Common use of Allocation and use of scarce resources Clause in Contracts

Allocation and use of scarce resources. Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required. LIST OF EXEMPTIONS UNDER ACFTA35 Sectors or sub-sectors Description of measures (to be applied to sector) Countries to which the measures applied Intended duration Conditions creating the need for the exemptions All sectors Commercial presence. Measures extending preferential treatment pursuant to bilateral investment treaties. All countries that have signed bilateral investment treaties with Viet Nam. Indefinite Xxxxxx investment in Viet Nam. Audiovisual services - Production, distribution and projection of television programmes and cinematographic works. Measures based upon co- production agreements of audiovisual works, which confer National Treatment to audiovisual works covered by such agreements. Parties with which such bilateral or plurilateral agreements are in force, now or in the future. Indefinite The aim of these agreements is to promote cultural links between the countries concerned. Audiovisual services - Production and distribution of television programmes and cinematographic works. Measures granting the benefit of support programmes to audiovisual works, and suppliers of such works meeting origin criteria. Parties with which bilateral and plurilateral agreements have been signed in the area of cultural cooperation. Indefinite These programmes aim at preserving and promoting the cultural identity of countries with which Viet Nam has long-standing cultural links. 35 Measures indicated in the list shall be exempted from all obligations and treatment of specific commitments under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China Sectors or sub-sectors Description of measures (to be applied to sector) Countries to which the measures applied Intended duration Conditions creating the need for the exemptions Audiovisual services - Production and distribution of audiovisual works through broadcasting transmission to the public. Measures which extend National Treatment to audiovisual works which meet certain origin criteria regarding access to broadcasting transmission. Parties with which bilateral or plurilateral agreements have been concluded in the area of cultural cooperation. Indefinite These measures aim, within the sector, to promote cultural values both within Viet Nam, and with other countries, including in the region. Maritime transport. Measures based upon agreements covering the normal business operations of fully owned subsidiaries of foreign shipping companies. All Parties with whom maritime transport cooperation may be desirable. 5 years Bilateral Agreements.

Allocation and use of scarce resources. Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-non- discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required. VIET NAM - SCHEDULE OF SPECIFIC COMMITMENTS Page 54 For the 3rd Package of Commitments under ASEAN - China FTA Trade in Services LIST OF EXEMPTIONS UNDER ACFTA35 ACFTA34 Sectors or sub-sectors Description of measures (to be applied to sector) indicating its inconsistency with Article II Countries to which the measures applied Intended duration Conditions creating the need for the exemptions MFN exemption All sectors Commercial presence. Measures extending preferential treatment pursuant to bilateral investment treaties. All countries that have signed bilateral investment treaties with Viet Nam. Indefinite Xxxxxx investment in Viet Nam. Audiovisual services - Production, distribution and projection of television programmes and cinematographic works. Measures based upon co- co-production agreements of audiovisual works, which confer National Treatment to audiovisual works covered by such agreements. Parties WTO Members with which such bilateral or plurilateral agreements are in force, now or in the future. Indefinite The aim of these agreements is to promote cultural links between the countries concerned. Audiovisual services - Production and distribution of television programmes and cinematographic works. Measures granting the benefit of support programmes to audiovisual works, and suppliers of such works meeting origin criteria. Parties WTO Members with which bilateral and plurilateral agreements have been signed in the area of cultural cooperation. Indefinite These programmes aim at preserving and promoting the cultural identity of countries with which Viet Nam has long-standing cultural links. 35 Measures indicated in the list shall be exempted from all obligations and treatment of specific commitments under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China Sectors or sub-sectors Description of measures (to be applied to sector) Countries to which the measures applied Intended duration Conditions creating the need for the exemptions Audiovisual services - Production and distribution of audiovisual works through broadcasting transmission to the public. Measures which extend National Treatment to audiovisual works which meet certain origin criteria regarding access to broadcasting transmission. Parties WTO Members with which bilateral or plurilateral agreements have been concluded in the area of cultural cooperation. Indefinite These measures aim, within the sector, to promote cultural values both within Viet Nam, and with other countries, including in the region. Maritime transport. Measures based upon agreements covering the normal business operations of fully owned subsidiaries of foreign shipping companies. All Parties WTO Members with whom maritime transport cooperation may be desirable. 5 years Bilateral Agreements.. 34 Measures indicated in the list shall be exempted from all obligations and treatment of specific commitments under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China. VIET NAM - SCHEDULE OF SPECIFIC COMMITMENTS For the 3rd Package of Commitments under ASEAN - China FTA Trade in Services Sectors or sub-sectors Description of measures (to be applied to sector) indicating its inconsistency with Article II Countries to which the measures applied Intended duration Conditions creating the need for the MFN exemption

