THE PEOPLE'S REPUBLIC OF CHINAAsean-China Agreement on Trade in Services • February 18th, 2021
BRUNEI DARUSSALAMAsean-China Agreement on Trade in Services • March 13th, 2009
SINGAPOREAsean-China Agreement on Trade in Services • March 13th, 2009
MYANMARAsean-China Agreement on Trade in Services • March 13th, 2009
MALAYSIAAsean-China Agreement on Trade in Services • March 13th, 2009
THAILANDAsean-China Agreement on Trade in Services • March 13th, 2009
LAO PDRAsean-China Agreement on Trade in Services • March 13th, 2009
VIET NAMAsean-China Agreement on Trade in Services • March 13th, 2009
THE PHILIPPINESAsean-China Agreement on Trade in Services • September 22nd, 2008
Sector/subsector Limitations on Market Access Limitations on National Treatment Additional Commitments HORIZONTAL SECTION All Sectors included in this Schedule 3) In Activities Expressly Reserved by Law to Citizens of the Philippines (i.e., foreign equity is limited to a minority share): The participation of foreign investors in the governing body of any corporation engaged in activities expressly reserved to citizens of the Philippines by law shall be limited to the proportionate share of foreign capital of such entities. All executive and managing officers must be citizens of the Philippines. Acquisition of Land All lands of the public domain are owned by the State. Only citizens of the Philippines or corporations or associations at least 60 per cent of whose capital is owned by such citizens may own land other than public lands and acquire public lands through lease Foreign investors may lease only private lands. 3) Access to Domestic Credit A foreign firm, engaged in non- manuf
ASEAN-CHINA AGREEMENT ON TRADE IN SERVICES ANNEX 2/SC3 VIET NAM Schedule of Specific Commitments AC-TIS/SC3/VIEAsean-China Agreement on Trade in Services • December 27th, 2019
Sector or Subsector Limitation onMarket Access Limitation onNational Treatment AdditionalCommitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE (3) None, except:Unless otherwise specified in each specific sector or sub-sector of this Schedule, foreign enterprises are allowed to establish commercial presence in Viet Nam in the form of business co-operation contract1, joint venture enterprise, 100% foreign- invested enterprise.Representative offices of foreign service suppliers are permitted to be established in Viet Nam, but they shall not engage in any direct profit-making activities2.Unless otherwise indicated in each specific sector or sub-sector of this Schedule, the establishment of branchesis unbound. (3) None, except: Eligibility for subsidies may be limited to Vietnamese service suppliers, i.e. to juridical persons established within the territory of Viet Nam, or a part thereof. The granting of one-time subsidization to promote and facilitate the process o
INDONESIAAsean-China Agreement on Trade in Services • December 27th, 2019
Sector or Subsector Limitation onMarket Access Limitation onNational Treatment AdditionalCommitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE (3) Commercial Presence of the foreign service provider(s) may be in the form of joint venture and/or representative office, unless mentioned otherwise. Joint venture should meet the following requirements:(i) should be in the form of Limited Liability Enterprise (Perseroan Terbatas/PT), (ii) not more than 49% of the capital share of the Limited Liability Enterprise (Perseroan Terbatas/PT), may be owned by foreign partner(s). (3) Land AcquisitionUndang-Undang Pokok Agraria (Land Law) No. 5 of 1960 stipulates that no foreigners (juridical and natural persons) are allowed to own land.However, a joint venture enterprise could hold the right for land use (Hak Guna Usaha) and building rights (Hak Guna Bangunan), and they may rent/lease land and property. Any juridical and natural persons should meet professional qualification re
MYANMARAsean-China Agreement on Trade in Services • December 27th, 2019
Sector or Subsector Limitation on Market Access Limitation on National Treatment Additional Commitments I. HORIZONTAL COMMITMENTS All Sectors ; For a service supplier of another Party who is natural person of that Party but is not national of that Party in mode 1,2,3,4: unbound All Sectors 3) (a) Commercial presence of foreign service suppliers and/or providers are permitted in accordance with Myanmar Companies Act 1914 , Partnership Act 1932, The Special Companies Act 1950, the Foreign Investment Law (2012) and existing Notifications of Myanmar Investment Commission, the ForeignInvestment Rules (2013) and Myanmar Citizens’ Investment Law (2013).As stipulated in the Foreign Investment Law (2012), the investment may be carried out in any of the following forms:(i) carrying out an investment by a foreigner with one hundred per cent foreign capital on the business permitted by the Commission;(ii) carrying out a joint venture between a foreigner and a citizen or the relevant Government dep
CAMBODIAAsean-China Agreement on Trade in Services • September 22nd, 2008
BRUNEI DARUSSALAMAsean-China Agreement on Trade in Services • December 27th, 2019
