MOIT VIETNAM | Vietnamese ministries and sectors coordinate to deploy ATISA
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Vietnamese ministries and sectors coordinate to deploy ATISA
On October 18, 2021, the Vietnamese Government issued Resolution No. 131/NQ-CP approving the ASEAN Trade in Services Agreement (ATISA). At the same time, the Ministry of Planning and Investment is assigned to assume the prime responsibility for, and coordinate with relevant ministries and agencies in, organizing the implementation of the agreement after it comes into force.
Accordingly, the agencies shall coordinate to develop a List of Incompatible Measures (NCM) on the basis of the 10th Package of Service Commitments (ASEAN Framework Agreement on Services), ensuring the rights and interests of Vietnam and Vietnam. Vietnam's commitments to ASEAN; proactively review, amend and supplement legal documents to implement the ATISA Agreement.
The ATISA Agreement was signed by the Economic Ministers of 7 ASEAN member countries on April 23, 2019 within the framework of the 25th ASEAN Economic Ministers Meeting (AEM Retreat). After that, ATISA was signed by Myanmar (August 3, 2019) and Vietnam (September 9, 2019). The Philippines was the last ASEAN member to sign ATISA on October 7, 2020. ATISA is considered a new step in the process of ASEAN service integration. When it comes into force, this Agreement will replace the ASEAN Framework Agreement on Services (AFAS) in effect since 1995, and deepen the integration and liberalization of service industries in the region. ATISA is expected to promote trade in services in the region and improve the competitiveness of service exporters in ASEAN.
In principle, ATISA establishes frameworks for implementing liberalization commitments from AFAS, reducing barriers to discrimination among service providers, creating a strong legal foundation and transparent mechanisms for trading services in the region. ATISA adopts an "opt-out" approach whereby all service sectors are considered liberalized. A Country will then list only those sectors/subsectors that it has implemented, with measures that it considers to be contrary to its treaty obligations (also known as nonconforming measures). This is in contrast to the “choose for” approach in which a State must clearly list clear the sectors/subsectors that the country intends to liberalize.
In addition to the agreement document, ATISA also includes three industry annexes, which are; Appendix on Financial Services, Appendix on Telecommunications Services; and Appendix on Air Transport Ancillary Services. These annexes include industry-specific obligations to deepen commitments and strengthen regulatory cooperation. The Agreement also contains Annexes I and II containing the List of Nonconforming Measures of each ATISA member country, which will be determined by each ATISA member country and submitted to the ASEAN Secretariat within 5 years, 7 years, 13 years depending on the country’s the entry into force of the ATISA.
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