WT/TPR/M/410/Add.1  
13 October  2021 
(21-7717) Page: 1/205 
Trade Policy Review Body  
27 and 29 April 2021  Original: English/anglais/inglés  
Spanish/espagnol/español  
 
 
TRADE POLICY REVIEW  
VIET NAM 
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Dr. Athaliah Lesiba Molokomme  (Botswana)  
This document contains the advance written questions  and additional questions by WTO 
Members , and replies provided by  Viet Nam .1 
 
 
Organe d'examen des politiques commerciales  
27 et 29 avril 2021  
EXAMEN DES POLITIQUES COMMERCIALES  
VIET NAM 
COMPTE RENDU DE LA RÉUNION  
Addendum  
Présidente : S.E.  Dr. Athaliah Lesiba Molokomme  (Botswana)  
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses  fournies par  le Viet Nam .1 
 
 
Órgano de Examen de las Políticas Comerci ales 
27 y 29 de abril de 2021  
EXAMEN DE LAS POLÍTICAS COMERCIALES  
VIET NAM 
ACTA DE LA REUNIÓN  
Addendum  
Presidenta: Excma.  Sra. Athaliah Lesiba Molokomme  (Botswana)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito  y 
las preguntas adicionales de los Miembros de la OMC,  así como las respues tas facilitadas por  el 
Viet Nam.1 
 
 
 
 
 
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/410/Add.1  
 
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 Contents  
1 ARGENTINA  ................................ ................................ ................................ ...................  3 
2 AUSTRALIA  ................................ ................................ ................................ ...................  6 
3 BANGLADESH  ................................ ................................ ................................ ..............  12 
4 BRAZIL  ................................ ................................ ................................ ........................  14 
5 BRUNEI DARUSSALAM  ................................ ................................ ................................ . 21 
6 CANADA  ................................ ................................ ................................ ......................  24 
7 CHILE  ................................ ................................ ................................ ..........................  46 
8 CHINA  ................................ ................................ ................................ .........................  51 
9 COLOMBIA  ................................ ................................ ................................ ..................  63 
10 DOMINICAN REPUBLIC  ................................ ................................ .............................  66 
11 ECUADOR  ................................ ................................ ................................ ..................  68 
12 EUROPEAN UNION  ................................ ................................ ................................ .... 70 
13 HONG KONG, CHINA  ................................ ................................ ................................ .. 84 
14 ICELAND  ................................ ................................ ................................ ...................  86 
15 INDONESIA  ................................ ................................ ................................ ...............  87 
16 ISRAEL  ................................ ................................ ................................ ......................  97 
17 JAPAN  ................................ ................................ ................................ .....................  100  
18 KAZAKHSTAN  ................................ ................................ ................................ ..........  106  
19 KOREA, REPUBLIC OF  ................................ ................................ ..............................  108  
20 MALAYSIA  ................................ ................................ ................................ ...............  112  
21 MEXICO  ................................ ................................ ................................ ...................  123  
22 NEW ZEALAND ................................ ................................ ................................ .........  128  
23 PHILIPPINES  ................................ ................................ ................................ ..........  131  
24 SINGAPORE  ................................ ................................ ................................ .............  146  
25 SWITZERLAND  ................................ ................................ ................................ ........  149  
26 SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU  ....... 141  
27 THAILAND  ................................ ................................ ................................ ...............  157  
28 TURKEY  ................................ ................................ ................................ ...................  172  
29 UKRAINE  ................................ ................................ ................................ .................  177 
30 UNITED STATES  ................................ ................................ ................................ ...... 184  
 
  WT/TPR/M/410/Add.1  
 
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 1  ARGENTINA  
Argentina agradece a Viet  Nam la oportuna publicación N.º 08/2020/TT -BNNPTNT que posterga la 
entrada en vigor de la Circular de Viet  Nam No. 04/2020/TT - BNNPTNT National Technical 
Regulations on Animal Feeds and Ingredients for production of Aquatic Feeds para el 1/7/2021, 
relaciona da con la implementación de nuevos niveles máximos (NM) para Salmonella y metales 
pesados en los ingredientes de los piensos de origen vegetal, pospuesta hasta el 1 de julio de 2021.  
 
Pregunta 1 : 
¿Podría Viet Nam dar detalles adicionales sobre la justifica ción técnica del eventual requisito y cómo 
se implementará el control del mismo? Asimismo, se agradecería conocer si se están evaluando 
posibles modificaciones de los niveles exigidos para salmonella y metales pesados y/o la 
implementación de métodos de co ntrol alternativos.  
 
Answer:  
The Viet Nam Circular No. 04/2020/TT - BNNPTNT National Technical Regulations on Animal Feeds 
and Ingredients for production of Aquatic Feeds by 7/1/2021, related to the implementation of new 
maximum levels (MLs) for Salmonella and heavy metals in feed ingredients of plant origin are based 
on the following technical documents: - For Salmonella, please refer to the National standard 
No.TCVN 10780 -1:2017 for microorganisms in the food chain - Methods of detection, quanti fication 
and determination of serotypes of Salmonella - Part 1: Methods for detection of Salmonella spp. - 
For Asen, please refer to the Standard No. AOAC 986.15. Arsenic, cadmium, lead, selenium and zinc 
in human and pet foods - For Lead, please refer to the National standard No. TCVN 7602:2007 
(AOAC 972.25) on Foodstuffs – Determination of lead content by atomic absorption 
spectrophotometric method. For further information regarding the modifications (if possible) of the 
required levels for salmonella and  heavy metals and/or the implementation of alternative control 
methods, countries are welcomed to provide any scientific evidence to prove the suggested 
methods/levels are providing the same levels of protections to the mentioned standards and discuss 
with our competent authorities for any further action.  
 
En el párrafo 3.30 se indica que se pueden aplicar normas específicas, en particular, a las 
operaciones y procesos mínimos; los accesorios, repuestos y herramientas; las materias idénticas e 
intercambiabl es; el tratamiento de los contenedores y materiales de envasado; y las materias 
indirectas.  
 
Pregunta 2 : 
¿A qué se refiere el informe con operaciones y procesos mínimos?  
 
Answer:  
ASEAN FTAs with other trading partners do not allow extended cumulation with third countries.  
 
En el punto 3.35 del informe se explica que se ha reservado el derecho a aplicar derechos de 
importación específicos o compuestos a determinados productos "sensibles" para luchar contra el 
fraude aduanero.  
 
Pregunta 3 : 
¿Bajo qué criterios  se considera un producto como sensible?  
 
Answer:  
Viet Nam currently applies compound import tax for used cars in accordance with MFN tax rate of 
Viet Nam Commitments Schedule on the Viet Nam's accession (Chapter 98). Paragraph 155 of the 
Working Party Report on Viet Nam's accession, upon its accession to  the WTO, Viet Nam "reserves 
the right to impose absolute and combined taxes on certain items in order to deal with customs 
fraud concerned. Viet Nam has not yet made any changes to absolute or compound taxes for other 
items/products.  
 
En el párrafo 3.88 del informe se explica que en 2019 se modificaron las normas de valoración en 
aduana para las exportaciones mediante la Circular N.º 60/2019/TT - BTC del MOF (emitida el 30 de 
agosto de 2019). Según las autoridades, la Circular estipula normas y métodos de valoración en 
aduana para las mercancías exportadas  
más detallados que en el régimen anterior, en particular en lo que concierne a los principios de la 
valoración en aduana de las mercancías exportadas; el método para determinar el precio de venta WT/TPR/M/410/Add.1  
 
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 de las m ercancías; el uso del precio de venta en la base de datos sobre el valor en aduana; y la 
determinación del valor en aduana de las mercancías en casos especiales.  
 
Pregunta 4 : 
¿Podrían desarrollar para una mejor comprensión las modificaciones introducidas?  
En el párrafo 3.111 se menciona que Viet Nam trata de atraer inversiones destinadas a lograr una 
producción más limpia y un uso más eficiente de los recursos con la creación de un nuevo tipo de 
zona industrial, los llamados parques eco indust riales, con el fin de obtener beneficios económicos, 
ambientales y sociales.  
 
Pregunta 5 : 
¿Cuáles son los beneficios o incentivos que el gobierno implementa en el marco de esas zonas 
especiales?  
 
En el inciso 3.228 se comenta que desde 2013, las autoridade s competentes han promulgado varios 
nuevos decretos y circulares para abordar determinadas cuestiones y preocupaciones, como los 
procedimientos de examen, y armonizar el sistema de propiedad intelectual de Viet Nam con las 
mejores prácticas internacionales . 
Pregunta 6: ¿Qué modificaciones se han implementado en virtud de las nuevas normas?  
 
Answer:  
In the period 2013 -2019, a number of new decrees and circulars were issued to replace or amend 
and supplement previous decrees and circulars. The amended documen ts do not provide for new 
measures but provide more specific, detailed and clearer instructions to improve the consistency 
and convenience in the implementation of the IP Law and some other related laws such as the Law 
on Fees and Charges, Law on handling of administrative violations, etc.  
 
Pregunta:  
En el párrafo 3.111 se menciona que Viet Nam trata de atraer inversiones destinadas a lograr una 
producción más limpia y un uso más eficiente de los recursos con la creación de un nuevo tipo de 
zona industrial, los llamados parques eco industriales, con el fin de obtener beneficios económicos, 
ambie ntales y sociales.  
 
Pregunta 5 : 
¿Cuáles son los beneficios o incentivos que el gobierno implementa en el marco de esas zonas 
especiales?  
 
Answer : 
Eco-industrial parks as a model has been piloted recently in a number of cities, provinces in 
Viet Nam. This m odel aims to encourage businesses in industrial parks to participate in greener 
manufacturing operations and utilize resources efficiently and interconnectedly towards industrial 
symbiosis to improve businesses' economic, environmental and social efficienc y; without aiming at 
any particular industry.  
 
- According to Government's Decree No. 82/2018/ND -CP on 22  May 2018 on management 
of industrial parks and economic zones, businesses certified as eco -enterprises are granted the 
following incentives:  
 
+ Enterprises developing infrastructure of eco -industrial parks and eco -enterprises shall be 
given priority in borrowing preferential loans from the Viet Nam Environment Protection Fund, the 
Viet Nam Development Bank and funds, financial institutions, domest ic and international donators 
to construct technical infrastructure of industrial parks, implement cleaner production methods, 
efficiently use resources and industrial symbiosis solutions.  
+ Enterprises developing infrastructure of eco -industrial parks and  eco-enterprises shall be 
given priority to participate in technical assistance and investment promotion program mes organi zed 
and managed by state regulatory authorities.  
+ Enterprises operating within eco -industrial parks shall be given priority in provid ing 
information related to the technology market and the posibility of cooperating in effecting industrial 
symbioses in the scope of production and business activities of these enterprises.  
 
- The differences between eco -industrial parks and conventional industrial parks are: eco -
industrial parks are industrial parks in which businesses satisfy criteria on application of cleaner WT/TPR/M/410/Add.1  
 
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 production methods, efficient utilisation of resources and develo pment of industrial symbios is 
linkages. Detailed criteria are defined in Article 42, Decree No. 82/2018/ND -CP. 
 
- Currently there exist only incentivising policies applied to all eco -industrial park investors 
and developers, without particular preferential  treatment to foreign investors.  
  WT/TPR/M/410/Add.1  
 
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 2  AUSTRALIA  
Report by the Secretariat (WT/TPR/S/410)  
2 Trade and Investment Regimes  
2.4 Investment Regime  
 
Pages 42 -47, Paragraphs 2.68 -2.92 
 
We refer to actions Viet Nam has taken prior to and following its WTO accession to improve the 
business investment environment and reform the investment regime and to their beneficial effects 
(WT/TPR/G/410, Page 7, Paragraph 1.6; WT/TPR/S/410, Page 8, Paragraph 5; WT/TPR/S/410, Page 
9, Paragraph 10; WT/TPR/S/410, Page 20, Paragraph 1. 46; WT/TPR/S/410, Pages 42 -47, 
Paragraphs 2.68 -2.92).  
 
Question 1 : 
As a means of attracting and retaining foreign investment into the future, has Viet Nam considered 
replacing sectoral restrictions and equity caps on foreign participation with the assessme nt of 
individual foreign investment proposals against risks to fulfilment of legitimate policy objectives?  
 
Answer : 
Currently, restrictions on industries and equity capital ratio are consistent with Viet Nam's 
commitments in fields, industries and sectors at international agreements on investment, FTAs, and 
the economic development conditions of Vietnamese society.  
 
Report by the Secretariat (WT/TPR/S/410)  
3 Trade and Practices by Measure  
3.1 Measures Directly Affecting Imports  
3.1.2 Rules of Origin  
 
Pages 52 -53, Paragraphs 3.27 -3.32 
 
We refer to actions Viet Nam has taken regarding the application and issuance of certificates of 
origin. Australian exporters have encountered inconsistently applied rules of origin and certificate of 
origin requi rements under CPTPP and AANZFTA in a range of sectors, including aluminium, paper, 
machinery and cattle.  
 
Question 2 : 
How does Viet Nam ensure that traders can fully enjoy benefit from reduced tariffs under various 
FTAs?  
 
Question 3 : 
What steps can Viet Na m take to fully implement its obligations under CPTPP to accept certifications 
of origin in electronic format?  
 
Answer to Questions 2 & 3:  
For exporting goods from Viet Nam to FTA partners, since AANZFTA and CPTPP have come into force, 
the Ministry of Indu stry and Trade of Viet Nam and related government authorities have taken a 
number of actions to support the trade community to utilize the Rules of origin under the Agreement 
and enjoy preferential tariff treatment. Viet Nam government aims to enhance the awareness and 
knowledge of the business community on the benefits of the FTAs so that there will be as many as 
possible Vietnamese enterprises obtaining benefits from FTA implementation.  
 
Report by the Secretariat (WT/TPR/S/410)  
3 Trade Policies and Pract ices by Measure  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements  
 
Page 80, Paragraph 3.131  
 
The report notes that the provision of the Law on Cybersecurity was raised as a specific trade concern 
in the WTO TBT Committee during the review period. Australia also notes several members have 
raised concerns in the WTO Council for Trade in Services.  WT/TPR/M/410/Add.1  
 
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 Question 4 : 
What steps has Viet Nam taken to ensure that the Law on Cybersecurity is consistent with Viet Nam's 
international trade obligations?  
 
Answer : 
In the process of developing the Law on Cyber Security, Viet Nam has carefully studied international 
regulations, at the same time, reviewed international treaties and agreements to which Viet Nam is 
a party (such as the World Trade Organization - WTO, Comprehensive and Progressive Agreement 
for Trans -Pacific Partnership – CPTPP, etc) to ens ure that the provisions of the Law on Cyber Security 
are consistent and compatible with Viet Nam's commitments.  
Viet Nam's Law on Cyber Security is enacted to protect national security, social order and safety, 
legitimate rights and interests of organizati ons and individuals on cyberspace; contributing to 
establish order and discipline on cyberspace towards a stable, safe and equal cyberspace for 
domestic and foreign enterprises to invest and develop in Viet Nam as well as promote international 
trade and th e world's economy.  
 
Report by the Secretariat (WT/TPR/S/410)  
3 Trade Policies and Practices by Measure  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements  
 
Page 81, Paragraph 3.135  
 
The report states that Viet N am has around 12,888 TCVNs in effect, of which 60 per cent were 
harmonised (up from 40% in 2013).  
 
Question 5 : 
What measures is Viet Nam taking to further promote participation in and uptake of international 
standards?   
 
Answer : 
By joining FTAs with appro priate selection principles, it helps Viet Nam to have a momentum to 
reform comprehensively our institutional and legal framework. For example, to comply with 
commitments in the CPTPP and EVFTA, Viet Nam has ratified and promulgated over 20 legal 
documents . Accordingly, it helps Viet Nam to raise awareness of most governmental authorities at 
central and local levels to meet international standards and requirements of burgeoning international 
economic integration. With such institutional and legal changes, V iet Nam expresses its highest 
determination to fully implement its commitments in those international commitments and brings 
sustainable changes in its recent economic developments.  
 
Report by Secretariat WT/TPR/S/410  
3.3.6 Government Procurement  
3.3.6.1 Overview of legal and institutional framework  
 
Page 98, Paragraph 3.210  
 
We understand from the report that government procurement in Viet Nam is conducted in both 
"centralized and decentralized modes ". 
 
Question 6 : 
Could further information please be provided on what constitutes a 'decentralized mode' of 
procurement?  
Question 7: 
Could further information also be provided on the operation of framework agreements between 
central procuring entities and selected contracts? If framework agreements are available to 
international suppliers, or if Viet Nam foresees that regulations may  be amended in future for the 
inclusion of international suppliers.  
Answer : (for both Question 6 and 7)  
The Law on Bidding stipulates that concentrated procurement is applicable in cases where goods or 
services need to be procured in large quantities and similar types in one or more agencies, WT/TPR/M/410/Add.1  
 
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 organizations, enterprises or investors. Regulations related to co ncentrated procurement (principles, 
processes, contents ...) are specified in Decree No. 63/2014/ND -CP. 
 
Report by Secretariat WT/TPR/S/410  
3.3.6 Government Procurement  
3.3.6.1 Overview of legal and institutional framework  
 
Page 98, Paragraph 3.211.  
 
We note from the report that international bidding is organized only when: (i) the sponsor of a 
project requests international bidding: (ii) the concerned goods cannot be manufactured in Viet Nam 
or Vietnamese goods fail to meet technical, quality, or price requirements; or (iii) domestic providers 
of the services concerned cannot meet performance requirements.  
 
Question 8 : 
Does Viet Nam foresee that greater use of international bidding will be supported, or if Viet  Nam 
would be open to amending regulations i n relation to international bidding, to further align with the 
non-discrimination principles of the WTOGPA?  
 
Answer : 
Viet Nam now applies international bidding to the cases specified in Law on Bidding and the 
Agreements which Viet Nam has participated in.  
 
Report by the Secretariat (WT/TPR/S/410)  
3 Trade Policies and Practices by Measure  
3.3 Measures Affecting Production and Trade  
3.3.7 Intellectual Property  
3.3.7.6 Enforcement  
3.250  
 
Page 108, Paragraph 3.250  
 
The report notes that Viet Nam is a party to a number of WIPO -related treaties and is considering 
joining several more.  
 
Question 9 : 
Could Viet Nam please provide more information about which additional WIPO treaties it is 
considering joining?  
 
Answer:  
Viet Nam is planning to join the WIPO Copyright Treaty (WCT) and the WIPO Performances and 
Phonograms Treaty (WPPT) to implement the obligations of the FTAs that Viet Nam is a member 
(i.e. EVFTA; CPTPP).  
 
Report by the Secretariat (WT/TPR/S/410)  
4 Trade Pol icies by Sector  
4.2 Mining and Energy  
4.2.1 Mining  
 
Page 119, Paragraph 4.37  
 
In paragraph 4.37 of the Secretariat's Report, the Secretariat notes that Viet Nam has moved from 
being a net exporter to a net importer of coal.  
 
Question 10 : 
Beyond the Master Plan for the Development of the Coal Industry to 2020, Vision to 2030, what 
factors (if any) have influenced this shift?  
 WT/TPR/M/410/Add.1  
 
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 Answer:  
Viewpoints on Viet Nam's coal industry development: Trading coal under the State -controlled market 
mechanis m, in harmony with the world coal market.  
Over the years, Viet Nam's coal import and export activity has been a normal business activity, in 
accordance with market principles and the development perspective of Viet Nam's coal industry, 
which has been appro ved by the Prime Minister.  
 
According to the Master Plan for the Development of the Coal Industry to 2020, Vision to 2030 has 
been approved, and it is expected that Viet Nam's demand for coal imports is increasing. Coal export 
is carried out on the princip le of exporting only domestic coal types that have not been used, through 
measures: management by plans, other regulations consistent with the market mechanism and Viet 
Nam's commitments to the world. Therefore, proportion of Viet Nam's coal export / impor t depends 
on demand domestic and international coal consumption and in accordance with the Master Plan.  
 
Question 11 : 
What proportion of Viet Nam's current coal consumption is supplied by imports/exports? Is this 
proportion expected to change in the future ? 
 
Answer:  
Currently, the change in proportion of Viet Nam's coal export / import base on market rules at 
different stages, but domestic demand must be given priority.  
 
Page 119, Paragraph 4.40  
 
The report states that in 2011, Viet Nam adopted the Mineral Resources Strategy to 2020, Vision to 
2030.  
 
Question 12 : 
Australia would welcome a status update from Viet Nam on if it had achieved the goals of the Mineral 
Resources Strategy to 2020, and if they plan to make any amendments to the Vision to 2030.  
 
Answ er: 
According to the Master Plan for the Development of the Coal Industry to 2020, Vision to 2030 has 
been approved, detail goals to 2020 had been finished and the vision targets to 2030, are expected 
to be completed.  
 