Sector or Subsector Limitation onMarket Access Limitation onNational Treatment AdditionalCommitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE (3) Unbound for measures concerning foreign equity or interest in companies established or wishing to establish a commercial presence (3) With respect to existing commercial presence:- One of the 2 directors or where there are more than 2 directors at least 2 of them shall be ordinarily resident in Brunei Darussalam.- All companies incorporated outside Brunei Darussalam which establish or have established a place of business in Brunei Darussalam must have one or more locally resident agents to accept service of process and any service of process or any notices required to be served on the company. (4) Unbound except for measures concerning the entry and temporary presence of intra- corporate transferees at the level of managers, executives and specialists. Intra- corporate transferees refers to managers, executives and sp
LAO PDRAsean-China Agreement on Trade in Services • December 27th, 2019
Sector or Subsector Limitation onMarket Access Limitation onNational Treatment AdditionalCommitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE (1) Borrowing from abroad by banks and enterprises shall be approved by the Bank of the Lao PDR. (1) As indicated in the market access column. (2) A resident of Lao PDR who intends to invest directly or indirectly in a foreign country shall be approved by the concerned authorized organizations. The transfer of fund to be invested abroad shall be approved by the Bank of the Lao PDR. Bringing out of the Lao PDR the foreign currency more than 2,000 US$ shall be approved by the Bank of the Lao PDR. (2) As indicated in the market access column. (3) Commercial presence of foreign service suppliers can be in the following form:- A joint venture with one or more domestic Lao investors,- A wholly foreign-owned enterprise1- A branch or representative office The commercial presence of foreign service supplier shall be subject to app
THE PEOPLE'S REPUBLIC OF CHINAAsean-China Agreement on Trade in Services • December 27th, 2019
Sector or Subsector Sector or Subsector Sector or Subsector Sector or Subsector I. HORIZONTAL COMMITMENTS1 ALL SECTORS INCLUDED IN THIS SCHEDULE (3) In China, foreign invested enterprises include foreign capital enterprises (also referred to as wholly foreign-owned enterprises) and joint venture enterprises and there are two types of joint venture enterprises: equity joint ventures and contractual joint ventures.2 The proportion of foreign investment in an equity joint venture shall be no less than 25 per cent of the registered capital of the joint venture. The establishment of branches by foreign enterprises is unbound, unless otherwise indicated in specific sub-sectors, as the laws and regulations on branches of foreign enterprises are under formulation. (3) Unbound for all subsidies to domestic services suppliers except those committed by China in its WTO accession.
INDONESIAAsean-China Agreement on Trade in Services • March 13th, 2009
INDONESIAAsean-China Agreement on Trade in Services • September 22nd, 2008
SINGAPOREAsean-China Agreement on Trade in Services • June 15th, 2017
Sector or Subsector Limitation onMarket Access Limitation onNational Treatment AdditionalCommitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE (4) Presence of natural persons unbound, except for intra-corporate transferees (see below) (4) Unbound (4) Temporary movement of skilled personnel unbound except for the temporary movement of intra- corporate transferees at the level of managers, executives and specialists. Intra-corporate transferees refers to managers, executives and specialists, as defined below, who are employees of firms that provide services within Singapore through a branch, subsidiary, or affiliate established in Singapore and who have been in the prior employ of their firms outside Singapore for a period of not less than one year immediately preceding the date of their application for admission and who are one of the following:(a) Managers – persons within an organization who primarily direct the organization, or a department or sub- division of
ASEAN-CHINA AGREEMENT ON TRADE IN SERVICES ANNEX 2/SC3 CAMBODIA Schedule of Specific Commitments AC-TIS/SC3/CAM Sector or Subsector Limitation on Market Access Limitation on National Treatment Additional Commitments A. HORIZONTAL COMMITMENTS...Asean-China Agreement on Trade in Services • December 27th, 2019
CAMBODIAAsean-China Agreement on Trade in Services • March 13th, 2009
INDONESIAAsean-China Agreement on Trade in Services • November 9th, 2011
Sector or Subsector Limitation onMarket Access Limitation onNational Treatment AdditionalCommitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE (3) Commercial Presence of the foreign service provider(s) may be in the form of joint venture and/or representative office, unless mentioned otherwise. Joint venture should meet the following requirements:(i) should be in the form of Limited Liability Enterprise (Perseroan Terbatas/PT), (ii) not more than 49% of the capital share of the Limited Liability Enterprise (Perseroan Terbatas/PT), may be owned by foreign partner(s). (3) Land AcquisitionUndang-Undang Pokok Agraria (Land Law) No. 5 of 1960 stipulates that no foreigners (juridical and natural persons) are allowed to own land.However, a joint venture enterprise could hold the right for land use (Hak Guna Usaha) and building rights (Hak Guna Bangunan), and they may rent/lease land and property. Any juridical and natural persons should meet professional qualification re
