Financial services commitments under the ASEAN Trade in Services Agreement (ATISA) and implications for Vietnam

Abstract

ATISA represents a significant milestone in the process of liberalizing trade in services within the region. With respect to the financial sector, ATISA establishes a dedicated Annex that provides a detailed classification of financial services and sets out the commitments of ASEAN Member States concerning the liberalization of financial services. Việt Nam ratified ATISA in October 2021, undertaking a relatively high level of market access commitments, particularly in the insurance and securities sectors, while maintaining prudential regulatory measures in the banking sector. This paper analyzes the legal substance of the financial services commitments under ATISA and the specific commitments undertaken by Viet Nam. It offers an assessment of the degree of financial services liberalization in Viet Nam and emphasizes that, to ensure effective implementation of ATISA, Viet Nam must further refine and align its domestic legal framework, strengthen regulatory and supervisory capacity, enhance the competitiveness of its financial services market, and establish an implementation mechanism that strikes a balance between liberalization objectives and the protection of national interests.