Page 119, Paragraph 4.42  
 
Viet Nam provided a brief overview of 'reconnaissance surveying activities' whereby they are 
organised by the state, but private investors can contribute capital.  
 
Question 13 : 
We would be grateful for advice from Viet Nam if they have considered making the survey activities 
information publicly available.  
 
Answer:  
The information of mineral survey (coal) doesn't have mission of Oil coal and gas.  
 
Page 119, Paragraph 4.47  
 
Viet Nam noted that their domestic mining sector faces challenges in attracting foreign investment  
 
Question 14 : 
We note that Viet Nam advised that their mining sector faces challenges in attracting foreign 
investment. Have Viet Nam considered ways to increase foreign investment in the mining sector 
through government policies/regulation?  
 
Answer:  
The consideration of the solutions is aimed at attracting foreign investment in mining sector always 
has been interested by Viet Nam's Government and the fact that dur ing the implementation, there 
were specific solutions.  WT/TPR/M/410/Add.1  
 
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 Master Plan for the Development of the Coal Industry to 2020, Vision to 2030 to be well done, some 
specific solutions aim to attract foreign investment is regulated as follows:  
- The partnership, assoc iation with foreign partners to implement coal mining projects in areas where 
the coal industry has not yet mastered the technology (coal mining under civil, industrial, water 
storage areas).  
- Diversify investment in infrastructure projects to develop coa l industry under forms of PPP, BOT, 
BT, BO.  
 
Report by the Secretariat (WT/TPR/S/410)  
4 Trade Policies by Sector  
4.3 Manufacturing  
 
Page 131, Paragraph 4.91  
 
The report provides details of Viet Nam's Industrial Development Strategy to 2025, Vision to 2035  
and identifies several priority industries.  
 
Question 15 : 
Can Viet Nam provide an update on the progress of the strategy, particularly with reference to 
mechanical engineering and metallurgy industries?  
 
Answer:  
Implementing the Viet Nam Industrial Development Strategy to 2025, with a vision to 2035, Viet 
Nam's industry has achieved a number of notable achievements, contributing significantly to the 
process of industrialization and modernization, nationalization, promoting economic growth and 
social stability to ensure the goal of a rich population, a strong country, specifically:  
Industry is an increasingly large contributor to the economy. On average, in the 2016 - 2019 period, 
industry accounts for more than 30% of the country's GDP. Ind ustry is also the largest contributor 
to the state budget.  
- The structure of industries has had positive changes, increasing the proportion of processing and 
manufacturing industries and reducing the proportion of the mining industry, in line with the 
restructuring orientation of the industry.  
Some industries have had strong development, especially electronics, textiles, leather - shoes, food 
processing ... The proportion of enterprises with high technology and medium technology is 
increasing. increase.  
- Industry has become the main export industry with a high growth rate; There has been a positive 
shift in the structure of export industrial products. In the period 2006 - 2016, the export turnover 
of industrial products increased by nearly 3.5 times, accou nting for 90% of the total export turnover 
of the country. Many industrial goods such as leather - shoes, textiles and electronics ranked high 
in terms of export compared to the region and the world.  
- A number of domestic private industrial groups have be en formed and developed with a large scale 
and competitiveness in the domestic and international markets. These are good signs that the 
general guidelines of the Party and the Government's mechanisms and policies have created 
confidence and inspiration for  enterprises to focus on large and long -term development and 
investment in industries. key point of the country.  
- Industrial development has positively contributed to job creation and improving people's lives. The 
industrial workforce is increasing in num ber. On average, the industry creates about 300,000 jobs 
each year.  
- The total investment capital of the processing and manufacturing industry increases year by year. 
By 2019, foreign investors have invested in 19 fields, of which the most concentrated in vestment in 
the processing and manufacturing sector with a total capital of USD 24.56 billion, accounting for 
64 ,6% of total registered investment capital.  
- In addition, industrial development also creates autonomy in the defen ce and security industries, 
the most important of which is the manufacture of weapons, motor vehicles, transportation to serve 
the needs of armed forces, making an important contribution to maintaining national sovereignty.  
- A number of domestic private industrial groups  with good potential to operate in the field of 
manufacturing and processing have been formed and developed. Typically,  in the field of automobile 
production and assembly are VinGroup, Truong Hai, Thanh Cong; in the milk and food production 
and processing sectors are Vinamilk, TH; in the iron and steel sector, including Hoa Sen Group, Hoa 
Phat Group, Hoa Binh Minh Company Limited, Pomina Steel Company, Nam Kim Steel Joint Stock 
Company ... These are good signs that the owners The Party's general policy and the Government's WT/TPR/M/410/Add.1  
 
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 mechanism and policies have created confidence and inspiration for enterprises to focus on large 
and long -term investment and development in key industries of the country.  
- Industrial development has positively contributed to job creation  and improving people's lives. The 
industrial workforce is increasing in number. On average, the industry creates about 300,000 jobs 
each year.  
  WT/TPR/M/410/Add.1  
 
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 3  BANGLA DESH 
Government Report/ 2.2.1.5 Trade remedy mechanisms/2.34  
 
Question no 1 : 
What type of assistances m ay provide by the government agencies to the Vietnamese enterprises 
which are the subjects of trade remedies investigations? Please elaborate.  
 
Answer : 
Article 76.1 of Law on Foreign  Trade Management provides:  
 
1. In the case a Vietnamese enterprise is inv estigated for application or applied with a trade remedy 
by the importing country, the Ministry of Industry and Trade shall, at the proposal of the related line 
association and trader, assume the prime responsibility for, and coordinate with other ministri es, 
ministerial -level agencies and competent state management agencies in, carrying out within the 
ambit of their respective tasks and powers the following activities to assist the enterprise:  
a) Providing information relating to the case;  
b) Exchanging information with the importing country that is conducting an investigation or applying 
a trade remedy against Vietnamese exports;  
c) Initiating a lawsuit against the importing country when detecting a violation of the relevant treaty 
to which th e Socialist Republic of Viet Nam is a contracting party;  
d) Carrying out other support activities in accordance with law.  
 
2. In the case a Vietnamese trader is investigated for application of countervailing measures by the 
importing country, the Ministry of Industry and Trade shall assume the prime responsibility for, and 
coordinate with related ministries, ministerial -level agencies and provincial -level People's 
Committees in, working out a plan for  coordination with the foreign investigating authority in  
accordance with the relevant treaty to which the Socialist Republic of Viet Nam is a contracting party.  
 
3. In the case a Vietnamese trader is investigated for application of  safeguard m easures by the 
importing country, the Ministry of Industry and Trade shall assume the prime responsibility for, and 
coordinate with related ministries, ministerial -level agencies, organisations and individuals in, 
working out a plan on claim for compensation or retaliation in accordance with the relevant treaty 
to which the  Socialist Republic of Viet Nam is a contracting party.  
 
SECRETARIAT REPORT  
1.3.1.1 Merchandise trade/ Para 1.28  
Question:  
Could you please describe the reasons or policy initiatives that helped you getting this increment?  
 
Answer : 
On December 28, 2011, the Prime Minister issued Decision No. 2471/2011/QD -TTg approving the 
Import and Export Strategy for the period 2011 - 2020, with a vision to 2030.  
In order to ensure a good outcome and smooth implementation of the campaign, Viet  Nam 
Government built a detailed program of action that specified the tasks of Ministries and Province 
Authorities. Following the program, the head of these authorities had their own plan to achieve the 
result.  
Periodically, Viet  Nam Government evaluated the i mpact of this campaign and plans on the import -
export situation and reviewed the implementation process. Besides, we also regularly updated the 
changes in international trade, then made several adjustments if needed.  
 
3.3.2 Standards and other technical re quirements/Para 3.133  
Question no 2:  
Does that mean the company standard is not mandatory? Is it the situation that an importer must 
have to fulfill both the mandatory and non -mandatory standards?  
 
Question no 3:  
Can a company standard require more than na tional standard?  
 
Answer : 
Company standards are not mandatory. They are voluntarily applied.  WT/TPR/M/410/Add.1  
 
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 Importers are required to comply with national technical regulations (QCVN). In case there is no 
corresponding QCVN for the product in question, the importers must  publish and register  
 
3.3.2 Standards and other technical requirements/Para 3.14  
 
Question no 4 : 
How many of these 7 laboratories are of from the FTA partner countries? Does all these accreditation 
takes place under the broader framework of FTAs?  
Answer : 
7 laboratories are accredited by Bureau of Accreditation of Viet Nam (BoA) belongs to Lao PDR and 
Cambodia. They are under the broader framework of FTAs.  
 
Question no 5 : 
How many of MoUs Viet  Nam has already have with other countries regarding accr editation of SPS 
and TBT measures and which countries?  
 
Answer : 
Regarding accreditation, BoA is the signatories of international and regional accreditation 
organizations. Besides that, BoA has a memorandum with some other partners: KAB (Korea), NAH 
(Hungary). Regarding TBT measures, Viet Nam has not had MoUs on accreditation with other 
partners yet. Regarding SPS Measures, Viet  Nam have not yet signed any MOUs on accreditation of 
SPS measures with other countries because SPS measures need to be based  on the situation of 
disease status, geographic conditions and other criteria which could affect human, plant and animals. 
Viet Nam follows the guidelines of the three sisters of International Standards settings bodies (IPPC, 
CODEX, and OIE) 
 
Question no 6 : 
In terms of product coverage what types products are covered under these seven laboratories?  
 
Answer : 
Food, Water, Rubber are products that be covered by 7 accredited labs  
 
Question no 7 : 
Among the 72 certification bodies and 84 verification and inspecti on organizations is there any from 
countries other than Viet  Nam? 
 
Answer : 
For certification bodies: none . 
 
For inspection bodies: there is one IB from Brunei . 
  WT/TPR/M/410/Add.1  
 
- 14 - 
 
 4  BRAZIL  
Questions on SPS  
 
What trade policies are being implemented by Viet Nam to resolve impasses that result in 
noncompliance with Article 8, and Annex C, of the SPS agreement?  
 
Answer:  
Viet Nam has several regulations and policies in place to ensure the commitments to the SPS  
Agreement, especially the Article 8 and Annex C on Control, Inspection and Approval Procedures, 
including our national systems for approving the use of additives or for establishing tolerances for 
contaminants in foods, beverages or feedstuffs. For furthe r and detail information, please refer to 
the WT/TPR/S/410, specifically:  
"The Laws on Food Safety, on Plant Protection and Quarantine, on Animal Health, and on  
Environmental Protection set out the overarching legal framework for SPS -related matters in Vie t 
Nam. Except for the Law on Food Safety, all previous legal texts were enacted  
during the review period; plant protection and quarantine, and animal health were previously  
regulated by relevant ordinances. Other relevant legislation includes the Laws on C rops (Law 
No. 31/2018/QH14, issued on 19 November 2018), on Livestock (Law No. 32/2018/QH14, issued 
on 19 November 2018), and on Fisheries (Law No. 18/2017/QH14, issued on 21 November 2017), 
as well as decrees on food safety for imported food, on the imple mentation of the Law on Animal 
Health, on quarantine of aquatic animals and fishery products, and on fertilizer management. 
Other relevant regulations include MARD Circulars on permitted and banned plant protection 
products, on pesticide management, and on  maximum residue levels (MRLs) of pesticides on food, 
and a Decision of the Minister of Agriculture and Rural Development on products subject to plant 
quarantine. These have been notified to the WTO; between June 2013 and June 2020, Viet Nam 
submitted 84 n otifications to the SPS Committee, but no emergency notifications."  
 
What strategies is Viet Nam devising or planning to devise to avoid the recurrence of undue delays 
in approval procedures?  
 
Answer:  
Vietnamese' Law on Customs 2014 (effective from 1 Janu ary 2015) already has provisions to make 
customs procedures simple, harmonious and unified, reducing customs clearance time, costs and 
administrative procedures. documents for businesses. On that basis, the General Department of 
Customs has provided many C ircular on customs procedures; customs inspection and supervision; 
export tax, import tax and tax administration for exported and imported goods.  
Viet Nam also plan to prioritize the application of Single Window Procedures and e -certification to 
facilitate  trade and speed up the approval procedures.  
 
What are the existing provisions in Viet Nam's legislation that ensure the predictability of the 
approval of exports of plant and animal products to Viet Nam?  
 
Answer:  
Please be more specific on the "predictab ility". The approval of exports of plant and animal 
products to Viet Nam would be granted to the products that meet all the SPS requirements by the 
Vietnamese authorities which are clearly stated in our Law and regulations  
 
In the case of plant products, w hat database is utilized for the establishment of phytosanitary 
requirements?  
 
Answer:  
For plant products, Viet Nam's phytosanitary requirements are based on the international 
standards and practices, especially the IPPC guidelines, CODEX standards. For f urther information, 
please refer to the Law on Plant Protection of Viet Nam.  
 
Would a declaration by the phytosanitary authority, on the basis of a list of regulated pests, in 
accordance with the guidelines established by the International Plant Protection Convention be 
considered sufficient to fulfil transparency obligations for th e establishment of phytosanitary 
requirements?  WT/TPR/M/410/Add.1  
 
- 15 - 
 
 Answer:  
Please be more specific on the scale of "being considered sufficient to fulfil transparency obligations" 
so we can provide you with more information on the matter. For further information on the 
transparency obligations of Viet Nam to the WTO on SPS matters, please contact our National focal 
points on SPS: Viet Nam SPS Office for detailed information and guidance.  
 
Questions on Agriculture  
Considering the information provided in paragraph 2.42 of document WT/TPR/G/410, is Viet Nam 
planning to promote further liberalization on eggs, tobacco and sugar (raw and refined)?  
 
Answer:  
Viet Nam has been fully implementing the WTO's commitments. So far, Viet Nam do not have any 
plan to promote further liberalization on eggs, tobacco and sugar (raw and refined).  
 
Considering the information provided in paragraph 2.46 of document WT/TPR/G/410, are the 
requirements applied to traders also applicable to economic agents that trade in such products in 
the domestic market?  
 
Considering the information provided under item 4.1.3. of document WT/TPR/S/410, what types of 
investment incentives are offered to the fisheries sector? Please describe these incentives .  
 
Considering the information provided in paragraph 3.43 of document WT/TPR/S/410, what is the 
legal foundation for the concession of preferences to Cambodia and Laos in rice and tobacco?  
 
Considering the information provided in paragraph 3.49 of documen t WT/TPR/S/410, could Viet Nam 
please describe the objective of the tax levied on alcohol consumption? Does Viet Nam intend to 
utilize alcohol as fuel additive? If that is the case, does Viet Nam intend to apply similar tax rates on 
alcohol and gasoline?  
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
Page 145 (Para 4.155)  
 
The paragraph states the following: "4.155. The policy framework regulating the sector has remained 
largely unchanged since the last Review. During the period 2013 -2019, Viet Nam sou ght to improve 
the effectiveness and efficiency of law enforcement. During the review period, 3 decrees, 1 decision, 
and 21 circulars were enacted on administrative penalties for violation of regulations, the provision 
and use of Internet services, the res ponsibilities of the Department of Telecommunications, quality 
control and testing procedures, call and interconnection charges, limits for promotions, number 
portability, and the use of telecommunications data and storage. The MIC is the sector's policy -
making and regulatory body; it, inter alia, guides the development of telecommunications and 
Internet services, manages telecommunication licences and interconnection charges between 
operators, manages the provision of public utility services, and protects the rights of users.181 
During the review period, the responsibility for setting consumer tariffs for telecommunications and 
Internet services was transferred from the MIC to the MOF. The transfer of large state -owned 
telecommunications corporations from t he MIC to the CSMC is considered by authorities as a step 
to ensure the independence of the Viet Nam Telecommunications Authority, which is the regulator 
in the sector. According to the authorities, Decree No. 81/2016/ND -CP (amending and 
supplementing a nu mber of articles of Government Decree No. 25/2011/ND -CP, detailing and 
guiding the implementation of a number of articles of the Law on Telecommunications), issued on 
1 July 2016, increased the transparency in telecommunications licensing by a reduction in  
administrative procedures and an increase of post -licensing examination to ensure the compliance 
of enterprises. The country also promoted the domestic production of telecommunications 
equipment, and the launch of the 5G network will rely entirely on dome stic products.182 Mobile 
number portability became available on 16 November 2018, and it is expected to foster competition 
among providers."  
 
Questions : 
1. Regarding the administrative penalties issued for the violations of the regulations, Does 
Viet Nam use, in a regular basis, alternative sanctioning procedures, based for example, in 
investment obligations, ceasing a malpractice and compensations of consumers, etc, all these 
considering the principles of the responsive regulation and risk -based regul ation paradigms?  WT/TPR/M/410/Add.1  
 
- 16 - 
 
 2. With the changes performed for relocating some regulation responsibilities from MIC to MOF 
and CSMC, How the Viet Nam Telecommunications Authority considers its level of independence 
from the SOEs? Did the independence and autonomy to t ake decisions improved? Are there plans to 
establish other regulatory agencies for dealing with the duties that perhaps will not be responsibility 
of the communications regulator? For example, an agency for personal data protection regulations?  
 
3. About the licensing regime and the referred transparency measures taken by reducing 
administrative procedures and increasing post -licensing examination to ensure compliance, Can 
Viet Nam indicate more clearly the changes implemented? And if those changes r elate to alternative 
sanctioning and/or ex -post evaluation of risks in the compliance process?  
 
Page 146 (Para 4.156)  
 
The paragraph states the following: "4.156. All enterprises, state -owned or not, require licences to 
provide telecommunications services.  Since 2013, Viet Nam has issued more than 70 operating 
licences, although most of them provide fixed communication services only. Viet Nam allows joint 
ventures with foreign partners to provide telecommunications services related to network 
infrastructure , such as telephone services, packet -switched data transmission services, circuit -
switched data transmission services, telex services, telegraph services, facsimile services, and 
private leased circuit services. Equity caps applicable to foreign investment  in both fixed and mobile 
communications, as well as Internet services, are set at 49% in facilities -based services (i.e. 
infrastructure); they may increase up to 65% (70% for VPN services) after a three -year investing 
period in Viet Nam in non -facilities -based services (i.e. telephony services with no network 
infrastructure).183"  
 
Questions  
4. Can Viet Nam give more information regarding its licensing framework? Can the current 
regulations incentivize the development of the supply on the telecom market of the Open -RAN model 
and the 5G standalone service architecture? If yes, how so.  
 
Page 147 (Para 4.160)  
 
The paragraph states the following: "4.160. Since 2004, the Viet Nam Public Utility 
Telecommunication Service Fund (VTF)187 has supported the development and provision of 
public -utility telecommunications services ( i.e., universal and compulsory telecommunications 
services) in regions where market mechanisms fail to deliver them on a cost -effective basis. The 
VTF financial support consists of di rect funding for the development and maintenance of public -
utility telecoms services in designated regions, and soft financing to assist enterprises in building, 
upgrading, and expanding telecommunications infrastructure, Internet, and other facilities. 
National programmes on the provision of public -utility telecommunications services for the 
periods 2011 -15 and 2016 -20 were approved by the Prime Minister. MOF Circular No. 
57/2016/TT -BTC, as amended by MOF Circular No. 83/2019/TT -BTC, prescribes the collect ion and 
payment of contributions to the VTF and fifty -six operators contributed to the VTF fund during 
the review period."  
 
Questions : 
5. Can Viet Nam detail  more about  the Public  Utility  Telecommunication  Service  Fund (VTF)?  Is 
it a type of Universal  Service Fund  (USF)? How  does the funds  of the VTF are used and granted  by 
its administrator?  Can it be used by all service  providers,  state owned or otherwise, and for all 
telecommunication services, including broadband internet connectivity? Who  runs the fund, the 
government? Is there a specific structure, like a Steering Committee, to decide on the allocation of 
the funds? Please also indicate the specific regulations that the formally apply for  VTF. 
 
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
4 TRADE POLICIES BY SETOR: 4.4.5 TELECOMMUNICATIONS  
Page 145  
 
In the document, the Viet Nam  promoted the domestic production of telecommunications equipment, 
and the launch of the 5G network will rely entirely on domestic products.  
 WT/TPR/M/410/Add.1  
 
- 17 - 
 
 Questions : 
1. Does Viet Nam  have produced all 5G system (Core Network, Radio Access Network and 
Smartphones) and should use in 100% on network?  
 
2. If so, which Release is available?  
 
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
Page 13 (Para 1.1)  
  
The economy of Viet Nam is  a "socialist -oriented market economy", as defined by Viet Nam's 
constitution. It is characterized by economic dualism combining government planning with free -
market incentives. Extensive market reforms have been carried out since the dawn of the Doi Moi 
era in 1986; however, the structural transformation is not yet complete, with an uneven playing 
field between the State and the private sector.  
  
Questions : 
1. Does the dualism of the Viet Nam 's economy also encompass the notion of a virtual segmentation 
between a high -intensive FDI outward -oriented sector and a low -intensive FDI inward -oriented one?  
2. In other words, to what extent the Vietnamese export -led growth strategy highly dependent upon 
FDI and structured through a strong engagement in GVCs may con tribute for its economic dualism?  
  