Allocation and use of scarce resources. Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required. LIST OF EXEMPTIONS UNDER ACFTA35 Sectors or sub-sectors Description of measures (to be applied to sector) Countries to which the measures applied Intended duration Conditions creating the need for the exemptions All sectors Commercial presence. Measures extending preferential treatment pursuant to bilateral investment treaties. All countries that have signed bilateral investment treaties with Viet Nam. Indefinite Xxxxxx investment in Viet Nam. Audiovisual services - Production, distribution and projection of television programmes and cinematographic works. Measures based upon co- production agreements of audiovisual works, which confer National Treatment to audiovisual works covered by such agreements. Parties with which such bilateral or plurilateral agreements are in force, now or in the future. Indefinite The aim of these agreements is to promote cultural links between the countries concerned. Audiovisual services - Production and distribution of television programmes and cinematographic works. Measures granting the benefit of support programmes to audiovisual works, and suppliers of such works meeting origin criteria. Parties with which bilateral and plurilateral agreements have been signed in the area of cultural cooperation. Indefinite These programmes aim at preserving and promoting the cultural identity of countries with which Viet Nam has long-standing cultural links. 35 Measures indicated in the list shall be exempted from all obligations and treatment of specific commitments under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China Sectors or sub-sectors Description of measures (to be applied to sector) Countries to which the measures applied Intended duration Conditions creating the need for the exemptions Audiovisual services - Production and distribution of audiovisual works through broadcasting transmission to the public. Measures which extend National Treatment to audiovisual works which meet certain origin criteria regarding access to broadcasting transmission. Parties with which bilateral or plurilateral agreements have been concluded in the area of cultural cooperation. Indefinite These measures aim, within the sector, to promote cultural values both within Viet Nam, and with other countries, including in the region. Maritime transport. Measures based upon agreements covering the normal business operations of fully owned subsidiaries of foreign shipping companies. All Parties with whom maritime transport cooperation may be desirable. 5 years Bilateral Agreements.. 35 Measures indicated in the list shall be exempted from all obligations and treatment of specific commitments under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China Sectors or sub-sectors Description of measures (to be applied to sector) Countries to which the measures applied Intended duration Conditions creating the need for the exemptions

Allocation and use of scarce resources. Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required. LIST OF EXEMPTIONS UNDER ACFTA35 ACFTA34 Sectors or sub-sectors Description of measures (to be applied to sector) Countries to which the measures applied Intended duration Conditions creating the need for the exemptions All sectors Commercial presence. Measures extending preferential treatment pursuant to bilateral investment treaties. All countries that have signed bilateral investment treaties with Viet Nam. Indefinite Xxxxxx investment in Viet Nam. Audiovisual services - Production, distribution and projection of television programmes and cinematographic works. Measures based upon co- production agreements of audiovisual works, which confer National Treatment to audiovisual works covered by such agreements. Parties with which such bilateral or plurilateral agreements are in force, now or in the future. Indefinite The aim of these agreements is to promote cultural links between the countries concerned. Audiovisual services - Production and distribution of television programmes and cinematographic works. Measures granting the benefit of support programmes to audiovisual works, and suppliers of such works meeting origin criteria. Parties with which bilateral and plurilateral agreements have been signed in the area of cultural cooperation. Indefinite These programmes aim at preserving and promoting the cultural identity of countries with which Viet Nam has long-long- standing cultural links. 35 Measures indicated in the list shall be exempted from all obligations and treatment of specific commitments under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China Sectors or sub-sectors Description of measures (to be applied to sector) Countries to which the measures applied Intended duration Conditions creating the need for the exemptions Audiovisual services - Production and distribution of audiovisual works through broadcasting transmission to the public. Measures which extend National Treatment to audiovisual works which meet certain origin criteria regarding access to broadcasting transmission. Parties with which bilateral or plurilateral agreements have been concluded in the area of cultural cooperation. Indefinite These measures aim, within the sector, to promote cultural values both within Viet Nam, and with other countries, including in the region. Maritime transport. Measures based upon agreements covering the normal business operations of fully owned subsidiaries of foreign shipping companies. All Parties with whom maritime transport cooperation may be desirable. 5 years Bilateral Agreements.. 34 Measures indicated in the list shall be exempted from all obligations and treatment of specific commitments under the Agreement on Trade in Services of the Framework Agreement on Comprehensive Economic Cooperation between the Association of Southeast Asian Nations and the People’s Republic of China Sectors or sub-sectors Description of measures (to be applied to sector) Countries to which the measures applied Intended duration Conditions creating the need for the exemptions