Asean China Agreement On Trade In ServicesAsean-China Agreement on Trade in Services • July 26th, 2021
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EXPLANATORY NOTESAsean-China Agreement on Trade in Services • June 15th, 2017
LAO PDRAsean-China Agreement on Trade in Services • November 9th, 2011
Sector or Subsector Limitation onMarket Access Limitation onNational Treatment AdditionalCommitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE (1) Borrowing from abroad by banks and enterprises shall be approved by the Bank of the Lao PDR. (1) As indicated in the market access column. (2) A resident of Lao PDR who intends to invest directly or indirectly in a foreign country shall be approved by the concerned authorized organizations. The transfer of fund to be invested abroad shall be approved by the Bank of the Lao PDR. Bringing out of the Lao PDR the foreign currency more than 2,000 US$ shall be approved by the Bank of the Lao PDR. (2) As indicated in the market access column. (3) Commercial presence of foreign service suppliers can be in the following form:- A joint venture with one or more domestic Lao investors,- A wholly foreign-owned enterprise1- A branch or representative office (3) Foreign service suppliers in the Lao PDR may lease land within the Lao
THAILANDAsean-China Agreement on Trade in Services • November 9th, 2011
Sector or Subsector Limitation on Market Access Limitation on National Treatment Additional Commitments I. HORIZONTAL COMMITMENTS All Sectors ; For a service supplier of another Party who is natural person of that Party but is not national of that Party in mode 1,2,3,4: unbound (3) In the case of the supply of services through commercial presence, only juridical persons of another Party owned and controlled by persons of any Party may benefit from Thailand’s commitments. Unless otherwise specified at the sector- specific level, commercial presence in sectors or subsectors in this schedule is permitted only through a limited liability company which is registered in Thailand and which meets the following conditions: (a) Foreign equity participation must not exceed 49 per cent of the registered capital; and(b) The number of foreign shareholders must be less than half of the total number of shareholders of the company concerned. (4) Unless otherwise specified at the sector-specific level
MYANMARAsean-China Agreement on Trade in Services • November 9th, 2011
implications as financial arrangements security risk involved and compliance with existing conditions. (b) Incorporation of an enterprise, not involving the state enterprise is to be made under the Myanmar Companies Act 1914. Minimum share Capital requirements for companies and branches are as follows,- Service Company- equivalent of K300,000 in USD.- Industrial Company-equivalent of K 1000,000 in USD. Under this Law;If the investment involves a state enterprise, incorporation shall be made under the Myanmar Companies Act 1914, Partnership Act 1932, Myanmar Company Rules 1940, Special Company Act (1950), Special Company Act (Amendment) Act, 1955, 1959 . (c) According to the Land Nationalization Act 1953 and the Transfer of Immoveable Property Restriction Law (1987), foreign organizations and persons are not allowed toown land in Myanmar. State is - Payments made by 3.5% foreign entrepreneur orforeign company for receiving executing works and purchasing of goods locally under a contra
BRUNEI DARUSSALAMAsean-China Agreement on Trade in Services • November 9th, 2011
Sector or Subsector Limitation onMarket Access Limitation onNational Treatment AdditionalCommitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE (3) Unbound for measures concerning foreign equity or interest in companies established or wishing to establish a commercial presence (3) Unbound except with respect to existing commercial presence: half of the board members of a public company and half the directors of a private company must be nationals or residents of Brunei Darussalam. All companies incorporated outside Brunei Darussalam which establish or have established a place of business in Brunei Darussalam must have one or more locally resident agents to accept service of process and any service of process or any notices required to be served on the company. (4) Unbound except for measures concerning the entry and temporary presence of intra- corporate transferees at the level of managers, executives and specialists. Intra-corporate transferees refers to manage
ASEAN-CHINA AGREEMENT ON TRADE IN SERVICES ANNEX 1/SC1Asean-China Agreement on Trade in Services • September 17th, 2020
All Sectors included in this Schedule In Activities Expressly Reserved by Law to Citizens of the Philippines (i.e., foreign equity is limited to a minority share): The participation of foreign investors in the governing body of any corporation engaged in activities expressly reserved to citizens of the Philippines by law shall be limited to the proportionate share of foreign capital of such entities. All executive and managing officers must be citizens of the Philippines. Acquisition of Land All lands of the public domain are owned by the State. Only citizens of the Philippines or corporations or associations at least 60 per cent of whose capital is owned by such citizens may own land other than public lands and acquire public lands through lease Foreign investors may lease only private lands. Entry and Temporary Stay of Natural Persons Supplying Services Non-resident alien may be admitted to the Philippines for the supply of a service after a determination of the non-ava