Page 15 (Para 1.6)  
To keep up with total factor productivity (TFP) growth, and despite considerable effort in recent 
years (see below), further investment is likely to be needed, as the economy is running close to 
capac ity. According to the IMF, the output gap in 2018 was 0.6%. Apart from increased investment, 
further structural reforms, including tackling the dualism in Viet Nam's twin transition from a planned 
to a market economy and from farms to factories and service s, are much needed to raise the 
potential growth path. Viet Nam is also expected to promote growth by exploiting rapid digital 
innovation and reshaping its participation in supply chains.  
  
Questions : 
3. Should the Viet Nam 's economy position into GVCs be classified as predominantly backward or 
forward linkage nature?  
4. How has the participation of the Vietnamese economy into GVCs' hierarchy evolved since the last 
TPR for its main sectors?  
 
Page 19 (Para 1.19)  
According to the IMF, Viet Nam's exchange rat e is de facto stabilized (or de jure managed floating). 
The SBV manages the VND within a 3% band around the target value; this floating band was widened 
from the previous 1% band in August 2015, while the central parity was devalued by 1%. In January 
2016,  the SBV announced the central VND/USD rate would be adjusted daily based on: (i) the 
previous day's weighted average VND/USD exchange rate; (ii) a weighted average of movements in 
VND exchange rates vis -à-vis seven other trading partners' currencies; and (iii) domestic 
macroeconomic conditions.15 Viet Nam does not maintain any foreign exchange (FX) restrictions on 
payments and transfers for current international transactions, except for those on the grounds of 
security reasons.  
 
Question : 
5. Is the daily t arget for the exchange rate part of a wider forex strategy under which the real 
effective exchange rate (REER) of the Vietnamese Dong is targeted?  
 
Answer : 
- According to the Law on the State Bank of Viet Nam  (SBV):  
+ The SBV shall conduct monetary policy (MP) framework – including the implementation of 
exchange rate (ER) policies and measures among the MP instruments – aiming at inflation control 
and macroeconomic stability.  
+ Under the MP framework of the SBV, ER plays an important role in stabiliz ing market sentiments 
and expectations.  
- During the past time, ER operation under the overall MP framework has actively contributed to 
realizing inflation control and macroeconomic stability objectives, facilitating market liquidity and 
fulfilling legal f oreign currency demands. This reflects the fact that ERs move in close alignment with 
the market mechanism and the macro -balances.  WT/TPR/M/410/Add.1  
 
- 18 - 
 
 - Daily central rate is an ER tool that has been adopted to implement the above -mentioned constant 
MP objectives instead of t argeting the REER. According to the applicable regulation, USD/VND ER 
traded on the market is determined by the market within a range of +/ - 3% around the USD/VND 
central rate, which is announced daily by SBV; the ERs of VND against other foreign currencie s are 
determined by the market itself. Therefore, REER is determined based on the fluctuations of these 
currencies as well as differences in inflation between Viet Nam and its trading partners, instead of 
depending on the subjective policy management of th e SBV.  
 
Page 24 (Para 1.32)  
Rising trade tensions in recent years also affected Viet Nam. However, as assessed by the IMF, they 
had a small positive overall impact due to trade diversion effects. A potentially larger and more 
durable impact could come from  shifts in investment, which remain to be seen. In recent years, 
international firms moved facilities to Viet Nam in response to rising costs in China and the desire 
to diversify production locations (Section 1.3.2).  
 
Questions : 
6. How did trade tensions b etween the US and China have affected the Vietnamese economy?  
7. Which sectors of the Vietnamese economy have benefited the most in terms of a growing market 
share for its exports from the escalation of trade tensions between the US and China?  
 
Pages 27 -8 (Para 1.39)  
While total external trade shrank by 60% at the onset of the pandemic, Viet Nam's merchandise 
trade based on GVCs,  in particular, in the consumer electronics manufactured and the garment 
apparel manufactured sectors appears not to be losing mo mentum, compared with the sectors' 
performance in 2019. With regard to other top categories of merchandise trade, imports of motor 
vehicles and their parts and components, as well as of oil, witnessed a significant drop, compared 
with 2019.  
 
Questions : 
8. What are the main reasons for the resilience of Viet Nam 's merchandise trade based on GVCs 
when compared to total external trade during the COVID -19 pandemic?  
 
Page 29 (Para 1.44)  
Since its accession to the WTO in 2007, Viet Nam has received large FDI infl ows (Chart 1.12). During 
the review period, the inflow of FDI grew at an average annual rate of 13%, and the stock of inward 
FDI increased from USD 81.8 billion in 2013 to USD 161.1 million in 2019. FDI plays a key role in 
Viet Nam's economic transformatio n, representing a large share of output (20% of GDP) and 
employing 5 million people in 2019; about half of gross exports were attributed to foreign 
investment.  
 
Question : 
9. Is there a breakdown of FDI's inflows into GVCs in the Vietnamese economy to unvei l what is 
invested in the exportation/importation of intermediate and final goods? If so, what do these 
statistics tell us about the FDI role in the structuring of GVCs in Viet Nam ? 
 
Page 39 (Para 2.39)  
Viet Nam signed the CPTPP on 8 March 2018. It was ratified by the National Assembly on 
12 November 2018, and entered into force on 14 January 2019.  
 
Questions : 
10. Is there an estimation of the major expected gains (and losses) for the Vietnamese economy in 
terms of economic sectors and products consequen t upon its entry into CPTPP?  
11. Has this simulation been run using an econometric tool such as a computable general equilibrium 
(CGE) model? If so, what were the main assumptions held to structure the "external shock" resulting 
from the setting up of CPTP P? 
 
Page 42 (Para 2.65)  
The RCEP is an agreement among 15 parties, including 10 ASEAN members  53 and 5 other 
countries54 in the region. Viet Nam concluded negotiations of the RCEP in November 2019, and 
signed the agreement on 15 November 2020.  
 WT/TPR/M/410/Add.1  
 
- 19 - 
 
 Questions : 
12. What are the main economic impacts on the Vietnamese economy in terms of the expected gains 
and losses to its major economic sectors and products resulting from the participation in the RCEP 
agreement?  
13. Has a simulation of the impact on the Vietname se economy consequent upon its participation in 
the RCEP agreement been made by using a computable general equilibrium (CGE) model? If so, 
what were the main assumptions made to structure the "external shock"?  
 
Page 73 -4 (Para 3.100)  
As at June 2019, Viet  Nam had four export processing zones (EPZs) with a total land area of about 
627 hectares. The EPZs are industrial zones specializing in manufacturing goods for export to foreign 
countries or providing services related to import and export activities. For companies located in the 
EPZs, the Law on Export Tax and Import Tax and other relevant legislation apply preferential 
treatment according to preferential sectors or industries under the Investment Law, regardless of 
whether the enterprises are domestic or foreign. Imported materials used in production by firms in 
the EPZs or export processing enterprises out of EPZs under a processing contract may benefit from 
a duty exemption. Firms in the EPZs and export processing enterprises out of EPZs are exempt from 
export duties for goods exported to foreign countries. However, goods produced in EPZs with 
imported inputs are subject to import duties, taxes, and formalities if they enter the domestic 
market. According to the authorities, there is no legal requirement for investors in the EPZs to 
transfer technologies or conduct R&D.  
 
Questions : 
14. Are Export Processing Zones (EPZs) conceived of as constitutive of the Viet Nam 's industrial 
strategy of growing participation in GVCs?  
15. How exactly do these two elements  (ZPEs and GVCs) conform with the Vietnamese industrial 
upgrading and regional integration strategy?  
  
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
Page 8 (Para 1.7)  
 
Such figures indicate that investors have been having longer term business strategi es and more 
trust in Viet Nam's economic prospects, thanks to an improved investment environment on the one 
hand and Viet Nam's integration commitments on the other hand. Another evidence is that the 
contribution of FDI sector has always accounted for a si gnificant proportion of Viet Nam's GDP in 
general and import -export value in particular during the past years. For instance, in 2019 the export 
value of FDI enterprises reached USD 179.2 billion, an increase of 4.3% over 2018, accounting for 
68.8% of the c ountry's export turnover. Import value of 2019 was USD 144.64 billion, an increase 
of 1.9% compared to 2018 and accounting for 57.4% of the country's imports. In 2018, export value 
of FDI enterprises was USD 313.21 billion, increasing by 11.7% (equivalent to USD 32.83 billion) 
over 2017, and accounting for 65.2% of the country's total import and export value.  
 
Question : 
16. Does the bulk of the inflow of FDI into the Vietnamese economy fall into a backward or forward 
linkage position when its role in the structuring of GVCs is taken into account?  
 
Page 10 (Para 2.9)  
In the context of declining global trade with the incre asing trend of trade protectionism, the negative 
impact of the Covid -19 pandemic, and declining exports of many countries in the region, Viet Nam's 
export results in 2020 reflected substantial efforts of the business community and localities through 
implem enting solutions to boost production and exports. Exports and import turnovers in 2020 are 
expected to be USD 281.5 billion and USD 262.4 billion respectively, up 6.5% and 3.6% respectively 
compared to 2019, and leads to a trade surplus of USD 19.1 billion . 
 
Questions : 
17. Which sectors of the Vietnamese economy were hit the hardest by the COVID -19 pandemic?  
18. Has the impact of the COVID -19 pandemic on the Viet Nam 's economy been gauged by means 
of econometric tools, e.g. using a computable general equili brium (CGE) model? If so, what were 
the main assumptions made regarding the COVID -19 external shock?  
 WT/TPR/M/410/Add.1  
 
- 20 - 
 
 Page 36 (Para 2.165)  
The CPTPP Agreement comes into force with six original signatories (Mexico, Japan, Canada, 
Singapore, Australia, and New Zealand) on  30 December 2020. For Viet Nam, the Agreement 
officially came into effect on 14 January 2019. On 24 January 2019, the Prime Minister issued 
Decision No. 121/QD -TTg on approving the Implementation Plan of CPTPP Agreement.  
  
Page 37 (Para 2.173)  
After 8 yea rs of negotiations with tireless efforts, the Regional Comprehensive Economic Partnership 
(RCEP) Agreement was formally signed on 15 November 2020 on the side -lines of the 37th ASEAN 
Summit and related meetings among 15 RCEP participating countries with th e aim to establish a 
modern, comprehensive, high -quality, and mutually beneficial economic partnership. The RCEP 
includes 20 Chapters and attached Annexes, once entering into force, this Agreement will establish 
a huge market accounting for about 30% of th e global GDP and 30% of the world population, become 
the largest regional trade area in the world.  
 
Questions : 
19. How do the CPTPP and RCEP fit into the Vietnamese strategy of economic development with 
growing regional/international integration into GVCs?  
20. To which trade agreement - CPTPP or RCEP - more strategic importance is ascribed to - in terms 
of its potential to spur Viet  Nam's development?  
  WT/TPR/M/410/Add.1  
 
- 21 - 
 
 5  BRUNEI DARUSSALAM  
Questions regarding Government Report  
 
1 OVERVIEW OF VIET NAM IN THE GLOBAL TRADI NG SYSTEM  
1.2 Overall evaluation of the role and position of Viet Nam in the global trading system  
 
Pg. 6  
 
1.5. In addition, Viet Nam has been participating in a lot of FTAs at both bilateral and multilateral 
levels. To date, Viet Nam has signed 15 regional and bilateral FTAs (among which 14 are in effect) 
and is negotiating two FTAs. Two out of 15 FTAs are new generation ones, in particular the 
Comprehensive and Progressive Agreement for Trans -Pacific Partnership (CPTPP) and the Free Trade 
Agreement  between Viet Nam and the European Union (EVFTA). With a number of current FTAs, 
Viet Nam will have established free trade relations with the majority of significant partners, creating 
a firm foundation to further boost bilateral trade and investments, as well as to promote economic 
integration in the region and all over the world.  
 
Question : 
As Viet Nam's two "new generation" FTAs, what are the substantive differences between the 
European Union – Viet Nam FTA and the CPTPP?  
 
Answer:  
There are some differences on commitments in the EVFTA Agreement and the CPTPP Agreement are 
as follows:  
 
Regarding tariff elimination commitments:  
- In EVFTA: Viet Nam commits to eliminate tariffs upon the Agreement comes into force with 48.5% 
of tariff  lines. Then, after 7 years, 91.8% of tariff lines shall be abolished. After 10 years, the tariff 
elimination is about 98.3% of tariff lines.  
- In CPTPP: Viet Nam commits to eliminate import duties on 66% of tariff lines upon the Agreement 
comes into effe ct and 86.5% of tariff lines after 3 years.  
 
Regarding trade in services and investment commitments:  
In the EVFTA Agreement, the two sides develop a specific schedule of commitments according to 
the positive -list approach. Schedule of specific commitment s of the EVFTA Agreement is only subject 
to the "standstill" principle. Meanwhile, in the CPTPP Agreement, countries build a schedule of 
commitments according to the negative -list approach. In addition, countries also commit to apply 
the Ratchet principle,  is, only to adjust and change policies in the direction of better than the level 
applied previously. Particularly, Viet Nam has a 3 -year transition period to apply this principle.  
 
Regarding the Government Procurement commitments:  
EVFTA and CPTPP agreem ents differ mainly in terms of commitments. In CPTPP, Viet Nam only 
committed to open to procurement of central agencies only. However, in the EVFTA Agreement, Viet 
Nam commits to open procurement to both central and local agencies.  
 
Regarding intellectua l property commitments:  
- In EVFTA, Viet Nam commits to recognize and protect 169 EU geographical indications (mainly 
geographical indications used for wine and food), and the EU recognizes and protects 39 Viet Nam's 
geographical indications.  
- In CPTPP:  the parties may protect a geographical indication through a trademark system or a 
separate system.  
 WT/TPR/M/410/Add.1  
 
- 22 - 
 
 2 VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
2.2.3 Trade policies since 2013  
2.2.3.2 Multilateral and bilateral agreements  
2.2.3.2.1 Overview on process of negotiation, signing and implementation of Viet Nam's 
free trade agreements  
 
Pg. 31  
 
2.117. Since then, Viet Nam has been participating in many FTAs, both at bilateral and multilateral 
levels. Bilaterally, we have signed and implemented FTAs with Japan, Chile and the Republic of 
Korea; Regarding plurilateral, regional or multilateral coope ration, Viet Nam has signed and 
implemented FTAs with the Eurasian Economic Union, the Comprehensive and Progressive 
Agreement for Trans -Pacific Partnership (CPTPP) and the free trade agreement with the European 
Union (EVFTA); Previously, Viet Nam also sig ned the Trans -Pacific Partnership Agreement (TPP). 
Within the framework of ASEAN, Viet Nam has signed a series of FTAs with partner countries 
including China, Japan, Republic of Korea, India, Australia, New Zealand and Hong Kong (China), 
and has signed the  Regional Comprehensive Economic Partnership (RCEP – the agreement between 
ASEAN and five partner countries including China, Japan, Republic of Korea, Australia and New 
Zealand). Recently, Viet Nam has signed the bilateral FTA with the UK on the basis of i nheriting the 
EVFTA with some respective modifications. Currently, Viet Nam is negotiating 2 FTAs with the 
European Free Trade Area (EFTA - including Switzerland, Norway, Iceland and Liechtenstein) and 
with Israel.  
 
2 VIET NAM ECONOMIC AND TRADING DEVELOPM ENT IN THE PERIOD OF 2013 -2020  
2.2.3 Trade policies since 2013  
 
Pg. 37  
 
2.2.3.2.2.14 Viet Nam - UK Free Trade Agreement (UKVFTA)  
2.171. To ensure trade continuity between the United Kingdom (UK) and Viet Nam after the end of 
the Brexit transition period, V iet Nam and the UK discussed a bilateral trade agreement on the basis 
of technical inheritance of the EVFTA with necessary amendments. On 11 December 2020, Viet Nam 
and the UK signed a Memorandum of Agreement to conclude bilateral FTA negotiation on the ba sis 
of technical inheritance of the EVFTA with a number of adjustments suitable with the bilateral 
context. On 29 December 2020, the two sides signed this Agreement in London, the United Kingdom 
(UK). After that, Viet Nam and the UK completed their respect ive domestic procedures for provisional 
application of this Agreement from 23:00 GMT 31 December 2020.  
 
Question:   
Is the Agreement Viet Nam signed with the UK in December 2020 the bilateral FTA intended for the 
UK to inherit its obligations under the European Union – Viet Nam FTA? If so, what are the 
substantive differences between the European Union – Viet Nam FTA and the UK – Viet Nam FTA?  
 
Answer:  
The Viet Nam - UK FTA (UKVFTA) was signed on the basis of inheriting both sides' obligations under 
the EU - Viet Nam FTA (EVFTA) with some respective modifications. Some differences between the 
two agreements include:  
- Removal and replacement of references to the EU;  
- Removal of text with specific reference to the obligations and commitments of EU Member  States 
as it no longer applies in a bilateral context;  
- Extended cumulation in which EU materials can be recognised (i.e. cumulated) in UK and Viet  Nam 
exports to one another;  
- Modification of the quantities of goods exporting from Viet Nam to the UK t hat are entitled to TRQ 
treatment.  
 WT/TPR/M/410/Add.1  
 
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 2 VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
2.2.3 Trade policies since 2013  
2.2.3.2.2.3 ASEAN – Republic of Korea Free Trade Agreement (AKFTA)  
 
Pg. 32  
 
2.128. The Third Protocol to amend the ASEAN – Republic of Korea Trade in Goods Agreement 
(AKTIGA) was signed in 2015. Up to now, only Viet Nam has not ratified the Protocol due to technical 
problems related to the tariff commitments on petroleum products. Viet Nam has requested the 
Republic of  Korea to discuss in order to resolve this issue, however, the Republic of Korea has not 
been ready for the discussion.  
 
2.129. At the 26th ASEAN Economic Ministers (AEM) Retreat held in March 2020 in Da Nang, ASEAN 
Economic Ministers proposed the "ASEAN -X" solution, in which 9 ASEAN countries and the Republic 
of Korea will move forward work on further liberalization of Sensitive Track produc ts under AKTIGA. 
Viet Nam will join later when the bilateral issue with the Republic of Korea is resolved. At the 17th 
AEM – Republic of Korea Consultation Meeting held on 29 August 2020, the Republic of Korea agreed 
with the ASEAN's proposal, both sides a greed to prioritize the signing of the RCEP in 2020 and, 
therefore proposed to defer negotiations for further liberalization to 2021.  
 
Question : 
What steps are Viet Nam and the Republic of Korea undertaking bilaterally to ensure progress in 
addressing the resolution of outstanding bilateral issues, particularly on the highlighted "technical 
problems related to the tariff commitments on petroleum products"?  
 
Answer:  
At the 17th AKFTA Agreement Implementation Committee meeting (February 2019), Viet Nam 
announced that it was in the process of approving the 3rd Protocol amending the AKFTA Trade in 
Goods Agreement. Viet Nam is working to complete this process and will notify all parties upon 
completion of the approval.  
 
3 PROSPECTS  
 
Pg. 44  
 
3.1. Viet Nam will c ontinue to improve to adopt and pursue to successfully implement the objectives 
and orientations set out in the draft Report on the implementation of the 10 -year socio -economic 
development strategy for the period of 2011 -2020 and develop a 10 -year socio -economic 
development strategy for the period of 2021 -2030. Accordingly, by 2030, Viet Nam strives to become 
a developing country with modern industry, high average income; modern, competitive, efficient 
and effective management institutions; dynamic, fast an d sustainable development economy, 
independence and autonomy on the basis of science, technology and innovation associated with 
improving efficiency in foreign affairs and international integration activities; enhancing Viet Nam's 
position and prestige in the international arena; and strives to become a developed and high -income 
country by 2045.  
 
Question : 
Has Viet Nam developed and released its 10 -year socio -economic development strategy for the 
period of 2021 -2030, and if so, what are the new targets/goals it hopes to achieve?  
 
Answer : 
Viet Nam is still in the process of drafting the 10 -year socio -economi c development strategy for the 
period of 2021 -2030.  
  WT/TPR/M/410/Add.1  
 
- 24 - 
 
 6  CANADA  
Part I: Questions on the Secretariat Report  
Page 27/28 (Para. 1.39) & Page 15 (Para. 1.6)  
The Report refers to the impacts of the COVID -19 pandemic on Viet Nam, including a decline of 60% 
of total external trade at the onset of the pandemic, and a significant drop in imports of motor 
vehicles and oil. Despite this, Viet Nam's merchandise trade based on global value chains appears 
not to be losing momentum compared to 2019 performance. The repo rt also mentions that Viet Nam 
is expected to reshape its participation in supply chains to keep up with total factor productivity 
growth.  
 
Question : 
1. Can Viet Nam elaborate on how it plans to reshape its participation in supply chains to keep 
up with total factor productivity growth?  
 
