agreement Establishing
the WTO but are not specified in the Annex attached to this Resolution for
direct application and reporting to the National Assembly Standing Committee;
b/ To review legal documents before submitting
them to the National Assembly and the National Assembly Standing Committee for
amendment, supplementation or promulgation; to amend, supplement or promulgate
legal documents falling under their competence in consistency with Vietnam's
WTO commitments;
c/ On the basis of the assessment of
opportunities, challenges, advantages and difficulties and impacts of Vietnam's
accession to the WTO to elaborate specific programs and plans of action and
organize the implementation of Vietnam's WTO commitments, serving the national
socio-economic development and stepping up the profound and broad integration
into the world economy.
4. The Government shall carry out external
procedures for ratification of the Protocol of Accession of the Socialist
Republic of Vietnam to the Agreement Establishing the WTO.
5. The Government shall coordinate with the
Central Committee of the Vietnam Fatherland Front and direct concerned central
and local agencies and organizations in well performing communication and
information work in order to create a uniformity in awareness and action of all
the people at home as well as overseas about Vietnam's WTO accession.
6. The National Assembly Standing Committee, the
Nationality Council, the Committees of the National Assembly, the delegations
of National Assembly deputies and National Assembly deputies shall, within the
ambit of their respective tasks and powers, supervise the implementation of
this Resolution.
This Resolution was adopted on November 29,
2006, by the XIth National Assembly of the Socialist Republic of Vietnam at its
10th session.
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ANNEX
CONTENTS
OF DIRECT APPLICATION OF VIETNAMS COMMITMENTS
(Attached to the National Assemblys Resolution No. 71/2006/QH11 of November
29, 2006)
Ordinal
number
Names
of documents
WTO
commitments
Contents
of application
1.
Law No. 60/2005/QH11 the Law
on Enterprises
Articles 51, 52, 103 and 104
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A limited liability company or
a joint-stock company may provide in its charter the following contents:
1. Required number of
representatives to convene a meeting and mode of adopting a decision of the
Members Council or the Shareholders General Meeting;
2. Issues falling under the
deciding competence of the Members Council or the Shareholders General
Meeting;
3. Required majority
percentage of votes (including the percentage of 51%) to adopt decisions of
the Members Council or the Shareholders General Meeting.
2.
Law No. 65/2006/QH11 the Law
on Lawyers
Article 69, Clause 1
Commitment on legal services
in the schedule of commitments on trade in services
Foreign lawyers organizations
may practice in Vietnam in the following forms:
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b/ Limited liability law firms
with 100% of foreign capital, limited liability law firms in form of
joint-venture or partnership between foreign lawyers organization and
Vietnamese law partnerships (hereinafter collectively referred to as foreign
law firms)
Article 70
Commitment on legal services
in the schedule of commitments on trade in service
Branches and foreign law firms
practicing in Vietnam may provide legal consultancy and other legal services,
may neither nominate foreign lawyers and Vietnamese lawyers being their
staffs to participate in legal proceedings in capacity as representatives,
defense counsels, protectors of legitimate rights and benefits of the
concerned parties before Vietnamese courts nor provide services on legal
papers and notarization relevant to Vietnamese law, may nominate Vietnamese
lawyers being their staffs to provide consultancy on Vietnamese law
Article 72, Clause 1
Commitment on legal services
in the schedule of commitments on trade in service
A limited liability law firm
with 100% of foreign capital is a lawyers organization established in Vietnam
by one or more foreign lawyers organizations.
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A law partnership is a lawyers
partnership between foreign lawyers organization(s) and Vietnamese law
partnership(s).
Article 76
Commitment on legal services
in the schedule of commitments on trade in service
Foreign lawyers practicing in
Vietnam may provide consultancy on foreign laws and international laws and
other legal services related to foreign laws. Those who possess the bachelor
degree in Vietnamese law and fully satisfy the requirements provided for
Vietnamese lawyers may provide consultancy on Vietnamese law but may not
participate in legal proceedings in capacity as representatives, defense
counsels or protectors of legitimate rights and benefits of the concerned
parties before Vietnamese courts.
3.
Law No. 24/2000/QH10 the Law
on Insurance Business
Article 9, Clause 2
Commitment on insurance
services in the schedule of commitments on trade in service
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4.
The 1996 Law on Promulgation
of Legal Documents and Law No. 02/2002/QH11 Amending and Supplementing a
Number of Articles of the Law on Promulgation of Legal Documents
Commitment on transparency in
the Report of the Working Party
Clause 2, Article 3 of the
1996 Law on Promulgation of Legal Documents, which was amended and
supplemented under Law No. 02/2002/QH11 of December 16, 2002 Amending and
Supplementing a Number of Articles of the Law on Promulgation of Legal
Documents
Sections 509 and 519 in the
Report of the Working Party
In the process of elaboration
of legal documents, concerned agencies and organizations shall create
conditions for agencies, organizations and individuals to make their comments
on draft legal documents; organize the collection of comments from those who
are directly affected by those documents. Drafting agencies shall publish
draft legal documents of the National Assembly, the National Assembly
Standing Committee and the Government on the website of the Government for
collecting comments of agencies, organizations and individuals on those
documents within 60 days from the date of publication.
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Sections 507, 508, 509 and 519
in the Report of the Working Party
Legal documents of
central-level state agencies must be published in CONG BAO and concurrently
on the website of the Government and may be reported on the mass media,
except for documents involving state secrets
Article 75 of the 1996 Law on
Promulgation of Legal Documents, which was amended and supplemented under Law
No. 02/2002/QH11 of December 16, 2002 Amending and Supplementing a Number of
Articles of the Law on Promulgation of Legal Documents
Sections 507, 508, 509 and 519
in the Report of the Working Party
1. Legal document-promulgating
agencies shall clearly stipulate state the effective date of a document right
in that document.
2. The stipulation of
effective date of a legal document must ensure the reasonability in order to
facilitate the preparation for the enforcement of that document by agencies,
organizations and entities directly affected by that document.
3. The effective date of a
legal document issued by a central-level state agency must not be less than
15 days after its publication in CONG BAO, except in emergency circumstances.
5.
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Articles 26 and 33
Section 397 in the Report of
the Working Party
Broadcasting organizations
that use published works, phonograms or video recordings in their broadcasts
are not required to ask for permission but shall pay royalties or
remunerations to copyright or related rights holders
6.
Law No. 62/2006/QH11 the Law
on Cinematography
Article 30
Commitment on cancellation of
film import quotas (from Section 200 thru Section 227) in the Report of the
Working Party
No limitation on quantity of
films to be imported.