Scheme on capacity building on trade remedies in context of joining new generation free trade agreements

Strengthening capacity to enforce trade remedies to protect domestic manufacturing industries in line with international commitments, thereby gradually improving the economy’s competitiveness, contributing to construction of independent and autonomous economy.

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Scheme on capacity building on trade remedies in context of joining new generation free trade agreementsI. Viewpoints and orientation of the Scheme
1. Trade remedy is an area that plays an important role in trade policy, contributing to improving efficiency of international economic integration. Therefore, it is necessary to improve capacity of trade remedies, build and strengthen coordination mechanism among ministries, sectors, localities, manufacturing industries, associations, enterprises and legal consultants to protect the economy, businesses, markets, develop import and export sustainably.
2. Perfecting legal and institutional system on trade remedies to effectively protect Vietnam’s rights and interests in integration process, especially joining new generation free trade agreements.
3. Strengthening capacity to enforce trade remedies to protect domestic manufacturing industries in line with international commitments, thereby gradually improving economy’s competitiveness, contributing to construction of independent and autonomous economy.
II. Objectives of the Scheme
1. Common objectives
a) Completing legal system on trade remedies to ensure synchronization and consistency with international commitments, in line with new-generation free trade agreements and ensuring interests of the economy in process of international economic integration.
b) Raise awareness and capacity on trade remedies of ministries, branches, localities, associations, business community and legal consulting team.
c) Consolidate coordination mechanism among ministries, branches, localities and associations in field of trade remedies.
d) Effectively use regulations on trade remedies to protect domestic production and consumers’ interests.
2. Specific objectives by 2030
a) Amend Law on Foreign Trade Management and relevant legal documents in field of trade remedies or develop Law on Trade Remedies.
b) Staff in ministries, branches and localities are fully equipped with knowledge and skills on use and response to trade remedies. A team of experts and legal consultants have in-depth knowledge of trade remedies to support manufacturing industries to ensure Vietnam’s interests in international trade.
c) Inter-sectoral coordination mechanism in field of trade remedies has been built and consolidated to meet requirements of trade remedy work in the new context and to assist in handling foreign cases of anti-corruption investigation. Trade protection for Vietnamese exports.
d) Capacity of Vietnam’s Trade Remedies Investigation Agency is strengthened, meeting practical needs, commensurate with import and export turnover and effectively supporting domestic manufacturing industries.
Content of trade remedies shall be included in the programs, strategies and policies for development of key manufacturing industries.
e) Strengthen international cooperation, actively participate in negotiations, develop regulations on trade remedies, settle disputes on trade remedies within framework of World Trade Organization (WTO) and other trade remedies.
III. Main tasks and solutions
1. Completing laws and policies on trade remedies
a) Reviewing Vietnam’s legal system and commitments on trade remedies and practices in the world. Summarize implementation of law on trade remedy, including collection, payment and refund of trade remedy tax.
b) Based on results of reviewing and summarizing, amending Law on Foreign Trade Management and relevant legal documents in field of trade remedies or formulating a Law on Trade Remedies.
c) Integrate content on trade remedies into strategies and plans for development of domestic manufacturing industries, especially fundamental industries, which have an important impact on socio-economic development.
d) Complete professional processes for investigation, application and exemption from application of trade remedies to ensure accuracy, objectivity, transparency, efficiency and practicality.
2. Improve capacity for investigation and application of trade remedies
a) Studying the model of trade remedy investigation agency of other countries and summarizing the actual operation in Vietnam, thereby proposing to perfect the model of the trade remedy investigation agency.
b) Select a number of fundamental manufacturing industries that have important impacts on socio-economic development to strengthen trade defense capacity during the implementation of free trade agreements. Build a complete and up-to-date database on investment, production, business, and import-export in these industries in order to promptly consider and apply trade remedies in accordance with law.
c) Build infrastructure, techniques and software for investigation and application of trade remedies. Building and operating an electronic portal to update the developments of trade remedy cases related to Vietnam, creating conditions for relevant parties to submit and access documents in the form of electronic data. Carry out online receipt of dossiers, documents and responses during the investigation of trade remedy cases.
3. Strengthening inter-sectoral coordination mechanism in the field of trade remedies
a) For trade remedy cases investigated by Vietnam;
– Promote coordination between state management agencies and overseas Vietnamese representative agencies, associations and enterprises in monitoring and detecting sudden increase in imported goods, signs of subsidized or dumped.
– Develop a mechanism for consultation, support and information exchange between state management agencies and the business community and associations, especially small and medium enterprises to assess the possibility of applying preventive measures, trade protection, the impact of trade remedy cases.
– Ministries, branches, localities and associations should strengthen coordination in the investigation and application of trade remedies; monitor the enforcement and avoidance of trade remedies.