Page 37 (Para. 2.27) of the Secretariat Report and Page 33 (Para. 2.141) of the 
Government Report  
During the review period, Viet Nam signed six RTAs and concluded the negotiation of a free trade 
agreement. These included the Comprehensive and Progressive Agreement for Trans -Pacific 
Partnership (CPTPP), the EU -Viet Nam FTA, and the Viet Nam -Eurasian Economic Union FTA.  
Page 33 (Para. 2.141) of the Government Report  
 
Answer:  
Viet Nam is working with other ASEAN -Australia N ew Zealand Free Trade Area (AANZFTA) Parties to 
develop the work plan for the AANZFTA Upgrade Negotiations in many areas, including trade and 
sustainable development.  
 
Question : 
2. Viet Nam is a member to the CPTPP, which includes an ambitious environment ch apter. The 
EU-Viet Nam FTA and the Viet Nam -Eurasian Economic Union FTA also include 
comprehensive sustainable development chapters. We understand that Viet Nam and other 
AANZFTA Parties are developing a work plan for the AANZFTA Upgrade Negotiations in ma ny 
areas including on trade and sustainable development. What type of environment and 
sustainable development provisions would Viet Nam support in the AANZFTA upgrade?  
 
Answer:  
As agreed and reflected in the AANZFTA General Review, Viet Nam and other Part ies will discuss 
how economic cooperation on trade and sustainable development issues could be undertaken under 
the AANZFTA. On that basis, we have been discussing various issues under the upgrade negotiations 
including trade in goods, trade in services, i nvestment. However, trade and sustainable development 
has not been discussed so far.  
 
3. What factors determine whether Viet Nam incudes such provisions in the FTAs it negotiates?  
 
Answer:  
Any FTA talk is tabled base on mutual benefits and mutual understanding; fitting the desire of all 
members; fair, transparent, and balanced commitment in the manner of implementation capacity.  
 
Page 39 (Para. 2.40)  
Viet Nam's tariff phase -out commitments under the CPTPP appear to be incorrectly identified as only  
extending up to 10 years. It is Canada's understanding that Viet Nam's tariff phase -outs extend up 
to 21 years, which is consistent with the information contained in the draft Factual Presentation for 
the CPTPP prepared by the WTO Secretariat.  
 
Question : 
4. Could Viet Nam confirm the length of its tariff phase -out periods under the CPTPP?  
 
Answer:  
Most of Viet Nam 's import tariff lines in the CPTPP (97.8%) are subject to 0% tax rate in the 11th 
year from the date of entry into force of the Agreement. Viet Na m commits to eliminate import tariff 
of the remaining products with the longest schedule of 21 years or in accordance with commitments 
on tariff -rate quotas.  WT/TPR/M/410/Add.1  
 
- 25 - 
 
 Page 43 (Para. 2.75)  
The Secretariat Report indicates that: "Projects with foreign participation i n sea transport, 
telecommunications services with network infrastructure, afforestation, publishing, journalism, and 
the establishment of wholly foreign -owned science and technology companies may require the 
approval of the Prime Minister."  
 
Question : 
5. Could Viet Nam please confirm the specific conditions under which projects with foreign 
participation in sea transport would require the approval of the Prime Minister?  
 
Answer:  
Article 31 of the Investment Law regulates as follows:  
Except for the investment  projects mentioned in Article 30 of this Law, the Prime Minister shall grant 
approval for investment guidelines of the following investment projects:  
 
1. Investment projects regardless of capital sources in any one of the following cases:  
 
a) Investment p rojects that require relocation of 10,000 people or more in mountainous areas or 
20,000 people or more in other areas;  
b) Investment projects on construction of: airports and aerodromes; runways of airports and 
aerodromes; international passenger terminals; cargo terminals of airports and aerodromes with a 
capacity of at least 1 million tonnes per year;  
c) New investment projects on passenger air transport business;  
d) Investment projects on construction of ports and wharves of special seaports; po rts and wharves 
in which investment is at least VND 2,300 billion within the category of Class I seaports;  
đ) Investment projects on petroleum processing;  
e) Investment projects which involve betting and casino services, excluding business in prize -
winning  electronic games for foreigners;  
g) Projects on construction of residential housing (for sale, lease or lease purchase) and urban areas 
that use at least 50 hectares of land or less than 50 hectares of land but with a population of at least 
15,000 people in an urban area; or that use at least 100 hectares of land or less than 100 hectares 
of land but with a population of at least 10,000 people in a non -urban area; or investment projects 
regardless of the area of land used or population within the safety pe rimeter of relics recognized by 
the competent authority as the national and special national relics;  
h) Investment projects on construction and operation of infrastructure in industrial zones and export 
processing zones.  
 
2. Investment projects of foreign investors in the following fields: provision of telecommunications 
services with network infrastructure; afforestation; publication, press;  
 
3. Investment projects which at the same time fall within the power of at least two provincial People's 
Committees to grant approval for investment guidelines;  
 
4. Other investment projects subject to approval for their investment guidelines or subject to 
issuance of decisions on investment guidelines by the Prime Minister as prescribed by law.  
 
Page 45 (Para. 2.83 & Footnote 72) and Page 78 (par 3.125)  
The Secretariat Report refers to Chapter 3 of the Investment Law permitting the granting of 
investment incentives, including for select activities, including high -tech activities; production of 
clean and renewable energy; cultivation and processing of agricultural, forestry, and fishery 
products; forest planting and protection, among others. In addition, the Secretariat report notes 
that Viet Nam's new Investment Law entered into force on January 1 , 2021.  
 
Questions : 
6. Could Viet Nam confirm that these incentives are still available under the new Investment 
Law? 
 
Answer:  
The new Law on Investment mentioned in these questions was promulgated in June 2020 and came 
into force on 1 January 2021, which is not within Viet Nam's trade policy review period (2013 -2019). 
Therefore, these questions are not subject to be answered.  
 WT/TPR/M/410/Add.1  
 
- 26 - 
 
 7. For greater clarity, can Viet Nam confirm whether such incentives are available to activities 
receiving foreign investment, and/or whether there are different eligibility criteria for foreign 
firms investing in Viet Nam to benefit from such incentives?  
 
Answer:  
The new Law on Investment mentioned in these questions was promulgated in June 2020 and came 
into force on 1 January 2 021, which is not within Viet Nam's trade policy review period (2013 -2019). 
Therefore, these questions are not subject to be answered.  
 
Page 45 (Para. 2.84)  
In February 2020, Viet Nam notified to the WTO other support programmes that have been 
implemented  since the previous Review. Current support programmes aim at supporting enterprises 
that hire workers with disabilities or a high proportion of women. Supported companies in these two 
programmes can be entitled to a reduction of corporate tax income, conc essional loans, priority in 
land lease applications and a reduction in associated fees. A support programme for fishery products 
was active between 2015 and 2018, and its extension is currently under evaluation. A two -year 
mechanism promoting the developme nt of solar power projects ended in June 2019, while a similar 
mechanism for wind -power projects runs until November 2021. The additional benefit for energy -
producing projects consists of a selling price above the retail price for electricity.  
 
Questions : 
8. Can Viet Nam provide data on the progress/achievements that these support programmes 
have made in increasing the employment of women, including women with disabilities?  
Due to limited capacity on statistics, there is no data available so far.  
 
9. Is Viet Na m able to provide data on the percentage of small -medium size enterprises that 
received support as part of these programmes?  
The support for enterprises that hire workers with disabilities or a high proportion of women 
are set out in different policies, n ot one specific program with detailed data.  
 
Page 55 (Para. 3.38.) | Page 169 Table A3.3  
Viet Nam has indicated that certain MFN applied rates still exceed its bound commitments.  
 
Question : 
10. Could Viet Nam indicate what process it is undertaking to ensure all applied MFN rates are 
within its bound commitments as well as a timeline for when this process will be complete? 
Canada also notes a typo ('MNF' rate) in the final sentence of this paragraph.  
 
Answer:  
In Table A3.3, the Secretaria t shows 19 Viet Nam's items exceed the WTO commitments. However, 
as explained to the WTO Secretariat at some meetings, Viet Nam's commitments regarding to reduce 
import tax rates in WTO (recorded in the WTO accession's documents) are based on the ASEAN 
Harmonized Tariff Schedule (AHTN) 2002. However, until now, the AHTN 2002 List has been revised 
three times in 2007, 2012 and 2017. The amendments leads to the merging, splitting of the codes, 
transcoding and adding new lines. Accordingly, in some circumstanc es, it is not appropriate to make 
a comparison based on HS codes of preferential import tariff rates (MFNs) with WTO commitments.  
 
The Ministry of Finance has reviewed and confirmed that the tax rates applied to most of the tariff 
lines (18/19 tariff lines ) mentioned in Table A3.3 do not exceed the ceiling tax rate committed by 
Viet Nam. For the tax line with code HS 4804.39.90, Viet Nam will adjust this line in the latest Tariff 
revision to ensure compliance with the tax rate promulgation principle of the Law on Import and 
Export Taxes No. 107/2016 / QH13 and ensured compliance with the process specified in the Law 
on Promulgation of Legislative Documents, other tax lines now comply with the commitments. 
According to the Law on Import Tax and Export Tax No.  107/2016 / QH13, the adjustment of 
preferential import tax rates is under the jurisdiction of the Government (before September 
1st 2016, it's under the jurisdiction of the Ministry of Finance). Viet Nam, as well as the WTO 
Secretariat and other member countries of the WTO, have regularly reviewed the tariff on the 
principle that the tariff rate does not exceed the WTO commitments. Therefore, if Member States 
indicate any tax line exceeding our commitments, Viet Nam will make adjustments to confor m to 
the tax rate promulgation principle of the Law on Import Tax and Export Tax No. 107/2016 / QH13.  WT/TPR/M/410/Add.1  
 
- 27 - 
 
 Page 55 (Para. 3.39)  
The intent of this paragraph appears to present an exhaustive list of trade partners for which 
Viet Nam provides preferential access;  however, it appears some trade partners are missing, 
including ratified Parties to the CPTPP.  
 
Question : 
11. Could the Secretariat update this paragraph to reflect all trade partners for which Viet Nam 
provides preferential access?  
 
Answer:  
Viet Nam agrees wi th Canada's comments and request the Secretariat to update exhaustive list of 
trade partners for which Viet Nam provides preferential access conditions. The missing trade partners 
are Canada, Peru and Mexico.  
 
Page 57 (Para. 3.40) | Table 3.3  
According to  Viet Nam's goods schedule, quota volumes increase by 5% annually for goods subject 
to tariff quotas. However, according to the information provided in Table 3.3, quota volumes for salt 
increased according to a different methodology.  
 
Question : 
12. Could Viet Nam clarify the methodology for increases to the volume of its salt quota?  
 
Answer:  
According to Viet Nam's goods schedule, quota volumes increase by 5% annually for goods subject 
to tariff quotas.  
The tariff rate quota volume of salt will be considered to allocate for pharmaceutical and chemical 
products according to the traders' annual  application of quota allocation.  
 
Pages 63 -64 (Paras. 3.56 and 3.94)  
The report notes that Viet Nam enforces both import and export prohibitions, restrictions, and 
licensing in accordance with the Law on Foreign Trade Management and Decree No. 69/2018/ND -
CP. The lists of prohibited imports and exports as found in Appendix I of Decree No. 69/2018/ND -
CP note that "Weapons, ammunitions, explosives (excluding industrial explosives), military technical 
equipment" are prohibited for both import and export. Howe ver, Article 5 of Decree No. 69/2018/ND -
CP states that:  
"The Prime Minister shall consider allowing export of goods prohibited from export; allowing import 
of goods prohibited from import to serve the special purposes, warranty, analysis, testing, scientif ic 
research, medicine, pharmaceutical production and national defen ce and security."  
 
Question : 
13. Could Viet Nam please provide details of the process and conditions under which an importer 
or exporter may have an otherwise prohibited import or export of weapons or military 
technical equipment submitted to the Prime Minister for consideration (for an exemption 
from the prohibition)?  
 
Answer : 
In Viet Nam, the personal possession of weapons, explosives, combat gears (except for rudimentary 
weapons that are o bjects for display, exhibition, or family heirloom) is one of the prohibited acts 
according to the Article 5, Clause 1, Law on management and use of weapons, explosives and combat 
gears, Law No. 14/2017/QH14 dated on 20 June 2017.  
Weapons, ammunition, expl osives (except industrial explosives), military technical equipment 
belongs to the List of goods banned from export or import and under the management authority of 
the Ministry of National Defence as prescribed in the Decree No. 69/2018/ND -CP dated on 
15 May 2018 of the Government on guidelines for the Law on foreign trade management.  
The export and import of weapons, ammunition, explosives (except industrial explosives) and 
military technical equipment mentioned above must be considered and approved by th e Prime 
Minister and only for the protection of national defen ce and security purpose (as defined in Clause 
3, Article 5 of Decree No. 69/2018/ND -CP), not for other purposes.  
Due to the current reporting process for the Prime Minister to consider and decid e on the export and 
import of various types of weapons, military technical equipment for national defen ce purpose is a 
confidential process, the interested parties are proposed to send a request of cooperation to the 
Ministry of National Defence of Viet Na m (through the official diplomatic channel). The Ministry of WT/TPR/M/410/Add.1  
 
- 28 - 
 
 Defence of Viet Nam will assign the competent authority to consider and response based on the need 
of weapons and military technical equipment.  
 
Page 71/73 (Para. 3.93 and Table 3.9)  
The table in  the Secretariat Report refers to groups/categories of natural resources which are subject 
to royalties described in paragraph 3.93.  
 
Question : 
Can Viet Nam provide more information on the methodology of the Standing Committee of the 
National Assembly in d etermining the minimum and maximum rates for each natural resource 
product?  
 
Can Viet Nam clarify if the sandalwood referenced is Osyris lanceolata, and if so, in what form is the 
sandalwood exported and/or traded?  
 
Answer:  
Osyris lanceolata in Viet Nam called sandalwood (Đàn Hương) is a plant species distributed mainly 
in Africa, is listed in Appendix II of CITES. Therefore, every part and derivative of the sandalwood 
tree, when exported or imported, must have a license, except seeds, pollen and packaged  finished 
products, ready for retail sale in the market.  
 
Page 73 (Para. 3.94)  
 
Question : 
14. Could Viet Nam indicate if it has restricted or limited its rubber exports at any time over the 
past four years and, if so, to what export markets and address why thi s may have occurred?  
 
Answer:  
Every year, the output of rubber wood exploited is about 4.5 -5 million m3. In order to encourage 
deep processing and increase product value, the Government has introduced regulations restricting 
the export of logs and sawn ti mber (including rubber wood). Export tax on log and sawn timber is 
25% (as regulated in Decree No. 125/2017/ND -CP). Since Viet Nam has signed free trade 
agreements (EVFTA and CPTPP), when exporting rubber wood (round and sawn) to these markets, 
the tax rat e is lower.  
 
Page 77 (Para. 3.120)  
Over the years, the VDB has financed numerous programmes and projects assigned by the 
Government, and provided credit guarantees for SMEs to receive loans from commercial banks. 
Eligible projects are announced each period , and the VDB prepares internal procedures for the 
appraisal of its lending decisions. Since 2009, more than 2,500 enterprises have applied for SME 
credit guarantees totalling VND 60 trillion; the VDB has issued over 1,500 certificates for credit 
guarantee s totalling VND 10.7 trillion. The VDB also implemented other tasks assigned by the 
Government, such as providing enterprises in difficulty with working capital to ensure the payment 
of salaries during the financial crisis.  
 
Questions : 
15. How does Viet Nam d efine "small and medium -sized enterprise"?  
16. Does the Government intend to target different types of SMEs through these programmes 
and policies, such as those owned/led by women, Indigenous peoples or youth?  
17. How does Viet Nam raise awareness of/promote these  programmes for SMEs?  
 
Answer:  
Article 4 of the 2017 Law: Provision of Assistance for Small and Medium Enterprises and Article 6 of 
Decree No. 39/2018/ND -CP dated 11 March 2018 provide detailed guidance, as well as many other 
articles of this law regulate , on specified subjects considered as small and medium enterprises.  
 
18. Can Viet Nam provide additional statistics and/or results on how this strategy has impacted 
the growth of SMEs?  
 
Page 77 -78 (Para. 3.122)  
Law No. 04/2017/QH14 (Provision of Assistance for Small and Medium -sized Enterprises), issued on 
12 June 2017, and entered into force on 1 January 2018, stipulates support measures such as access WT/TPR/M/410/Add.1  
 
- 29 - 
 
 to credit and credit guarantee funds to SMEs, and reductions  or exemptions in land and water surface 
rents and use levies. Corporate income taxes can be reduced for companies investing and trading in 
production and distribution chains heavily populated by SMEs. Eligible SMEs are defined in Article 4 
of the Law, acc ording to their total capital or revenue and the number of employees; beneficiaries 
are SMEs originated as household business, creative start -ups, innovative start -ups, and SMEs 
participating in processing and industrial clusters or value chains. The SME D evelopment Fund, 
established by Decree No. 39/2019/ND -CP of 10 May 2019, offers loans to SMEs at lower interest 
rates than those of commercial banks. Loans through the Fund can cover up to 80% of investment 
capital for a project with an interest rate 20% l ower than the lowest commercial loan interest rate 
for a term up to seven years.  
 
Questions : 
19. Does Viet Nam collect sex -disaggregated data on those enterprises which received credit 
guarantees?  
20. If so, can Viet Nam provide the percentage of women -owned bus iness who received credit 
guarantees as part of these programmes?  
 
Page 78 (Para 3.125)  
The Secretariat Report refers to Viet Nam's new Investment Law, which entered into force on Jan 1, 
2021, now extends certain incentives to additional groups, including 'creative start -ups, innovation -
related centres, and R&D centres', as well as stipulating (under Art. 20) that the Government may 
grant special investment incentives for projects generating a great impact on socio -economic 
development.  
 
Question : 
21. Can Viet  Nam provide the criteria for determining the socio -economic impact under which 
the government provides the above -referenced special investment incentives, including 
examples of projects that would meet the criteria?  
 
Answer:  
The new Law on Investment ment ioned in these questions was promulgated in June 2020 and came 
into force on 1 January 2021, which is not within Viet Nam's trade policy review period (2013 -2019). 
Therefore, these questions are not subject to be answered.  
 
Questions : 
22. Can Viet Nam elaborat e on the definition of the aforementioned additional groups now 
covered under the Investment law, specifically in the categories of 'creative start -ups, 
innovation -related centres, and R&D centres'? Are these economy -wide categories, or 
sector -specific?  
 
Answer:  
The new Law on Investment mentioned in these questions was promulgated in June 2020 and came 
into force on 1 January 2021, which is not within Viet Nam's trade policy review period (2013 -2019). 
Therefore, these questions are not subject to be answer ed. 
 
23. Are such incentives available to projects with participation from foreign firms?  
 
Answer : 
The new Law on Investment mentioned in these questions was promulgated in June 2020 and came 
into force on January 01, 2021, which is not within Viet Nam's trade policy review period (2013 -
2019). Therefore, these questions are not subject to be answered.  
 
Page 84 (Para. 3.145)  
The report notes the main legislation covering SPS measures, and highlights that with the exception 
of the Law on Food Safety, all pre vious legal texts were enacted during the review period. It also 
notes that these were all notified to the WTO. Between June 2013 and June 2020 Viet Nam submitted 
84 notifications to the SPS Committee, but no emergency notifications.  
 
Question : 
24. Does Viet N am have any planned upcoming sanitary and phytosanitary regulatory initiatives 
not referenced in the TPR reports that could impact Canadian exports of agriculture, forestry, 
or aquatic products?  WT/TPR/M/410/Add.1  
 
- 30 - 
 
 Answer:  
The TPR reports has the most updated information rel ating to the current sanitary and phytosanitary 
regulations of Viet Nam. Vietnamese regulations will be continuously updated to ensure that the 
regulation of food safety in Viet Nam will be in line with international standards and practices for 
food safety  of exporting markets. Viet Nam will notify to the WTO when there is any update and 
change in the status of the law on SPS in the coming time, Canada and other WTO Members are 
welcomed to provide any comments.  
 
Page 90 (Para. 3.173)  
Factors that would be t aken into consideration in the assessment of significant competition -
restrictive effects include: (i) the combined market share; (ii) the level of concentration before and 
after the concentration activity; (iii) the relationship of relevant enterprises; (i v) competitive 
advantages resulting from the concentration activity; (v) the probability of a significant increase in 
the price or the profit rate; and (vi) the capability to remove or prevent other enterprises from 
entering the market. The National Compet ition Commission (NCC) would also consider the positive 
effects of an economic concentration activity, including those on the development of the industry, 
the sector, and science and technology, according to state's strategic planning, the development of 
SMEs, and the enhancement of the competitiveness of Viet namese enterprises in the international 
market.  
 