MALAYSIAAsean-China Agreement on Trade in Services • November 9th, 2011
research equipment and techniques or management. Additional specialists or experts may be allowed subject to market test and the training of Malaysians through an acceptable training programme in the relevant services sector or subsector:Provided that such persons are employees of the foreign service supplier and have been in the employment of that foreign service supplier for a period of not less than one year immediately preceding the date of their application for a work permit and he is to serve in at least a similar capacity.2. Others(a) specialists or experts being persons who possess knowledge at an advanced level of continued expertise and subject to market test and the employment of Malaysians as counterparts and/or training of Malaysians through acceptable training programmes in the relevant services sector or subsector;(b) professionals being persons who possess necessary
THE PHILIPPINESAsean-China Agreement on Trade in Services • March 13th, 2009
Sector/subsector Limitations on Market Access Limitations on National Treatment Additional Commitments HORIZONTAL SECTION All Sectors included in this Schedule 3) In Activities Expressly Reserved by Law to Citizens of the Philippines (i.e., foreign equity is limited to a minority share): The participation of foreign investors in the governing body of any corporation engaged in activities expressly reserved to citizens of the Philippines by law shall be limited to the proportionate share of foreign capital of such entities. All executive and managing officers must be citizens of the Philippines. Acquisition of Land All lands of the public domain are owned by the State. Only citizens of the Philippines or corporations or associations at least 60 per cent of whose capital is owned by such citizens may own land other than public lands and acquire public lands through lease Foreign investors may lease only private lands. 3) Access to Domestic Credit A foreign firm, engaged in non- manuf
THE PEOPLE'S REPUBLIC OF CHINAAsean-China Agreement on Trade in Services • November 9th, 2011
Sector or Subsector Limitation onMarket Access Limitation onNational Treatment AdditionalCommitments I. HORIZONTAL COMMITMENTS1 ALL SECTORS INCLUDED IN THIS SCHEDULE (3) In China, foreign invested enterprises include foreign capital enterprises (also referred to as wholly foreign-owned enterprises) and joint venture enterprises and there are two types of joint venture enterprises: equity joint ventures and contractual joint ventures.2 The proportion of foreign investment in an equity joint venture shall be no less than 25 per cent of the registered capital of the joint venture. The establishment of branches by foreign enterprises is unbound, unless otherwise indicated in specific sub-sectors, as the laws and regulations on branches of foreign enterprises are under formulation. (3) Unbound for all the existing subsidies to domestic services suppliers in the sectors of audio- visual, aviation and medical services. Unbound for all the existing subsidies to domestic services suppliers in t
PHILIPPINESAsean-China Agreement on Trade in Services • November 9th, 2011
Sector or Subsector Limitation onMarket Access Limitation onNational Treatment AdditionalCommitments I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE (3) In Activities Expressly Reserved by Law to Citizens of the Philippines (i.e., foreign equity is limited to a minority share): The participation of foreign investors in the governing body of any corporation engaged in activities expressly reserved to citizens of the Philippines by law shall be limited to the proportionate share of foreign capital of such entities. All executive and managing officers must be citizens of the Philippines Acquisition of LandAll lands of the public domain are owned by the State. Only citizens of the Philippines or corporations or associations at least 60 per cent of whose capital is owned by such citizens may own land other than public lands and acquire public lands through lease Foreign investors may lease only private lands. Entry and Temporary Stay of Natural Persons Supplying Services Non
VIETNAMAsean-China Agreement on Trade in Services • November 9th, 2011
SECTOR OR SUBSECTOR LIMITATION ONMARKET ACCESS LIMITATION ONNATIONAL TREATMENT ADDITIONALCOMMITMENTS I. HORIZONTAL COMMITMENTS ALL SECTORS INCLUDED IN THIS SCHEDULE (3) None, except: Unless otherwise specified in each specific sector or sub-sector of this Schedule, foreign enterprises are allowed to establish commercial presence in Viet Nam in the form of business co-operation contract1, joint venture enterprise, 100% foreign-invested enterprise. Representative offices of foreign service suppliers are permitted to be established in Viet Nam, but they shall not engage in any direct profit-making activities2.Unless otherwise indicated in each specific sector or sub-sector of this Schedule, the establishment of branches is unbound. The conditions of ownership, operation and juridical form and scope of activities as set out in the respective licenses or other form of approval establishing or authorizing (3) None, except: Eligibility for subsidies may be limited to Vietnamese service suppli