– Connecting and exchanging information and data between the trade remedy investigation agency and the customs authority.
b) Regarding trade remedy cases investigated by foreign countries with respect to Vietnamese exports
– Establishing an interdisciplinary working group to assist in handling foreign cases of trade remedy investigation against Vietnamese exports.
– Strengthen coordination between State management agencies and associations and enterprises to handle trade remedy cases investigated by foreign countries. Enterprises, associations and State management agencies agree on principle of participation and process of handling trade remedy cases.
– Develop and implement programs to provide information for businesses to serve handling of trade remedy cases.
– Building documents and databases on programs and policies at risk of being investigated by foreign countries for trade remedies.
– Develop a financial mechanism to serve handling of foreign trade remedy investigation cases.
– Increasing use of a team of consultants and lawyers on trade remedies to improve efficiency of handling foreign trade remedy investigation cases.
4. Promote training and propaganda on trade remedies
a) For officers of Trade Remedies Investigation Agency
– Develop a team of trade remedy investigation officers to meet job requirements and commensurate with scale of import and export turnover, trained and fostered in trade remedy legislation, investigation skills, accounting, auditing, import-export, customs in order to improve capacity of investigation, handling and settlement of international disputes related to trade remedies.
– Develop professional guidance documents for investigation, analysis and handling of trade remedy cases and international dispute settlement in field of trade remedy. Conduct research on trade remedies issues that have a major impact on the economy.
– Sending interns at international organizations, international law offices, educational and training institutions and foreign research agencies related to trade remedies. Considering arrangement of staff of Ministry of Industry and Trade at Vietnam’s representative missions abroad concurrently in field of trade remedy in investigation markets, applying many trade remedy measures to Vietnam. Consider nominating officials to join international organizations related to trade remedies.
b) For officials of ministries, branches and localities
– Develop documents and organize professional training for civil servants and public employees related to monitoring, investigation and handling of trade remedy cases, settlement of disputes in field of trade remedy of the company. Ministries, branches, localities, officials working at Vietnam’s representative missions abroad.
– Integrate content on trade remedies in annual professional training programs of ministries, branches and localities.
c) For business community, associations
– Develop guiding documents and organize dissemination of trade remedies for business community and associations, from basic to advanced levels, suitable for each specific industry.
– State management agencies shall coordinate with Vietnam Chamber of Commerce and Industry, media agencies, associations and manufacturing industry to propagate and disseminate practical experience on trade remedy for enterprises.
d) For consulting, research organizations, educational and training institutions
– Provide in-depth information on trade remedies for consulting and research organizations to meet practical requirements.
– Organizing seminars and training programs for lecturers, students and staff of research agencies, educational and training institutions on trade remedies.
a) Actively develop and propose initiatives to promote cooperation on trade remedies in international organizations and forums, especially with partners that already have free trade agreements with Vietnam.
b) Actively participate in discussions, negotiations and settlement of trade remedies disputes within the framework of the WTO and free trade agreements to which Vietnam is a member.
c) Strengthen the dialogue mechanism with major economic partners to promote information exchange, build a mechanism for coordination on trade remedies to protect the interests of manufacturing and exporting industries.
IV. Implementation organization
1. Ministry of Industry and Trade
a) Assume the prime responsibility for, and coordinate with ministries, branches, People’s Committees of provinces and centrally run cities and relevant agencies in, formulating plans and implementing the contents of the Scheme; guide and urge the implementation situation; report to the Prime Minister the results of the implementation of the Scheme.
b) Review and submit to competent authorities to amend and complete legal documents in the field of trade remedies. Coordinate with the Ministry of Finance to review and finalize legal provisions related to process, procedures and dossiers of declaration, collection, payment and refund of trade remedy tax to ensure effective implementation of measures, law, combat tax evasion and commercial fraud.
c) Develop a plan to improve capacity of trade remedy investigation agency and trade remedy investigation staff.
d) Take charge and cooperate with Ministry of Finance:
– Connecting and exchanging information and data between trade remedy agency and customs authority in monitoring imported and exported goods subject to investigation and application of trade remedies.
– Develop a mechanism for domestic manufacturing industries to access unidentified customs data for imported goods likely to be subject to trade remedy investigation.
d) To assume prime responsibility for and coordinate with Ministries of: Planning and Investment, Finance, Natural Resources and Environment, Foreign Affairs, Justice, State Bank of Vietnam, Vietnam Development Bank and related agencies to set up an interdisciplinary working group to assist in handling foreign trade remedy investigation cases.
e) Assume prime responsibility for and coordinate with concerned ministries and branches in developing documents on programs and policies falling within scope of functions, tasks and powers of Ministry of Industry and Trade which are in danger of being investigated and defended by foreign countries.
g) Integrate content of trade remedies into strategies and plans for development of fundamental industrial production industries to enhance ability to apply trade remedies to protect domestic production.
h) Coordinate with Ministry of Foreign Affairs and relevant agencies in implementing activities to strengthen international cooperation on trade remedies to protect Vietnam’s rights and interests.