Questions : 
25. Does the NCC also consider the positive effects of an economic concentration activity on 
women's participation in the economy and trade?  
 
Answer:  
The consideration of positive effects of an economic concentration is stipulated at the Article 32 of 
Viet Nam Competition Law and Article 15 of Decree No. 35/2020/ND -CP detailing number of articles 
of the Competition Law. The consideration, as provi ded by the law, do not take "women's 
participation in the economy and trade" into consideration explicitly.  
 
26. Can Viet Nam provide examples of successful economic concentration activities that have 
been implemented to support the development of SMEs?  
 
Answer:  
In 2019, Viet Nam Competition and Consumer Protection was notified about an acquisition between 
two big p layers diary industry in Vietnamese market. Although the combined market share post -
merger of the two players was high (more than 30%), the acquisition was approved by the 
competition authority because its positive effects was outweighing its anti -competit ive effects. With 
regard to the consideration of "support the development of SMEs", the economic concentration was 
supposed to open opportunity for SMEs to participate in the distribution channel of post -merger 
companies as well as the value chain of diary  production industry.  
 
Page 97 (Para. 3.204)  
Government procurement follows the general principles of competitiveness, fairness, transparency, 
and economic efficiency. Furthermore, it is used as an important tool to achieve specific economic 
or social goals, e.g. promoting the development of domestic  industries and SMEs, and securing 
domestic employment and women's employment. Viet Nam also maintains "buy national" 
requirements and preferential treatment for certain suppliers and service providers.  
 
Questions : 
27. What are some of the barriers that SMEs face when participating in government 
procurement?  
28. Can Viet Nam provide examples of how government procurement has helped to secure 
women's employment?  
 
Page 97 (Para. 3.205)  
Viet Nam has been an observer in the WTO Committee on Government Procurement sin ce December 
2012. As it is not a signatory of the WTO Agreement on Government Procurement (GPA), it does not 
undertake any commitment within the WTO legal framework to open its government procurement 
market to other WTO Members.  
 WT/TPR/M/410/Add.1  
 
- 31 - 
 
 Question : 
29. Given Viet Nam's  commitments to open its government procurement market under the 
CPTPP and EVFTA, does Viet Nam have an interest in initiating the accession process to the 
WTO Agreement on Government Procurement (GPA)?  
 
Answer:  
Small and medium enterprises may be in more difficult position when participating in government 
procurement due to their constraint in capacity, experience and competitiveness.  
 
Page 98 (Para. 3.211)  
Government procurement is divided into domestic bidding and international bidding. Domestic 
bidding is organized for most procurement projects. In the case of domestic bidding, only domestic 
tenderers are allowed to participate in a tender. International bidding is organized only when: (i)  the 
sponsor of a project requests international bidding; (ii) the concerned goods cannot be manufactured 
in Viet Nam or Viet Namese goods fail to meet technical, quality, or price requirements; or 
(iii) domestic providers of the services concerned cannot meet performance requirements. 
International bidding is al so organized for investment projects in the form of PPPs and investment 
projects with land use, except for limited cases prescribed by the Law on Investment."  
 
Question : 
30. How does Viet Nam determine if goods cannot be manufactured in Viet Nam, or if domesti c 
goods fail to meet technical/quality/price requirements?  
 
Answer:  
The Bidding Law (Article 14) regulates the incentives for contractors who employ 25% (or more) 
female employees when taking part in the bidding.  
 
Page 100 (Para. 3.219)  
"Buy national" requ irements are a key feature of Viet Nam's government procurement policy. They 
take the form of preferential treatment of tenders that meet the domestic content or domestic labour 
requirements. In accordance with the Law on Bidding and its implementing decre e, preferential 
treatment is granted to certain suppliers if they meet the following criteria:  
a. in both domestic and international bidding for goods, tenderers whose goods contain no less than 
25% domestic content in value;  
b. in international bidding of services and construction works, domestic tenderers or foreign 
tenderers in partnership with domestic tenderers in which domestic tenderers fulfil no less than 25% 
of the value of the tender;  
c. in domestic bidding of services and construction works, t enderers whose employees are made up 
of no less than 25% women, or persons with disabilities; or  
d. tenderers that are SMEs.  
 
Questions : 
31. How does Viet Nam define an SME for the purposes of buy -national requirements?  
 
Answer:  
Viet Nam is studying and considering joining the GPA.  
 
32. Can Viet Nam provide data on the percentage of SMEs that were granted preferential 
treatment as part of the "Buy National" requirements?  
 
Answer:  
Viet Nam bases the determination of domestically produced goods on research on the domestic 
goods market.  
 
33. Can Viet Nam provide data on the number of tenderers who had 25% or more women 
employees making up their workforce?  
 
Answer : 
The identification of small and medium -sized enterprises is based on the provisions of Art icle 4 of 
the Law on provision of assistance for small and medium -sized enterprises and Article 6 of Decree 
No. 39/2018 / ND -CP dated March 11, 2018 detailing some articles of this Law.  
 WT/TPR/M/410/Add.1  
 
- 32 - 
 
 Page 103 (Para. 3.229)  
The Secretariat Report highlights the revised Law on Technology Transfer (Law No. 07/2017/QH14), 
which "aims at facilitating technology transfer and application, supporting technology R&D activities, 
and controlling the quality of technology transferred into Viet Nam."  
 
Question : 
34. Can Viet Nam provide information on the frequency of related technology transfers having 
been deployed through the Vietnamese Government since the Law came into effect in 2018?  
 
Answer:  
According to the statistics, since the Law on Technology Transfer came into effect in July 1st, 2018 
until the end of 2020, there are 166 technology transfer contracts granted with registration 
certificates (all technology transfer contracts are from abroad to Viet Nam). In which, there are 
141 technology transfer contracts granted to fo reign-invested enterprises in Viet Nam. The 
technology transfer contracts are mainly in the fields of: electronics; car; motorcycle; chemistry; 
petrochemical; producing food for cattle, poultry and aquatic products; manufacture of drugs and 
medical equipme nt; fermented beverages; and plastic product.  
 
Page 104 (Para. 3.232)  
The Secretariat Report indicates that "trademark remains the area where applications grew 
significantly, although the number of grants was relatively moderate."  
 
Questions : 
35. Can Viet Nam provide additional details regarding the "moderate" granting of trademark 
applications during the review period?  
 
Answer:  (for both question 34 and 35)  
Currently, Viet Nam does not have an adequate database system on government procurement. In 
the upcoming time, when the National Procurement Network System is completed, the information 
gathering on government procurement will be implemented more effectively.  
 
Answer:  
The "relatively moderate" level of granting of trademark is reflected in the insignificant increase in 
the number of trademarks granted over the years in the period from 2013 to 2018, this is due to 
the objective and subjective reasons, specifically:  
- Objective reason: many trademark applications do not meet the conditions of prot ection, 
or many opinions from third parties leading to an extension of the examination period.  
- Subjective reason: the resources of the IP Office (human resources and infrastructure) are 
still limited; there are a number of difficulties in the implementat ion mechanism of rights 
establishment activities, etc.  
 
However, the granting of trademark certificates has made remarkable progress in 2019, specifically, 
the total number of grants is 28,820, the total number of classes specified in trademark certificate s 
is 68,549 in 2019 (compared with the corresponding figures in 2018 are 18,562 and 49,769, and in 
2017 are 19,401 and 47,405). This is the result of a major adjustment in organizational structure, 
human resources, examination implementation mechanism and efforts to improve the quality of 
human resources as well as improve infrastructure and techniques of the IP Office.  
 
36. Noting the statistics provided in Table 3.17, can Viet Nam provide information on the 
decrease in resident trademark applications (60,731 to 43,647) and non -resident trademark 
applications (33,465 to 10,154) from 2018 to 2019?  
 
Answer  
Firstly, note that figures in the period of 2013 -2018 under the groups "Trademark Applications" and 
"Trademark Granted" in Table 3.17 in the Secretariat Report  are exactly the "Number of Classes 
Specified in Trademark Applications" and the "Number of Classes Specified in Trademark 
Registrations" (information available at the link: 
https://www.wipo.int/ipstats/en/statistics/country_profile/profile.jsp?code=VN ).  
 
However, data of "Trademark Applications" in 2019 in the current Secretariat Report are the number 
of trademark applications without taking into account the num ber of classes in those applications. WT/TPR/M/410/Add.1  
 
- 33 - 
 
 Therefore, to ensure consistency of data in the table, Viet Nam  would like to correct the figures in 
2019 specified in Table 3.17 as follows:  
+ 74,516 resident Trademark Applications.  
+ 37,872 non -resident Trademark Ap plications.  
According to this calculation, the data have no decrease and still keep the uptrend over the 
years.  
 
Page 104 (Para. 3.233)  
The Secretariat Report highlights that IP Viet Nam is experiencing a large backlog of patent 
applications and a resultan t long waiting period between application and grant. For this reason, 
"[b]uilding patent examination capacity is a particular focus. During the review period, IP Viet Nam 
provided training for examiners, upgraded technical infrastructure, and improved inte rnal 
management. Following the amendments to the IP Law in 2019, applications can be filed 
electronically."  
 
Question : 
37. Can Viet Nam offer information as to whether a similar backlog of trademark applications 
exists, and if so, what measures such as examiner recruitment and electronic application 
filing have been taken to address it?  
 
Answer:  
The backlog of trademark applications still exists but has been significantly improved, the results of 
processing IP applications in 2020 have increased by 10.5%  compared to 2019; the amount of IP 
certificates granted increased by 18.1%, of which the number of trademark registration certificates 
increased by 14.8% compared to 2019.  
The IP Viet Nam has been taking many measures to improve the application processing  time, 
such as:  
- Propose the amendment of trademark provisions in the IP Law that are causing 
problems in implementation;  
- Recruit more examiners for the examination centr es; 
- Amend the trademark examination guideline;  
- Launched online filing system.  
- Provide s upport and advice to applicants to increase the quality of the applications;  
- Improve technical infrastructure such as development investment, upgrade search 
tools and database for the examination;  
- Provide IP training materials and textbooks for the staff a nd target audiences.  
- Promote international cooperation activities to receive support from partners such 
as implementing WIPO IPAS Project and IT System Modernization Project of the VN 
IPO; training program mes for examiners.  
Page 105 (Para. 3.235)  
According to the Secretariat Report, "IP Viet Nam is implementing pilot Patent Prosecution Highway 
(PPH) programmes under bilateral cooperation mechanisms with the Japan Patent Office and the 
Korean Intellectual Property Office. How ever, Viet Nam accepts at most 200 PPH requests per year 
from Japan and 100 from the Republic of Korea. The implementation of a PPH programme with the 
European Union is under bilateral discussion."  
 
Question : 
38. Can Viet Nam provide further information on its  domestic approval process for establishing 
Patent Prosecution Highway programmes? For instance, do PPH programmes fall under the 
scope of IP Viet Nam or require further approval from the Ministry of Science and 
Technology?  
 
Answer:  
PPH programs fall under  the scope of the IP Viet Nam, without needing further approval from the 
Ministry of Science and Technology. Accordingly, to implement the PPH program, the IP Viet Nam 
will have discussions with the IP Office of interested countries. If the discussion is s uccessful, the 
two IP offices will sign a bilateral cooperation agreement, including the provisions on the cooperation 
in implementing the PPH program me. 
 WT/TPR/M/410/Add.1  
 
- 34 - 
 
 Page 107 (Para. 3.244)  
The Secretariat Report notes that infringements in relation to illegal broadcasting often involve 
complex copyright violations. As such, "on 19 June 2012, the Ministry of Information and 
Communications and the Ministry of Culture, Sports and Tourism issued a joint circular stipulating 
the duty of enterprises providing interme diary services to protect copyright and related rights on 
the Internet and telecommunication networks."  
 
Question : 
39. Can Viet Nam elaborate on the scope of the requirements for intermediary services, with 
respect to protecting copyright and related rights on  the Internet and other 
telecommunication networks?  
 
Answer:  
In the Joint Circular No. 07/2012/TTLT -BTTTT -BVHTTDL dated June 19, 2012, there are provisions 
in Article 4 and Article 5 on the rights and liability of the intermediary service providers, includ ing: 
 
Article 4. Right of the intermediary service providers  
1. Setting up the system of inspection, supervision, process of information being put in, stored, 
transmitted in the internet and telecommunication network for prevention violation acts of 
copyri ght, related rights.  
2. Unilaterally refusing of providing services which are contrary to provisions of laws on copyright 
and related rights.  
Article 5. Liability of the intermediary service providers  
1. Storing content of digital information in their syst em of service provision, that only have 
transshipment, provisional, automatic, terminable character, be sufficient to meet technical 
requirement of digital information content transmit.  
2. Obeying works of inspection, check of competent state management ag encies under provisions 
on copyright and related rights.  
3. Removing and deleting content of digital information which violates copyright and related 
rights, cutting, stopping and suspension of the Internet line, telecommunication line as receiving 
request  in written of the inspector of the Ministry of Information and Communications or inspector 
of the Ministry of Culture, Sports and Tourism or other competent State agencies as prescribed 
by law.  
4. Supplying information of customers hiring website, digital  information storage space and 
customers using other intermediary service at the request of inspector of the Ministry of 
Information and Communications or inspector of the Ministry of Culture, Sports and Tourism or 
other competent State agencies.  
5. Having  responsibility directly for paying damages due to violation of copyright and related rights 
as prescribed by law on intellectual property and other related laws in the following cases:  
a) Being source to start publishing, transmitting or supplying content  of digital information by 
Internet and telecommunication network without permission of the subject having right;  
b) Editing, truncating, copying content of digital information in any manner without permission of 
the subject having right;  
c) Intentionally cancelling  or disabling technical measures performed by the subject having right 
for protection of copyright and related rights;  
d) Operation as source of secondary distribution of content of digital information that obtain due 
to violation of copyright an d related rights.  
6. In addition to perform provisions in clauses 1, 2, 3, 4 and 5 of this article, enterprise providing 
service of online social network must perform the following duties:  
a) Requesting person using service for commitment of performing dut y of ensuring of using legally 
content of digital information uploaded and published in the internet and telecommunication 
network system;  
b) Warning duty of civil compensation, ability of administration sanction, being prosecuted 
personal criminal liabili ty for person using online social network having act that violating copyright 
and related rights.  
 
Page 108 (Para. 3.247)  
Per the Secretariat Report, "counterfeiting and piracy remain the major IPR infringements…Online 
piracy is also a serious concern, and the authorities took important enforcement steps over the past 
few years."  WT/TPR/M/410/Add.1  
 
- 35 - 
 
 Question:  
40. Can Viet Nam provide more information on the enforcement steps taken by authorities with 
respect to online piracy?  
 
Page 108 (Para. 3.249)  
 
Questions : 
41. Could V iet Nam indicate the number and nature of IP infringement and counterfeiting cases 
related specifically to apparel, food products, footwear (including boots), and cosmetics as 
identified by the National Steering Committee against Smuggling, Counterfeiting and Trade 
Fraud?  
 
Answer:  
Currently, the National Steering Committee 389 still actively directs the prevention and handling of 
smuggling, manufacturing and trading of counterfeit goods, and commercial fraud taking place at 
all levels, areas and fields, especially on national border s, border gates, where there are many cases 
of illegal import of consumer goods (cloth, clothing, shoes, cosmetics), food products, confectionery, 
tobacco, medicine etc. into Viet Nam . 
 
42. To what degree has Viet Nam's customs office suspended customs procedu res for goods 
destined for export due to IP infringements?  
 
Answer:  
The settlement of copyright infringement is based on the system of Viet Nam's laws and regulations, 
namely the Intellectual Property Law. Competence authority to deal with violations is th e local 
administrative agency directly under the People's Committee of that province/city.  
According to the Intellectual Property Law, the Government assigns 03 Ministries to participate into 
the state management in this field, including:  
 
- Ministry of Science and Technology: Plays as leading role, co -ordinates with the Ministry of Culture, 
Sports and Tourism, Ministry of Agriculture and Rural Development in performing the state 
management of intellectual property in general and exercising st ate management of industrial 
property rights.  
 
- Ministry of Culture, Sports and Tourism: Performs the state management of copyright and related 
rights.  
 
- Ministry of Agriculture and Rural Development: Performs the state management of rights over 
plant va rieties.  
 
Ministry of Public Security, according to its functions and tasks, coordinates with the three mentioned 
Ministries, Ministry of Information and Communications, the People's Committees of provinces/cities, 
and relevant Ministries, and other author ities on intellectual property. At the same time, Ministry of 
Public Security carries out investigation, prosecution and adjudication procedures related to 
infringement of intellectual property rights in general and copyright in particular pursuant to the 
2015 Penal Code, the Criminal procedure Code and related enforcement documents.  
 
The competent authori ties of Viet Nam are revising and developing relevant legal documents such 
as: the Law on E -Transactions; a decree of personal data protection etc.  
 
Answ er: 
According to the IP Law, the measure of suspension of customs procedures for goods is also applied 
to exported goods suspected of infringing IP rights. However, in practice, the measure of suspension 
of customs procedures mainly applies to imported goo ds. According to the statistics of the General 
Department of Customs, in 2020, there are only 05 notices of suspension of customs procedures 
related to exported goods and the notice were applied to goods suspected of 
counterfeiting/infringement of trademar k rights.  
 
43. Are there any targeted measures being implemented or planned by the National Steering 
Committee, and its members, to address counterfeiting in the apparel, food products, 
footwear [including boots], and cosmetics industries?  
 WT/TPR/M/410/Add.1  
 
- 36 - 
 
 Answer:  
Regarding t he measures being implemented or planned to deal with counterfeit goods in the 
garment, food, and cosmetics industry, in 2018, the National Steering Committee 389 has submitted 
to the Prime Minister to issue Directive No. 17/CT -TTg dated 19 June 2018 on st rengthening the 
fight against smuggling, trade fraud, manufacturing and trading counterfeit and low -quality products 
in the group of medicines, cosmetics, functional foods, medicinal herbs and traditional medicines.  
 
To strictly control and handle violatio n cases, the National Steering Committee 389 has directed the 
competent units to:  
- Proactively follow the developments of smuggling, trade frauds and counterfeit 
goods according to fields and areas in charge to promptly detect and identify 
problems and emer ging fields of violations to promptly fight against and handle the 
situation ; 
- Ensure the implementation of measures is harmonized (dissemination, improving 
enforcement capacity, strengthen coordination in market control, etc.) ; 
- Focusing on inspecting, preventing and strictly handling organizations and 
individuals that produce, transport and trade smuggled, counterfeit and low -quality 
goods on the domestic market ; 
- Encourage people to report smuggling, commercial fraud and counterfeiting ; 
- Strengthen the cooperation with industry associations, enterprises to share and 
provide information and support the inspection and handling of violations of 
counterfeit goods, unknown origin and low -quality goods.  
Page 110 (Para. 4.1)  
In 2019, agriculture, for estry, and fisheries contributed 15.5% to GDP (down from 20.0% in 2013) 
and 34.5% to employment (down from 46.7% in 2013), reflecting lower labour productivity as 
compared with other sectors. The main agricultural products include rice, coffee, and rubber (Table 
4.1). By the end of 2016, about 4,400 enterprises operated in agriculture, forestry, and fisheries; 
these accounted for less than 1% of total enterprises nationwide. Many agricultural businesses are 
micro, small, and medium -sized enterprises (MSMEs) , and the majority (about 55%) have capital of 
less than VND 5 billion. The authorities consider that the ability of agriculture, forestry, and fishery 
enterprises to apply science and technology remains low; 75% of enterprises use fully depreciated 
machin ery, and many still use outdated technologies.  
 
Question : 
44. Can Viet Nam provide examples of some of the measures being taken to support MSMEs in 
the agricultural business?  
 
Answer:  
Viet Nam does not have a separate policy to support small and medium enterprises to invest in 
agriculture. However, according to Decree 39/2018/ND -CP guiding the law on small and medium -
sized enterprises, there are some incentives to support small and medium -sized enterprises in 
general and agriculture in particular as foll ows: 
- Supporting information, consulting, and developing human resources ; 
- Supporting creative start-ups (supporting intellectual property consulting, 
implementing standards, technical regulations, measurement and quality 
procedures; testing and perfecting n ew products, models new business, support for 
application, technology transfer, support for training, information, trade promotion, 
commercialization) ; 
- Supporting businesses to join associated clusters and value chains ; 
- Support for enterprises to provide p ublic services and invest in agricultural and rural 
infrastructure.  
Page 110 (Para. 4.1) and Page 114 (Para. 4.19)  
Paragraph 4.1 of the secretariat report states that the authorities consider that the ability of 
agriculture, forestry, and fishery enterpri ses to apply science and technology remains low; 75% of 
enterprises use fully depreciated machinery, and many still use outdated technologies. Paragraph 
4.19 describes that the objectives of the Master Plan of Production Development of Agriculture to 
2020,  Vision to 2030 for agricultural development are to: develop modern, sustainable, and 
comprehensive agriculture by promoting comparative advantages; apply science and technology to WT/TPR/M/410/Add.1  
 
- 37 - 
 
 increase productivity, quality, efficiency, and high competitiveness, and t o ensure national food 
security, in both the short and long terms, while meeting diverse domestic and export demands; 
and improve the efficiency of land, water, labour, and capital use.  
 
Question : 
45. Does Viet Nam intend to implement any new programs in an ef fort to increase science and 
technology in its agriculture sector as part of its Master Plan of Production Development of 
Agriculture to 2020, Vision to 2030?  
 
Answer:  
In the period of 2021 -2025, the Vietnamese government issued Decision No. 255/QD -TTg da ted 
February 25, 2021 approving the agricultural restructuring plan for the period 2021 - 2025. Some 
measures relating to the field of science and technology are as follows: raising the level of science 
and technology research, transfer and application; an d promoting the application of high 
technologies, digital technologies and information technology in all stages of the value chain, 
synchronously connect with other industries and fields to form smart agricultural production.  
 
Page 113 (Paras. 4.10 and 4.11)  
As noted in the secretariat report, state -owned enterprises (SOEs) play a critical, though declining, 
role in the production, processing, and trade of agricultural products. During the review period, the 
authorities focused on the restructuring of SO Es to promote equitization and divestment of 
investment capital to achieve efficiency of state capital. According to the authorities, 18 SOEs were 
corporatized by the end of 2017.  
 
Question : 
46. What is the status of Viet Nam's efforts to equitize SOEs in the agriculture sector?  
 
Page 114 (Para. 4.19)  
According to Resolution No. 63/NQ -CP, issued on 23 December 2009, objectives for Agricultural 
Development by 2020, Vision to 2030, are to: ensure enough food supplies with an output higher 
than the population grow th rate; end food shortages and improve the quality of meals; and ensure 
that rice farmers have an average profit of over 30% compared with production costs.  
Question : 
47. Could Viet Nam elaborate on what measures it has implemented to ensure farmers have an 
average profit exceeding 30% compared to production costs?  
 
Answer:  
- According to Resolution No. 63/NQ -CP, issued on 23 December 2009 to emphasize the target 
"By 2020, with a vision to 2030, there must be enough food supplies with output higher than 
the population growth rate; to end food shortage and improve the quality of meals; ensuring 
that rice farmers have an average profit of over 30% compared to production costs.", the 
following measures are implemented as:  
- To ensure national food security, by 202 0, with a vision to 2030, the area of paddy land to 
be kept is: 3.8 million ha, of which: 3.2 million ha of rice land with two or more crops. up, 
have complete irrigation.  
- The area of paddy land that needs to be kept and strictly protected must be determin ed 
specifically to each locality (province, district and commune level) and mapping the current 
rice land use status to the user. The Government has issued Decree 42/2012 / ND -CP on 
the management and use of rice land Decree No. 35/2015 / ND -CP on the mana gement and 
use of rice land, including supporting contents. for the people to continue to produce rice.  
- Support for investment in infrastructure development, repair of irrigation works, and 
development of science and technology application. Capacity buildi ng for scientific research, 
agricultural extension, information and international cooperation related to food security.  
Supporting the development of production association, large sample fields according to the 
Government Decree 98/2018 / ND -CP on policies  to encourage the development of cooperation and 
association in the production and consumption of agricultural products. The goal is to help farmers 
link with businesses to ensure the purchase of rice for the people to avoid the situation of the 
devaluatio n of the season.  
- Rice production support policy applies GAP standards, sustainable production to reduce costs and 
help increase rice value  WT/TPR/M/410/Add.1  
 
- 38 - 
 
 - Priority policy for research on improving high quality rice varieties to improve rice quality and yield.  
Page 115 , (Para. 4.22)  
As stated in the secretariat report, with a view to encouraging and reducing agricultural production 
costs, VAT has not been imposed on fertilizers since 1 January 2015, in accordance with the 
provisions of the Law on Amendments to Tax Laws (Law No. 71/2014/QH13, issued on 26 November 
2014).  
 
Question : 
48. Does Viet Nam consider this VAT exemption on fertilizer an input subsidy and is the VAT 
exemption on fertilizer offered to all agriculture producers?  
 
Answer:  
The Law on VAT has no provision on VAT exemption or reduction. Under the provisions of Article 5 
of the current VAT Law, fertilizers are not subject to VAT. The Law also stipulates that business 
premises of goods and services that are not subject to value -added tax specified in  Article 5 cannot 
deduct and refund input value -added tax.  
Therefore, fertilizers are not subject to VAT. This regulation applies to all domestically produced and 
imported fertilizers. Enterprises producing and trading in fertilizers are not allowed to ded uct and 
refund input VAT, so the provision that fertilizers are not subject to VAT is not an input subsidy.  
 
Page 120 (para 4.41)  
The Secretariat Report notes oversight for seeking mining project approval, the process of which 
encourages advanced and envir onmentally friendly techniques of operation.  
 
Questions : 
49. Are there incentives granted for the employment of such advanced and environmentally 
friendly techniques, or plans to encourage the deployment of clean technology in carbon -
intensive sectors?  
50. Can Vie t Nam provide examples of projects employing such techniques?  
 
Page 128 (Para 4.74)  
According to the Secretariat report, Viet Nam's 'Development Strategy for the Oil and Gas Industry 
of Viet Nam to 2025, Vision to 2035' aims to enhance the country's capaci ty to import liquefied 
natural gas to 4 bcm.  
 
Questions : 
51. What strategies are Viet Nam pursuing to increase LNG imports, in addition to the 
construction of new import terminals?  
 
Answer:  
Next time, Viet Nam plans to import LNG to compensate for the shortage  of natural gas in the 
country. According to the Resolution of the Politburo No. 55/NQ -TW dated February 11, 2020 on 
Orientations of the Viet Nam's national energy development strategy to 2030 and outlook to 2045 
has set a target to develop the LNG sector in Viet Nam, which is capable of importing LNG of about 
8 billion m3 by 2030, about 15 billion m3 by 2045 and considering LNG as the direction of thermal 
power development. In order to concretize and orient the LNG import plan, Viet Nam is developing 
and c ompleting the National Energy Master Plan for the period 2021 -2025, with a vision to 2050 
(National Energy Planning) and soon issued in the coming time.  
'-Accordingly, Viet Nam has planned to develop LNG for each period, each region on the 
basis of resear ch and assessment of regional supply and demand as well as development 
orientations for other related sectors ensuring synchronously and efficiency.  
'-In the LNG development plan planned in the National Energy Master Plan, beside the 
construction of port storage on the mainland, Viet Nam  is also considering storage options 
on FSRU - Floating Storage Regasification Unit,… but still prioritizes the effec tiveness of the 
project.  
 
52. What are the country's timelines to reach their preferred import capacity, and does Viet Nam 
have plans to improve their import capacity beyond the targets in the Development 
Strategy?  WT/TPR/M/410/Add.1  
 
- 39 - 
 
 Answer : 
As mentioned above, the development t arget of the LNG sector in Viet Nam is to have enough LNG 
import capacity of about 8 billion m3 by 2030, about 15 billion m3 by 2045. To accomplish that goal, 
the National Energy Master Plan is divided to 3 phases 2021 -2025, 2026 -2030, 2031 -2050 and has 
been clearly planned, specifically for each stage. In fact, the LNG development plan stated in the 
National Energy Master Plan has been coordinated by ministries, branches and localities with 
businesses, experts, and a research and consultants based on busin ess development orientation, 
regional development, so the LNG development plan in Viet Nam will have to comply with the 
development orientation planned in the National Energy Master Plan. In case, the project needs to 
develop further than planned, it must comply with the provisions of the Planning Law and other 
relevant legal documents.  
 
Page 132 (Para. 4.98)  
USD 38.8 billion of textiles and garments were exported by Viet  Nam in 2019, accounting for 14.7% 
of merchandise exports; Viet Nam was among the world 's largest textile and apparel exporters in 
2019. The main destinations for exports are the United States (39%), the European Union (11%), 
China (10.6%), Japan (10.8%), and the Republic of Korea (9.9%). The textiles and garments 
industry has more than 7,00 0 enterprises mainly located in industrial parks or craft villages (mostly 
SMEs), and around 1.75 million workers, equivalent to 17.5% of all manufacturing and processing 
employment. The garments subsector accounts for 84.6% of the industry's output.  
 
Questions : 
53. Can Viet Nam provide sex -disaggregated data on the SMEs that participate in the textile and 
apparel industry?  
 
Answer:  
Statistics of the General Statistics Office (GSO) show that in recent years the number of textile 
enterprises has increased sh arply, from 408 textile enterprises and 579 garment enterprises in 2000 
to 1,862 textile enterprises and 3,992 garment enterprises in 2010, and 3,518 textile enterprises 
and 6,961 garment enterprises in 2017. Most textile and garment enterprises are small and medium -
sized enterprises with a labo ur scale of less than 300 employees, and a capital scale of less than 
VND 50 billion.  
Number of Vietnamese textile and garment enterprises by size (2018)  
Unit: Enterprise  
  Total Enterprise Size (employees)  
 Total   <300   300 - 499   500 - 999   1000 - 
4999   >5000  
Textile   4404 
(100%)   4184 
(95%)   104 (2%)   65 (1%)   45 (1%)   6 (0%)  
Garment   7627 
(100%)   6643 
(87%)   298 (4%)   335 (4%)   308 (4%)   43 (1%)  
    Total Enterprise Size (capital, billion VND)  
 Total   <10   10 - 50   50 - 200   200 - 500   >500  
Textile   4404 
(100%)   2809 
(64%)   913 (21%)   409 (9%)   140 (3%)   133 (3%)  
Garment   7627 
(100%)   5207 
(68%)   1522 
(20%)   609 (8%)   175 (2%)   114 (1%)  
Source:  Statistical Yearbook 2019.  
54. Do these SMEs face barriers when participating in global supply chains?  
 
Answer:  
Most Vietnamese small and medium enterprises in textiles and apparel have not been able to 
participate in the global textile supply chain, mainly processing goods for major brands in the world, 
because the brands specify raw materials. In 2020, the import turnover of textile and garment WT/TPR/M/410/Add.1  
 
- 40 - 
 
 materials and accessories reached USD 19.68 billion, a decrease of 9.6% compared to 2019. Import 
of textile materials and accessories decreased in all items, import of fabrics reached over 
USD 11.9 billion, down 10.5% compar ed to 2019 due to decreased exports; fiber and yarn import 
reached USD 1.99 billion.  
 
55. Are there any government initiatives in place to help them integrate into the global 
economy?  
 
Answer:  
Organize trade promotion activities, help businesses participate in  seminars, fairs, connection 
sessions with customers around the world, promote operations of Trade Offices abroad, seek and 
connecting customers, building an open investment environment, attracting domestic and foreign 
investors to participate in developin g textile supply chains in Viet Nam.  
 
Page 143 (Para 4.144)  
It is noted that Viet Nam's draft amendment to the Law on Insurance Business aims to encourage 
the use of information technology in insurance activities.  
 
Question : 
56. Could Viet Nam expand on how th e draft amendment to the Law on Insurance Business will 
encourage the use of information technology in insurance activities and whether Viet Nam 
will require insurers to use information technology that is located only in Viet Nam?  
 
Answer:  
The Draft Law on Insurance Business stipulates to encourage the application of information 
technology in insurance business activities, towards:  
I. Requirements for information technology application enterprises, of which: the information 
technology system responds to requirements for management of insurance business 
activities, in accordance with their operation size, and requirements for cyber security, 
publicize all information about businesses, insurance products, the system displays all 
product contents, etc.  
ii. Stipulate some content on services provided through the network environment.  
iii. Requirements for organizations providing insurance services over the network 
environment, especially identifying the list of features of the organization providing 
insuran ce services over the network environment, meeting cyber security requirements and 
implementation steps.  
- Regarding the opinion that Viet Nam requires insurance enterprises to use information 
technology in Viet Nam: the draft Law on Insurance Business (ame nded) does not provide 
for this requirement.  
 
Page 148 (Para 4.165)  
The Secretariat Report notes: "Following Prime Minister's Decision No. 995/QD -TTg, issued on 
9 August 2018, the MOT is preparing five national transport plans (road, railway, seaport syste m, 
airport system, and inland water infrastructure) for the period 2021 -30." 
 
Question  
57. Could Viet Nam please elaborate on the specific objectives and status of the five national 
transportation plans, including the anticipated timeline for their completion?  
 
Answer:  
The development of 5 plans in the transport sector aims to implement the Law on Planning 2014, 
Resolution No. 11/NQ -CP dated 5 February 2018 on the implementation of the Law on Planning and 
Decision No. 995/QD - TTg dated 9 August 2018 of the Government on national sector planning for 
the period 2021 - 2030, with a vision to 2050. The purpose of building these plans is to ensure 
consistency and synchronisation between transportation sector plan with socio -economic plan 
development strate gy, and among sectors, avoiding overlap and serving as a basis for promoting 
the socio -economic development of the country. It is expected that the Ministry of Transport will 
submit to the Appraisal Council in April 2021 and submit to the Prime Minister fo r approval in 2021.  WT/TPR/M/410/Add.1  
 
- 41 - 
 
 Part II: Questions on the Government Report  
 
Page 6 (Para. 1.5)  
Viet Nam identifies the Comprehensive and Progressive Agreement for Trans -Pacific Partnership 
(CPTPP) and Free Trade Agreement between Viet Nam and European Union (EVFTA) a s its two "new -
generation" ratified free trade agreements.  
 
Question : 
1. What lessons has Viet Nam drawn from the implementation process of its "new -generation" 
free trade agreements, the Comprehensive and Progressive Agreement for Trans -Pacific 
Partnership (CPTPP) and Free Trade Agreement between Viet Nam and European Union 
(EVFTA), that it can share with other developing economies who may be considering 
negotiating or joining free trade agreements of similar ambition?  
 
Page 12 (Para. 2.19)  
In the period of 2016 -2020, about 234 documents have been drafted and promulgated and the 
National Assembly has passed 26 laws therein related to economic restructuring with many 
important laws that contribute to promoting economic restructuring such as: Law on  Public 
Investment; Law on State Budget; Law on Investment and State Capital Investment in Enterprises; 
Law on Provision of Assistance for Small and Medium -sized Enterprises (SMEs); Law on Technology 
Transfer; Law on Investment; Law on Enterprises; Law on Credit Institutions; Law on Planning; Law 
on Public -Private Partnership Investment; Law on Labour Code; etc. Notably, the Government has 
promulgated and implemented all projects and plans for restructuring sectors and fields, such as 
SOE restructuring plan , public investment restructuring, and credit institution restructuring 
associated with bad debt settlement and restructuring the industry, agriculture and service.  
 
Questions : 
2. Can Viet Nam provide more information on the Law on Provision of Assistance fo r Small and 
Medium -sized Enterprises?  
3. Have any additional initiatives or programmes emerged due to this law?  
 
Page 28 (Para. 2.109)  
Per the Government Report, in 2019 Viet Nam issued a National IP Strategy, which set out a number 
of tasks and solutions wi th the goal of improving the organization of relevant authorities as they 
relate to IP.  
 
Question : 
4. With awareness that the COVID -19 pandemic may have interrupted regular workflow, can 
Viet Nam provide any additional information on the achievements of thei r IP strategy to 
date?  
 
Answer:  
After the National IP Strategy was issued, the competent agencies of Viet Nam (including ministries, 
ministerial -level agencies, government agencies, People's Committees of provinces and cities) 
started planning the implementation to perform the tasks and solutions of the Strategy. A number 
of ministries and local departments have issued the implementation plan for the IP Strategy up to 
2030 with specific objectives and tasks, such as widely dissemination of the Strat egy in particular 
and IP in general; promote the enforcement of IP rights; supporting organizations and individuals in 
creating, establishing and exploiting IP rights ...  
The Covid pandemic partly affects the implementation of the IP Strategy (some activit ies have to be 
done online or temporarily delayed), however, Viet Nam is and will endeavo ur to promote effective 
implementation of the Strategy on a national scale.  
 
Page 29 (Para. 2.112)  
The Government Report enumerates various "[a]ctivities of IP dissem ination and public awareness" 
undertaken by Viet Nam from 2012 -2019, with the goal of increasing IP awareness and innovation. 
Some of the activities described include "26 workshops, roundtables and community activities […] 
organized with 2,753 participants  from public management agencies, businesses, research 
institutes, and universities" in 2019 alone.  WT/TPR/M/410/Add.1  
 
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 Question : 
5. Can Viet Nam provide information about how these IP awareness activities have been 
impacted by the COVID -19 pandemic, and how they have been adap ted to continue under 
public health restrictions, if at all?  
Answer:  
Since the COVID -19 pandemic did not affect Viet Nam in 2019, IP dissemination and public 
awareness activities are still taking place as planned.  
In the early 2020, due to the requirement to avoid crowds and public gathering to prevent the spread 
of COVID -19, IP dissemination and public awareness activities are mainly carried out through 
communication channels, online workshops and seminars.  
After the pandemic has been temporari ly controlled in Viet Nam, IP dissemination workshops and 
seminars were able to be held offline, as long as measures to prevent COVID -19 were ensured, such 
as keeping safe distance, wearing masks, filling in medical reports etc.  
Page 36 (Para. 2.165)  
The report indicates that the CPTPP entered into force for the initial six Parties on 30 December 
2020.  
 
Questions : 
6. Could Viet Nam update the date of entry into force for the initial six CPTPP Parties to 
30 December 2018?  
 
Answer:  
This is a typo error. We sha ll update accordingly.  
 
Page 42 (Para. 2.194)  
 
The Government Report notes: "In the period of 2013 -2019, along with the implementation of 
Viet Nam's WTO commitments, Viet Nam has made great efforts to improve the institutional system, 
state management poli cies as well as create a favourable business environment to be transparent 
and to promote the formation of a socialized, highly competitive, fair and healthy transport market; 
encourage investment in developing domestic transport as well as international t ransport; establish 
mechanisms to encourage domestic transport enterprises to invest abroad as well as facilitate foreign 
businesses to invest in the development of Viet Nam's transportation system."  
 
Questions : 
7. Could Viet Nam please elaborate on the mecha nisms established to facilitate foreign 
investment in the development of Viet Nam's transportation system?  
 
Answer:  
In recent years, Viet Nam has made numerous efforts to improve institutions and policies to ensure 
equality, stability, openness and transparency in attracting foreign investment.  
In 2020, the National Assembly promulgates the Law on Investment, effective from 1 January 2021. 
The Law has amended and supplemented a number of sectors and trades subject to investment 
incentives to ensure s elective and quality investment attraction and supplement regulations to allow 
the Prime Minister to apply special incentives to create a mechanism. policies are attractive enough 
and timely to attract FDI inflows which are moving rapidly in the current co ntext. At the same time, 
the Law also adds a new form of investment incentives: "Quick depreciation, increase deductible 
expenses when calculating taxable income", in addition to the 03 incentives specified in the Law on 
Investment. 2016.  
Also, in 2020, th e Law on Investment under the Public -Private Partnership (PPP) mode has been 
issued by the National Assembly, effective from 1 January 2021, of which transportation is one of 
the five areas invested by the PPP. After the PPP Law was introduced, the regulat ions had higher 
effect and more stability, helping to avoid risks for investors in case of legal changes. The PPP Law 
has many new features, including the sharing of responsibilities, risks, profits, and clear and 
transparent commitments between the State and investors. The Government has also issued 
Decrees guiding the implementation of the above Laws to facilitate investment activities of 
enterprises.  
 WT/TPR/M/410/Add.1  
 
- 43 - 
 
 8. In order to further develop the transportation system, is Viet Nam considering any further 
exemptions or liberalization of existing requirements for foreign investment or participation 
of foreign service suppliers in the sector?  
 
Answer:  
In order to implement a foreign policy to enhance international integration as well as to meet the 
needs of transport development, in recent years, Viet Nam has been studying and implementing 
further liberalization. The market calls for foreign investors to invest in developing the transportation 
system in Viet Nam. Commitments to liberalize and open markets in the transport sector in 
international treaties and free trade agreements (FTAs) to which Viet Nam is a party are increasingly 
enhanced and expanded to encourage Foreign investment is involved in investment and 
development of transportation, typically in CP TPP, EVFTA Agreements, ASEAN Framework 
Agreements on Services . 
Page 43 (Para. 2.203)  
The Government Report notes: "Developing urban traffic towards a civilized, modern and 
environmentally friendly way with public transport as the foundation; building step by step large -
volume passenger transport routes in urban cent res of grade I; continuing to develop the urban 
railway network in Ha Noi capital and Ho Chi Minh city to ensure increasing the public passenger 
transport rate to about 20% -25%."  
 
Question : 
9. Could  Viet Nam please elaborate on the impact of COVID -19 on its passenger transportation 
volumes across modes, as well as how this may factor into objectives for current and future 
levels of investment in passenger transportation infrastructure and services?  
 