2. Ministry of Finance
a) Assume prime responsibility for and coordinate with concerned ministries and branches in, developing documents on programs and policies falling within scope of functions, tasks and powers of Ministry of Finance that are in danger of being investigated and defended by foreign countries.
b) Coordinate with Ministry of Industry and Trade:
– Develop a system of criteria, information and data scope and connect and exchange information about customs data and data on trade remedies for imported and exported goods related to the measure of trade prevention.
– Develop a mechanism to allow domestic manufacturing industries to access unidentified customs data in compliance with the law.
c) Balancing and arranging recurrent expenditure estimates for implementation of contents within scope of expenditure from the State budget according to current budget decentralization and provisions of Law on State Budget and guiding documents. Allocate annual funding and budget for Ministry of Industry and Trade in accordance with current regulations to carry out trade remedy activities, including use of legal consulting services.
3. Ministry of Foreign Affairs
a) Direct Vietnamese representative missions abroad to collect information on:
– Support programs for domestic production that trading partners are applying in process of implementing free trade agreements.
– Goods showing signs of being subsidized or dumped are exported to Vietnam.
b) Strengthening participation and coordination of overseas Vietnamese representative agencies in foreign cases of investigation of trade remedies against Vietnamese exports.
c) Coordinate with Ministry of Industry and Trade in implementing activities to strengthen international cooperation on trade remedies.
4. Ministry of Agriculture and Rural Development
a) Assume prime responsibility for and coordinate with concerned ministries and branches in developing documents on programs and policies falling within the scope of functions, tasks and powers of Ministry of Agriculture and Rural Development at risk of water damage in addition to trade remedy investigation.
b) Presiding over development of criteria to identify Vietnam’s agricultural sectors that need to be prioritized to improve trade remedy capacity when implementing free trade agreements and building a database on these sectors.
c) Integrate content on trade remedies into strategies and plans on development of key agricultural production industries to enhance ability to apply trade remedies to protect domestic production.
5. Ministries, branches and People’s Committees of provinces and centrally run cities
a) Ministry of Planning and Investment, Ministry of Natural Resources and Environment and the State Bank shall assume prime responsibility for and coordinate with concerned ministries and branches in developing documents on programs and policies within the scope of their functions and tasks, their duties and powers are at risk of being investigated by foreign countries for trade remedies.
b) People’s Committees of provinces and centrally run cities:
– Coordinate with Ministry of Industry and Trade in implementing trade remedy training activities for officials working in the field of trade remedy.
– Include content on trade remedies into strategies and plans for development of domestic manufacturing industries that have a great impact on the socio-economic development of the locality.
– Allocate funding and organize the implementation of the project’s contents in the locality.
c) Ministry of Education and Training shall coordinate with Ministry of Industry and Trade to develop teaching and research materials in field of trade remedies for lecturers and students.
d) Ministry of Information and Communications shall coordinate with Ministry of Industry and Trade and associations in propagating, disseminating and improving knowledge about trade remedies for business community and related organizations and individuals.
6. Vietnam Chamber of Commerce and Industry and associations
a) Cooperate with Ministry of Industry and Trade in developing manuals and guiding documents on trade remedies; propagating and disseminating information and knowledge on trade remedies for businesses, especially enterprises in manufacturing industries that need to be strengthened in trade remedies capacity during the implementation of free trade agreements.
b) Consulting and supporting associations and businesses:
– Implement measures to prevent, respond and effectively handle trade remedy cases against Vietnamese exports.
– Implement measures to compile a dossier of request for application of trade remedies to goods imported into Vietnam.
c) Participating in coordination with ministries and local branches to support and create conditions for organizations, individuals and member associations to participate in implementation of the Scheme.
d) Coordinating to include the content of trade remedies in the strategies and plans for the development of production industries of the associations.
V. Project implementation budget
1. Funding sources
Funding for the implementation of the Scheme comes from the state budget as prescribed in the Law on State Budget and other lawful contributions and sponsorships (if any).
2. Fund management principles
a) With regard to budget sources, according to the current state budget decentralization, specifically as follows:
– Funds for implementation of the Scheme of Ministry of Industry and Trade are assigned in the annual budget revenue and expenditure estimates of Ministry of Industry and Trade.
– Funds for implementation of the scheme of the ministries and branches are assigned in the annual budget revenue and expenditure estimates of agencies and units.
– Funds for implementation of the Scheme of the localities shall be assigned in the estimates of annual budget revenues and expenditures of the localities.
b) Management and use of funds comply with current regulations.

Source: Vitic/ thuvienphapluat.vn

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