Answer:  
In 2020, due to the impact of the Covid – 19 pandemic , the volume of transport decreased sharply 
compared to the same period of previous years, of which passenger transport reached 3,561 million, 
down 29.6% compared to 2019. air passengers suffered  the strongest impact with 66 million 
passengers, a decrease of 43% compared to 2019, of which international visitors reached 7.2 million, 
a decrease of 83% compared to 2019; domestic visitors reached 58, 8 million visitors, down 21.5% 
compared to 2019.  
However, with the effective prevention and good control of the Covid -19 epidemic, domestic 
transport situation has gradually recovered. In addition, Viet Nam  has also developed a plan and is 
discussing plans with other countries in the region and the world t o restore international passenger 
routes. In the context that the need to develop transportation to meet the needs of socio -economic 
development is very high, the development of transport infrastructure associated with transport 
services is still one of th e top priorities. Government and Ministry of Transport.  
 
Page 44 (Para. 2.205)  
The Government Report highlights: "Developing a sustainable transportation system, taking into 
account the response to climate change, preventing natural disasters; realizing th e goals of 
sustainable development, enhancing natural resource management and environmental protection."  
 
Question : 
10. Could Viet Nam please elaborate on the specific measures it is taking to develop a 
sustainable transportation system?  
 
Answer:  
"The Ministr y of Transport has issued and implemented many sustainable transportation 
development plans in recent years, specifically as follows:  
+ Decision No. 1145/QD -BGTVT dated 3  May 2013 establishing Steering Committee and 
working group for sustainable development of transport industry.  
+ Decision No. 4088/QD -BGTVT dated 12  December 2013 promulgating the Action Plan of 
the Ministry of Transport on sustainable development for the period 2013 - 2020 with the 
aim of promoting pollution control, application,  and technology transfer associated with 
environmental protection; increasing the use of clean fuels, alternative fuels, economical 
and efficient use of resources in the transportation industry.  
+ Decision No. 1456 / QD -BGTVT dated 11 May 2016 promulgating  the Action Plan to 
respond to climate change and green growth of the Ministry of Transport in the period 2016 WT/TPR/M/410/Add.1  
 
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 - 2020 with the overall goal of proactively develop transportation in a synchronous, 
sustainable, environment -friendly direction, reducing greenh ouse gas emissions.  
+ Decision No. 2707/QD -BGTVT dated 17 December 2018 Promulgating the Action Plan of 
the Ministry of Transport to implement the 2030 Agenda for Sustainable Development.  
Most recently, the Ministry of Transport has issued Decision No. 452 /QD-BGTVT dated 24 
March 2021 Promulgating the Action Plan on proactively responding to climate change, 
strengthening resource management and protecting the environment. School period 2021 - 
2025, in which:  
I. Objectives  
1. Regarding climate change respons e: 
a) Integrating response to climate change in updating and building 100% new transportation 
development planning.  
b) Gradually improve the resilience of climate change to transport infrastructure, especially 
in mountainous areas and the Mekong Delta.  
c) Reducing greenhouse gas emissions in transportation activities, contributing to the target 
of 7.3% reduction in greenhouse gas emissions compared to the normal development 
scenario (BAU) of the country.  
2. Regarding resource management:  
a) Improve the effi ciency of the management and use of natural resources in the activities 
of the transport sector.  
b) Continue to promote economical and efficient use of energy; restructuring the use of 
energy in transportation in the direction of increasing the proportion of clean and renewable 
energy sources.  
3. Regarding environmental protection:  
a) 100% of transportation development planning has a strategic environmental assessment 
as prescribed.  
b) 100% of investment projects and traffic infrastructure construction work s shall be subject 
to an environmental impact assessment in accordance with regulations.  
c) To basically control the source of environmental pollution in road, railway, inland 
waterways and maritime and aviation activities.  
II. Solution  
1. Raising awarenes s and sense of responsibility of organizations, individuals and the 
contingent of cadres and civil servants in the transport sector.  
2. Strengthening the resilience of climate change to transportation infrastructure  
3. Capacity building for managing greenh ouse gas emissions in the transport sector  
4. Promote economical and efficient use of energy in transportation  
5. Management and efficient use of resources in the activities of the transport sector  
6. Strengthen environmental protection in the work of plan ning, investment in development 
and maintenance of transport infrastructure  
7. Control the emissions of all kinds of wastes from the operation of transport vehicles and 
equipment  
8. Promote green transportation production, business and service enterprises.  
 
Page 44 (Para. 2.206)  
The Government Report notes: "Fully complying with Viet Nam's international commitments in the 
transportation field; strengthening transportation connections with countries in the region and 
around the world, contributing to promoting Viet Nam's international economic integration; 
participate actively and responsibly in international transport cooperation frameworks."  
 
Question : 
11.  Could Viet Nam please confirm the transportation -related international cooperation  and 
standard setting fora it is actively participating in?  
 
Answer:  
Conventions of international organizations such as the International Civil Aviation Organization 
(ICAO), the International Maritime Organization (IMO). Commitments in the transport sector  in 
international trade cooperation frameworks such as WTO, ASEAN, FTAs that Viet Nam  participates 
in (CPTPP, EVFTA, ....). Bilateral cooperation agreements and agreements between Viet Nam  and 
other countries and territories in the world in the fields of r oad, railway, aviation, maritime and 
inland waterways. International treaties and agreements on multilateral transportation of ASEAN, 
GMS, ... and between Viet Nam and other countries in the world.  
 WT/TPR/M/410/Add.1  
 
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 PART III: OTHER QUESTIONS  
 
Draft Decree on Personal Data Protection  
On 9 February 2021, Viet Nam's Ministry of Public Security (MPS) released the full text of the Draft 
Decree on Personal Data Protection (Decree) for public consultation to be promulgated and take 
effect on 1 December 2021.  
 
Questions : 
1. Given the potential implications the Decree will have for services suppliers, can Viet Nam 
provide information on the implementation of the Decree, including the role and activities of 
the Personal Data Protection Committee (Committee)?  
 
2. The Decree requires that al l sensitive personal data must be registered with the Committee. 
Noting that this could result in a significant volume of applications, how will Viet Nam ensure 
that the Committee meets the proposed timeline of 20 days?  
 
3. Article 21: Cross -border Transfer of Information of the Decree requires service suppliers to 
have approval in writing from the Committee for the cross -border transfer of personal 
information. Will written approval from the Committee also be required if a service suppl ier 
transfers personal information to a third -party data processor located within Viet Nam? 
Would an approval by the Committee apply to all cross -border transmissions of personal 
information by a service supplier to a foreign jurisdiction or would separate  approvals be 
required for distinct groups of data?  
 
Answer:  (for all questions 1,2,3)  
Currently, Viet Nam is in the process of developing a Decree on Personal Data Protection. At the 
same time, the draft Decree has been publicly posted on the Portal of the Government and the 
Ministry of Public Security of Viet Nam to seek broad comments from agencies, organizations, 
businesses, and people.  
 
Currently, the Ministry of Public Security is receiving and gathering multidimensional opinions and 
comments from b oth domestic and foreign parties, as well as listen carefully to their opinions. After 
this gathering comments stage, the provisions in the draft Decree will be considered for amendment, 
supplementation, or omission, and completion. Therefore, the revised draft Decree will be updated 
later, which may or may not inlcude the issues raised by Canada. Therefore, it those issues are still 
maintained after revising this stage, Viet Nam will carefully consider the comments of the parties 
and is willing to listen t o the comments of Canada and other countries with the highest cooperation 
spirit, to advise the Government in formulating and promulgating the Decree with complete, strict, 
feasible content and suitable for the characteristics, conditions, and requirements  of Viet Nam, as 
well as ensuring compliance with the provisions of international laws and international treaties to 
which Viet Nam is a party.  
 
  WT/TPR/M/410/Add.1  
 
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 7  CHILE  
WT/TPR/G/410 -Informe del Gobierno de Viet Nam  
2 VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD  OF 2013 -2020  
2.1 Economic development  
2.1.1 GDP growth rate  
 
Paragraph 2.3, p. 9  
"Since 2017, the agriculture, forestry and fishery sector has made good progress, especially in 
fishing and aquaculture. In this period, the agriculture, forestry and fishery sector restructured the 
industry, its products, and crops and livestock towards developing products of high economic value, 
high added value, suitable for each region and adapting to climate change; developing and 
replicating advanced and effective  production models with priority given to models of high 
technology application, producing in accordance with Viet Gap, Global Gap standards and equivalent 
standards; strengthening linkage networks between supply and consumption sources, horizontal, 
vertic al and regional linkages, production scale, etc. The sector has notable highlights including a 
stable development, an improving and recognized quality of agricultural and aquatic products and 
expanding export markets".  
Question : 
In relation with paragraph 2.3, Chile would appreciate if Viet  Nam could provide further information 
regarding what type of measures were implemented in the forestry sector, in order to foster high 
added value products and to adapt climate change.  
1. Deployment of payment for forest  environment services (electricity, water, tourism)  
2. Large timber afforestation  
3. Payment for forest carbon sequestration and storage services is being piloted  
 
Answer:  
Viet Nam implemented in the forestry sector, in order to foster high added value products and to 
adapt climate change, as follows:  
-Decree No.  99/2010 / ND -CP 24/9/2021 On the policy of payment for forest environmental services; 
No. 147/2016/ND -CP dated 6 November 2016, amended and supplemented 99; Recently, Decree 
156/2018 guide s the implementation of the Law on Forestry.  
-Scheme on restructuring the forestry sector; No. 774/QD -BNN-TCLN dated 18 April 2014 on the 
approval of the Action Plan to improve productivity, quality and value of planted production forests 
for the period 20 14-2020; No. 919/QD -BNN-TCLN dated 5 May 2014 on the plan to increase the 
value -added of processed wood products for the period 2014 -2020 
- The Government adapted a policy of pilot model in some central provinces of Viet Nam.  
 
2.2 Economic and Trade Policy  
2.2.2 WTO commitment implementation  
2.2.2.1 Trade in goods  
2.2.2.1.5 Customs  
2.2.2.1.5.1 Commitments under the WTO Valuation Agreement (GATT)  
 
Párrafo 2.65, p. 21  
"Viet Nam complies with and fully implements the commitments under the WTO Valuation Agreement 
GATT, accordingly, the principle of determining the value of the import tax is the transaction value. 
To ensure the full implementation of the WTO's regulations in this area, Viet Nam issued and 
completed the relevant legal documents, including: Circular No. 39/2015/TT -BTC dated 25 March 
2015 of the Ministry of Finance on customs value of imported goods and exported goods and Circular 
No. 60/2019/TT -BTC dated 30 August 2019 of the Minister of Finance amending and supplementing 
a number of articles  of the Circular No. 39/2015/TT -BTC dated 25 March 2015 of the Ministry of 
Finance on customs value of imported goods and exported goods. Accordingly, Viet Nam fully 
transformed the technical contents of the customs valuation of the WTO Valuation Agreement  into 
the national legal document system, making an important contribution to speeding up customs 
clearance; improving effectiveness of supervision and control against price fraud, ensuring correct 
and full collection."  
Pregunta : 
En el párrafo 2.65, se indica que " Accordingly, Viet Nam fully transformed the technical contents of 
the customs valuation of the WTO Valuation Agreement into the national legal document system, 
making an important contribution to speeding up customs clearance ". Al respecto, Chi le agradecería WT/TPR/M/410/Add.1  
 
- 47 - 
 
 a Viet Nam  compartir experiencias y desafíos que se han debido enfrentar en relación con los 
documentos sobre evaluación en aduanas y denominación de origen exigidos a los importadores y 
presentados por éstos.  
 
2.2.3 Trade policies since 20 13 
2.2.3.2 Multilateral and bilateral agreements  
2.2.3.2.1 Overview on process of negotiation, signing and implementation of Viet Nam's 
free trade agreements  
 
Paragraphs 2.117 and 2.118 (p. 31)  
"Since then, Viet Nam has been participating in many FTAs, bot h at bilateral and multilateral levels. 
Bilaterally, we have signed and implemented FTAs with Japan, Chile and the Republic of Korea; 
Regarding plurilateral, regional or multilateral cooperation, Viet Nam has signed and implemented 
FTAs with the Eurasian E conomic Union, the Comprehensive and Progressive Agreement for Trans -
Pacific Partnership (CPTPP) and the free trade agreement with the European Union (EVFTA); 
Previously, Viet Nam also signed the Trans -Pacific Partnership Agreement (TPP). Within the 
framew ork of ASEAN, Viet Nam has signed a series of FTAs with partner countries including China, 
Japan, Republic of Korea, India, Australia, New Zealand and Hong Kong (China), and has signed the 
Regional Comprehensive Economic Partnership (RCEP – the agreement b etween ASEAN and five 
partner countries including China, Japan, Republic of Korea, Australia and New Zealand). Recently, 
Viet Nam has signed the bilateral FTA with the UK on the basis of inheriting the EVFTA with some 
respective modifications. Currently, V iet Nam is negotiating 2 FTAs with the European Free Trade 
Area (EFTA – including Switzerland, Norway, Iceland and Liechtenstein) and with Israel".  
"So far, Viet Nam has signed 15 bilateral and regional FTAs (of which 14 have been implemented) 
and now 2 other agreements are on negotiations. Among these FTAs, there are 2 new generation 
FTAs".  
Question : 
Paragraphs 2.117 and 2.118 mentions Viet  Nam's participation in FTAs. Among them, 14 have been 
implemented. Regarding these FTAs, Chile would appreciate if Viet  Nam could share information of 
the process through which they are incorporated to its national legislation.  
 
Answer:  
The process through which Viet Nam's FTAs are incorporated into its national legislation is provided 
for in the Law on International Treaties (2016). Accordingly, Viet Nam shall enact laws or/and 
regulations to guide the implementation of FTAs. Apart from incorporation of FTAs into  domestic 
laws, the Law on International Treaties (2016) also allows direct application of FTAs in cases the 
commitments therein are clear and detailed that would be  sufficient to be implemented.  
 
Question : 
In addition, Chile would appreciate if Viet Nam could share information regarding the process of 
incorporation of the decisions made by the Administrative Bodies of these FTA's, to Viet Nam's 
national legislation.  
 
Answer:  
Similar to the process to incorpo rate FTAs into domestic law, with regard to decisions made by the 
Administrative Bodies of these FTA's, Viet Nam shall enact regulations or other form of legal 
normative documents to implement these decisions. The legal norms of the implementing regulation  
would depend on nature of the commitments and level of authorization under domestic laws 
governing the issue provided for in these decisions. "  
 
WT/TPR/S/410 – Informe de Secretaría OMC  
1 ECONOMIC ENVIRONMENT  
Paragraph 1.5, p. 14 -15 
"Trade integration is central to Viet Nam's reform efforts (Section 2.2.1). During the review period, 
Viet Nam integrated quickly into the world economy, with its ratio of trade to GDP increasing from 
165% in 2013 to 210% in 2019 (Table 1.2). Viet Nam rece ntly updated its trade regime, including 
modernizing its customs legislation and procedures (Sections 3.1 and 3.2). Trade integration 
facilitated Viet Nam's participation in global value chains (GVCs), first as an exporter of low -tech 
manufactured goods an d later of more complex high -tech goods. Since acceding to the WTO in 2007, 
Viet Nam has subscribed to 15 regional trade agreements (RTAs), 7 of which were signed during the 
review period (Section 2.3.2). Against the background of Viet Nam's efforts toward s international WT/TPR/M/410/Add.1  
 
- 48 - 
 
 integration, there were productivity gains, which were important contributors to GDP expansion 
(Chart 1.1 and Table 1.2)."  
Question : 
Considering the evolution of Viet Nam's participation in global value chains, particularly in the sector 
of more complex high -tech goods, as indicated in paragraph 1.5, Chile would appreciate if Viet Nam 
could share information regarding specific public policies aimed at improving its partici pation in these 
value chains.  
 
1.3 Developments in Trade and Investment  
1.3.1 Trends and patterns in merchandise and services trade  
1.3.1.3 Impact of COVID -19 pandemic on global value chains  
Paragraph 1.39, p. 27 -28 
"While total external trade shrank by 6 0% at the onset of the pandemic, Viet Nam's merchandise 
trade based on GVCs, in particular, in the consumer electronics manufactured and the garment 
apparel manufactured sectors appears not to be losing momentum, compared with the sectors' 
performance in 2 019 (Chart 1.11). With regard to other top categories of merchandise trade, imports 
of motor vehicles and their parts and components, as well as of oil, witnessed a significant drop, 
compared with 2019."  
Question : 
Regarding the positive evolution of Viet Nam's engagement in GVCs (as indicated in paragraph 1.39), 
especially considering the performance of these during COVID - 19 pandemic, Chile would appreciate 
if Viet Nam  could share information regarding public polic ies or specific programs, if any, 
implemented to offset the negative impacts produced by the pandemic on the companies engaged 
in GV Cs. 
 
2 TRADE AND INVESTMENT REGIMES  
2.4 Investment Regime  
Paragraph 2.84, p. 45  
"In February 2020, Viet Nam notified to the WTO other support programmes that have been 
implemented since the previous Review. Current support programmes aim at supporting enterprises 
that hire workers with disabilities or a high proportion of women. Suppo rted companies in these two 
programmes can be entitled to a reduction of corporate tax income, concessional loans, priority in 
land lease applications and a reduction in associated fees. A support programme for fishery products 
was active between 2015 and 2018, and its extension is currently under evaluation. A two -year 
mechanism promoting the development of solar power projects ended in June 2019, while a similar 
mechanism for wind -power projects runs until November 2021. The additional benefit for energy -
producing projects consists of a selling price above the retail price for electricity".  
Question : 
Paragraph 2.84 mentions Viet Nam's "current support programmes aim at supporting enterprises 
that hire workers with disabilities or a high proportion of women" . In this context and from a more 
general scope, Chile would appreciate if Viet Nam  could indicate if its trade policy, or some of its 
aspects, have incorporated a gender perspective, or if it has plans to incorporate it in the future.  
 
Answer:  
Viet Nam has incorporated a gender perspective in its policies to promote women's participation in 
economic activities and trade. Examples of policies documents with a gender perspective include the 
Enterprise Law (2014), the Law on Small and Medium Enterprises Support (2017), the Labor Codes 
(2012 and 2019), Law on Employment (2015), etc.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1 Customs procedures, valuation, and requirements  
3.1.1.1 Customs proc edures  
Párrafos 3.2 y 3.3, p. 48  
"The Customs Law stipulates, inter alia, customs management; goods permitted to be imported, 
exported, or transited; and the organization and operation of customs services. The authorities state 
that, compared with the prev ious law, the revised Law created a legal basis for the application of 
risk management in all processes of customs inspection and supervision, adopted post -inspection 
principles, expanded the application of information technology and modern equipment into 
professional activities, and adopted the National Single Window and the Association of Southeast WT/TPR/M/410/Add.1  
 
- 49 - 
 
 Asian Nations (ASEAN) Single Window. They state that the Law and other relevant documents 
modernized customs management by, inter alia, using technological app lications such as electronic 
customs clearance at all customs departments and branches, and allowing customs declarations to 
be made 24 hours a day and 7 days a week."  
"Through the reform, the authorities aim to: (i) simplify the customs dossier; (ii) provide transparent 
regulations on maximum time for post -customs clearance inspection and physical inspection of 
goods; (iii) conduct surveys and evaluation of management p erformance regularly; (iv) clarify the 
rights and obligations of customs declarants, organizations, and individuals concerned, as well as 
customs officers, the customs authority, and relevant agencies; (v) create a mechanism to 
encourage legal compliance o f customs declarants; and (vi) minimize direct contact between 
customs officers and customs declarants during the clearance process. They also consider that the 
reform will lead to customs officers' increased awareness about the new customs management 
method".  
Pregunta : 
Párrafos 3.2 y 3.3 se refieren a la ley de aduanas (" Customs Law "), sus características y objetivos. 
Entre ellos, se menciona que " the Law and other relevant documents modernized customs 
management by, inter alia, using technological applic ations such as electronic customs clearance at 
all customs departments and branches, and allowing customs declarations to be made 24 hours a 
day and 7 days a week ". Al respecto, Chile agradecería a Viet  Nam compartir información sobre si 
cuenta o no con pr ocesos de aplicación y reconocimiento de certificados digitales presentados por 
los importadores, además de reconocimiento de firmas electrónicas. En caso de no contar con 
ninguno de los elementos mencionados, agradeceríamos a Viet  Nam compartir informació n sobre si 
cuenta con planes futuros para contar con dichos procesos y/reconocimientos.  
 
3.1.3 Tariffs  
Párrafo 3.36, p. 53  
"Viet Nam's tariff applied in 2020 follows the AHTN, based on the HS17 nomenclature. The Customs 
Tariff contains 10,813 tariff lines at the HS 8 -digit level. The simple average applied MFN rate for all 
goods is 11.9%, compared with 10.4% in 2013 (Table 3.1  and Chart 3.1); 18.1% for agricultural 
goods; and 10.9% for non -agricultural products (WTO definition). The main reason for the increase 
in the overall tariff average is due to the change from the HS12 to the HS17 nomenclature and the 
splitting of several  tariff lines, mainly in the "transport equipment section (HS Section 17)". The 
highest tariffs include: 135% for five tariff lines concerning cigarettes (HS 2402.20 and 2402.90); 
100% for two tariff lines concerning certain tobacco products such as cigars , cheroots, and cigarillos 
(HS 2402.10); and worn clothing and other worn articles (HS 6309.00) (Table A3.2 and Chart 3.2)".  
Pregunta : En la Sección 3.1.3 Aranceles, Párrafo 3.36 se muestra la evolución de los aranceles 
aplicados por Viet Nam  en los últim os años. De acuerdo con lo expresado por el informe de la 
Secretaría, se puede apreciar que los aranceles aplicados promedio han aumentado en el periodo 
2013 – 2020. En ese mismo periodo también se observa una reducción en el porcentaje de líneas 
arancelar ias libres de aranceles. La explicación para este aumento en el promedio de los aranceles 
aplicados sería el cambio de la nomenclatura arancelaria del Sistema Armonizado (SA) 2012 al 2017, 
y la apertura de varias líneas arancelarias.  
Al respecto, Chile agr adecería si Viet Nam  pudiera aclarar el efecto del cambio del Sistema 
Armonizado sobre el promedio arancelario y sobre las líneas arancelarias libres de aranceles, junto 
con compartir algunos ejemplos de aperturas arancelarias que justifiquen estos cambios . 
Adicionalmente, Chile agradecería a Viet Nam  indicar si hay propuestas para reducir los aranceles 
aplicados en el futuro próximo.  
 
Párrafo 3.38, p. 55  
"The difference between bound and applied MFN rates leaves some scope for flexibility in Viet Nam's 
tariff policy. The gap between the simple average applied MFN rate and the average bound rate is 
2.8 percentage points in 2020. Nineteen tariff lines had higher applied rates (entirely or partially) 
than their corresponding bound rates (Table A3.3). The autho rities state that Viet Nam has 
implemented tariff reductions each year based on the AHTN conversion table since joining the WTO, 
and if taking into account the amendments of the AHTN, eight of the nine lines indicated above were 
within the corresponding bo und rates, and the applied MNF rate on one line (HS 4804.39.90) 
exceeded the corresponding bound rate."  
Pregunta : El párrafo 3.38 indica información sobre la diferencia entre el arancel consolidado y las 
tasas NMF aplicadas. En particular, menciona que hab ría 19 líneas arancelarias con una tasa 
arancelaria mayor que el arancel consolidado. Al respecto, Chile agradecería a Viet Nam  si pudiera WT/TPR/M/410/Add.1  
 
- 50 - 
 
 compartir mayores antecedentes sobre esta situación y las acciones que tiene pensado implementar 
para que el arancel aplicado sea menor o igual al arancel consolidado en estos casos.  
Answer:  
As explained to the WTO Secretariat at the working sessions, Viet Nam's commitment to reduce 
import tax rates upon its accession to the WTO (recorded in the WTO accession document) was 
based on the ASEAN Harmonized Tariff Schedule (AHTN) 2002. However, up to now, the AHTN 2002 
List has been revised three times in 2007, 2012 and 2017. The amendment leads to line merging, 
code separation, code conversion and new lines. Accord ingly, it is not appropriate in many cases to 
compare between preferential import tariff rates (MFNs) with WTO commitments based on HS codes. 
The Ministry of Finance has reviewed and confirmed that the tax rates applied to most of the tariff 
lines (18/19 t ariff lines) mentioned in Table A3.3 do not exceed the ceiling tax rate committed by 
Viet Nam. For HS 4804.39.90, Viet Nam will adjust this line in the latest tariff revision to ensure 
compliance with the tax rate promulgation principle of the Law on Impor t and Export Taxes No. 
107/2016/QH13 and ensured compliance with the process specified in the Law on Promulgation of 
Legal Documents. Other lines comply with Viet Nam's commitments in the WTO. According to the 
Law on Import Tax and Export Tax No. 107/2016/ QH13, the adjustment of preferential import tax 
rates falls under the authority of the Government (it was under the authority of the Ministry of 
Finance before 1 September 2016). Viet Nam, as well as the WTO Secretariat and other WTO 
members, have regularl y reviewed tariff rates on the principle that tariff rates does not exceed the 
WTO commitments. Therefore, when members indicate lines whose tariff rates exceeds Viet Nam's 
commitments, Viet Nam is willing to make adjustments to conform to the tax rate pro mulgation 
principle of the Law on Import Tax and Export Tax No. 107/2016/QH13.  
 
4 TRADE POLICIES BY SECTOR  
4.4 Services  
4.4.6 Transport  
4.4.6.2 Air transport  
Paragraph 4.179, p. 151  
"Viet Nam continues to liberalize and develop its market through bilateral and multilateral 
agreements. The country has 69 bilateral agreements and is part of 6 multilateral agreements on 
air transport liberalization. These agreements cover different aspec ts, including criteria for the 
designation of airlines, submissions of air transport service prices, liberalization of third and fourth 
freedom rights, gradual liberalization of the fifth freedom right, frequency of international and 
domestic operations, f reedom to determine prices on international flights, and partnership and 
multimodal operations. Foreign airlines are not allowed to operate in the domestic market for 
passenger transport and cargo (cabotage). Under bilateral air transport agreements, codes hare 
agreements between Vietnamese, another party's, and a third country's airlines are possible; they 
need to be approved by the relevant authorities. The implementation of the ASEAN Open Skies policy 
in January 2015, which allows airlines to fly freely t hroughout the ASEAN member states in a unified 
air transport market, is a milestone in the liberalization of air services in Viet Nam; market access 
was improved by enabling multiple designations of airlines, operational flexibility, and granting of 
third,  fourth, and fifth freedom rights while removing limitations on capacity, frequency, and aircraft 
types. This regional framework for air services is more ambitious than previous bilateral air service 
agreements, which were perceived as restrictive in some instances given limits on capacity, 
designated airports, and pricing".  
 
Question : 
Paragraph 4.179. indicates that Viet Nam continues to liberalize and develop its market through 
bilateral and multilateral agreements. In this context, Chile  would be grateful if Viet Nam could share 
whether it is considering granting the seventh freedom in its air service agreements, and the re asons 
why it has not yet been agreed.  
 
Answer:  
Viet Nam continues to implement a gradual air transport liberalization policy. Based on the current 
infrastructure conditions, Viet Nam is not ready to liberalize the 7th freedom and shall grant the 
freedoms o n a bilateral and case -by-case basis.  
  WT/TPR/M/410/Add.1  
 
- 51 - 
 
 8  CHINA  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
Page  8，Para. 3 
In August 2015, the floating band of exchange rates increased to 3%, from 1% previously  
 
Question  
1. Please elaborate on the exchange rate system of Viet Nam.  
 
Answer:  
The Vietnamese dong exchange rate regime is a managed floating exchange rate system 
determined by the State Bank on the basis of a basket of currencies of countries having trade, 
borrowing, debt repayment and investment relatio ns with Viet Nam . suitable with the 
macroeconomic management objectives in each period.  
Every day, the State Bank announces the central exchange rate of VND to US Dollar. The central 
rate is determined on the basis of the reference to movements of the weig hted average exchange 
rate on the inter -bank foreign currency market, exchange rate movements on the international 
market of a number of currencies of trading countries. big trade, borrowing, debt repayment, 
investment with Viet Nam, macroeconomic balance,  monetary and monetary policy target.  
Banks, non -bank credit institutions and foreign bank branches licensed to trade and provide foreign 
exchange services shall fix the buying and spot selling rates of Dong. Viet Nam with foreign 
currencies according to t he following principles: (i) For the US Dollar: Must not exceed the 
amplitude ± 3% (three percent) of the average exchange rate on the interbank foreign currency 
market by the State Bank of Viet Nam. The statement applies to that transaction date. (ii) For  
other foreign currencies: determined by authorized credit institutions.  
- Objective and role of exchange rate:  
+ The State Bank operates the monetary policy framework - including the implementation of 
monetary policy tools, including exchange rate policie s and measures - with the ultimate goal of 
controlling inflation and stabilizing macroeconomics according to the Law. concentration.  
+ In the monetary policy framework of the State Bank, exchange rate plays an important role in 
stabilizing psychology and m arket expectations. The IMF assesses the exchange rate in Viet Nam 
as a nominal anchor in the current framework. Therefore, the SBV's direction of exchange rate 
management is to limit excessive fluctuations of the VND, with an increasingly flexible trend, while 
creating room for the exchange rate to absorb external shocks and stabilize. psychology, market 
expectations, thereby supporting inflation control and macroeconomic stability.  
+ Over the past time, the exchange rate management in the framework of the  general monetary 
policy has contributed to the good implementation of the targets of inflation control and 
macroeconomic stability, smooth market liquidity, and legal foreign currency needs. fullfill the 
needs. This result shows that the operating rate cl osely follows the law of the market and the 
macro balance.  
 
2. Please explain the relationship between the changes in exchange rate and import and export 
trends in Viet Nam.  
 
Answer to question 2:  
1. ER is not the driver of import and export trends  
1.1. The recent developments of import -export and ERs in Viet Nam  show that ER is not the driver 
of import -export trends. Since 2010, Viet Nam 's imports and exports have tended to increase 
closely following the international economic integration process as well  as the competitiveness of 
the Vietnamese economy. The increasing trends of import and export tend to be identical and are 
not influenced by the nominal or real effective exchange rates (REER[1]) (Figures 1  and 2).  
 
Figure 1. Nominal exchange rate and Import and Export  
VCB ER  
Import  
Export  
Trade balance  
Source:  SBV, General Department of Customs.  
 WT/TPR/M/410/Add.1  
 
- 52 - 
 
 Figure 2. REER and Import and Export  
Export  
Import  
Trade balance  
Note:  Increased REER implies a real appreciation of VND; Decreased REER implies a real depreciation of 
VND. 
Source:  SBV, General Department of Customs.  
1.2. Similarly, the REER does not provide evidence and indications to the fluctuations of Viet Nam 's 
trade balance (Figure 3). Historically,  Viet Nam 's exports have mainly been driven by agricultural 
products, but in recent years, export structure has shifted to closely follow the transformation of 
Viet Nam 's growth model, with turnover of such intermediate goods as components and spare 
parts from the FDI sector increasing sharply, which contributed sub stantially to Viet Nam 's trade 
surplus. From 2010 to 2019, exports and imports increased by an average rate of 15.75% and 
13.11% per year respectively. In 2020, due to the negative impact of the Covid -19 epidemic on 
Viet Nam 's international trade, exports and imports only increased by 6.96% by 3.67% 
respectively.  
 
Figure 3. REER rate and trade balance  
 
Note:  Increased REER implies a real appreciation of VND; Decreased REER implies a real depreciation of 
VND. 
Source:  SBV, General Department of Customs.  
1.3. Recent increases in Viet Nam 's trade balance surplus are mainly attributed to: (i) The actual 
import demand of major trading partners for goods from Viet Nam; (ii) The structural shifting of 
Viet Nam 's economy from agricultural to industrial production with the strong emergence of FDI 
in the export sector; and (iii) The trend of globalization created favo ur conditions for Viet Nam  to 
become a link in the globa l value chain; (iv) Especially during the Covid -19 pandemic, the success 
in pandemic prevention has helped Viet Nam's production to recover in a relatively quick rate 
compared to its trading partners.  
 
2. ER has negligible effect on the balance of trade   
2.1. IMF research in the 2019 External Sector Report shows weak correlations between Viet Nam 's 
exports and terms of trade. Specifically, a 10% depreciation of the local currency (against all other 
currencies), on an average, only improves the trade balance  by about 0.3% of GDP in short term 
(the effect is mainly transmitted through a reduction in import demand of the local economy). 
Besides, also according to recent IMF research in same report, global value chain (GVC) 
participation reduces the ER elasticit y of trade balance. In the context of Viet Nam 's deeper and 
broader participation in the GVC, the impact of ER on trade balance in Viet Nam  is completely 
insignificant.  
 
2.2. In addition, according to data from the United Nations Comtrade Database, nearly three -
quarters of Viet Nam's imports are intermediate goods; Another 13% of imported goods are capital 
goods such as machinery. Therefore, if Viet Nam regulates ER to create trade advantages to make 
Viet Nam 's exports more competitive, Viet Nam would basic ally have to bear a higher cost for 
importing intermediate goods and capital goods. In other words, the competitive advantage (if 
any) from the undervalued VND on Vietnamese exports will be almost eliminated by the increase 
in production costs. In addition , Boz et al. (2017)[2], by analysing actual data, indicated that there 
is no strong correlation (co -movement) of nominal exchange rate and terms of trade . According 
to Gopinath (2015, 2017)[3] and Casas et al. (2017)[4], this result is explained by the fact that 
international trade of developing countries is mainly invoiced in US dollars, specifically: imports 
and exports are invoiced and sticky in the short term in USD, terms of trade  will be less responsive 
to ER movements.  
 
Thus, both empirical and theoretical evidence show that ER in Viet Nam m is not a main factor 
that defines the import -export trend and trade balance between international trade partners and 
Viet Nam  
 WT/TPR/M/410/Add.1  
 
- 53 - 
 
 The REE R is determined on the basis of VND being the commodity currency , and other 
currencies in the REER calculation basket (including 18 main trading and investment partner 
countries of Viet Nam ) being the term currencies . Therefore, an increase in REER implies  a real 
appreciation of VND and a decrease in REER implies a real depreciation of VND.  
Boz, Emine, Gita Gopinath, and Mikkel Plagborg -Moller (2017), Global trade and the dollar , IMF 
Working Paper No. 17/293, International Monetary Fund, Washington, DC.  
Gita Gopinath (2015), The international price system , in Jackson Hole Symposium, volume 27. 
Federal Reserve Bank at Kansas City.  
Casas, Camila, Federico J. Diez, Gita Gopinath, and Pierre -Olivier Gourinchas (2017), Dominant 
currency paradig m: A new model for small open economies , IMF Working Paper 17/264, 
International Monetary Fund, Washington, DC.  
 
Page 8，Para. 6 
However, preliminary evidence indicates that Viet  Nam's merchandise trade based on GVCs in 
2020, particularly in the consumer ele ctronics and garment sectors, appeared not to be losing 
momentum, compared with those sectors' performance in 2019, partly reflecting the Government's 
proactive measures.  
 
Question  
3. Please elaborate on the measures taken by the government to help enterprises during the 
epidemic and their effects.  
 
 
Answer : 
In order to support businesses to overcome the effects of the Covid -19 epidemic, over the past 
time, the Government has introduced a series of supportive policies, including measures to 
coordinat e and support to help businesses access investment capital, finance, credit; reviewing 
and reducing administrative procedures, conditions and procedures causing difficulties and 
hindering production and business activities; solutions to improve the busines s environment, 
attract domestic and foreign investment to make good use of development opportunities, 
especially to catch the opportunity to shift investment flows from other countries...  
Request the Ministry of Finance, the Ministry of Industry and Trade,  the Ministry of Natural 
Resources and Environment, the Ministry of Agriculture and Rural Development, the Ministry of 
Labour, War Invalids and Social Affairs to comment on specific policies on tax exemption and 
reduction. electricity, land rent, money ass istance, credit for workers and low -income earners 
afected by the Covid -19 pandemic.  
 
Page  9，Para. 10 
The general cap of 49% for foreign acquisition of public companies operating in unconditional 
sectors was abolished in 2015; however, foreign participation in some sectors remains capped at 
levels between 30% and 51%. Moreover, the number of eligible field s for the implementation of 
public -private partnership (PPP) projects was increased in 2018. On 1 January 2021, a revised 
Enterprise Law, a revised Investment Law, and a new Law on Investment in the Form on Public -
Private Partnership entered into force. Vi et Nam signed five bilateral investment agreements 
during the review period.  
 
Question : 
4. Please introduce relevant provisions in the revised Enterprise Law , Investment Law  and the 
new Law on Investment in the Form on Public -Private Partnership  in relation to foreign direct 
investment, and the main changes compared to the previous Enterprise Law and Investment 
Law. 
5.  Please provide the main reasons for "foreign participation in some sectors remains capped 
at levels between 30% and 51%".  
6. Please introduce the orientation and specific considerations for attracting foreign investment 
in the next step.  
 
Answers to question 4, 5, 6:  
The Laws mentioned in these questions are not promulgated within the trade policy review period 
of Viet Nam (2013 -2019). Therefore, they are not subject to be reviewed and answered.  
 WT/TPR/M/410/Add.1  
 
- 54 - 
 
 Page 10，Para. 18 
Viet Nam provides investment incentives, mainly through tax reductions, for projects in 
geographical areas with difficult socio -economic conditions or in industrial zones. Specific supports, 
such as access to credit, lower taxes and land rents, and exemption of import duties, are also 
accorded to some selected activities and sectors, such as fishery products, small - and medium -
sized enterprises, supporting industries, or renewable energy.  
 
Question : 
7. Please introduce the relationship between the above incentives and export encouragement.  
 
Page 10，Para. 22 
Viet Nam maintains price controls on certain goods and services. According to the authorities, price 
controls are primarily achieved in an indirect manner.  
 
Question : 
8. Please specify  the indirect manner for achiev ing price control.  
9. Please introduce the specific c onsiderations for price deregulation in the next step.  
 
 
Page 12，Para. 30 
For example, domestic production and exports of footwear and garments substantially increased 
during the review period, and Viet  Nam aims to attract foreign investment for the development of 
its pharmaceutical industry through regulatory changes. Lower lab our costs and a supply of 
relatively skilled workers are drivers behind the recent increase of inward FDI in manufacturing.  
 
Question : 
10. Please introduce other areas, in addition to the pharmaceutical industry, whose regulatory 
systems have been or are to b e adjusted by the Vietnamese government to attract foreign 
investment.  
11. Please introduce other policy measures taken by the Vietnamese government to attract 
foreign investment in addition to the adjustment of the regulatory system.  
12. Please introduce the tax incentives granted to foreign investment by the Vietnamese 
government.  
 
Answer : (both 10 and 11)  
Viet Nam has been and will continue to improve institutions and policies on foreign investment, 
which are highly competitive and inte grate into the world; meeting the requirements of reforming 
the growth model, restructuring the economy, protecting the environment, solving social problems 
well, improving productivity, quality, efficiency, and competitiveness of the economy; create 
favorable business conditions to attract large, national key projects, high -tech projects, establish 
research and development (R&D) cent res, innovation cent res; prioritize projects with advanced 
technology, new technology, high technology, clean technology, mod ern governance, high added 
value, spillover effects, connecting global production and supply chains...  
Page 12，Para. 34 
The Government aims to densify road infrastructure, notably expressways, and to upgrade existing 
routes through PPPs. The development of railway infrastructure is lagging, despite the update of 
its legal framework in 2017. Foreign investment is not present in this segment.  
 
Question : 
13. Does the Vietnamese government intend to introduce foreign investment in infrastructure 
construction? If so, please introduce the restrictions in market access and in the partnership 
model of the project.  
 
Page 50，Para. 3.10 
Customs plans to carry out the classification of import and export goods based on the results of 
classification of the compliance level, the level of risk of the customs declarant, and the result of 
the classification of risk level in export and import activities, exit, entry, transit. Customs plans to 
apply a communication system that automatically integrates and processes data. Currently, the 
actual inspection flow rate nationwide is about 5%.  
 
 WT/TPR/M/410/Add.1  
 
- 55 - 
 
 Question : 
14. Please split the actual inspection flow rate of 5% by import and export.  
 
Answer : 
Reporting Period: Q1/2021 (from 1 January to 31 March 2021)  
Imports  
Red Lane  Yellow Lane  Green Lane  Total  
Test volume  %age  Test volume  %age  Test volume  %age  Test volume  %age  
97.216  5,95%  691.391  42,34%  844.229  51,70%  1.632.836  100%  
 
Exports  
Red Lane  Yellow Lane  Green Lane  Total  
Test volume  %age  Test volume  %age  Test volume  %age  Test volume  %age  
40.752  2,18% 372.277  19,93%  1.454.847  77,89%  1.867.876  100%  
 
15. It is known that Viet Nam Customs has implemented the Authorised Economic Operator 
(AEO) system since 2013. Does the risk management system of Viet Nam Customs take into 
account the risks of AEO enterprises? What are the import inspection flow rate and export 
inspection flow rate of goods of AEO enterprises?  
 
Page 110，Table 8.1  
Production of selected commodities, 2013 -19 
 
Question : 
16. Most of the agricultural products in the table maintain growth or are relatively stable in 
terms of production; however, that of sugarcane has decrea sed by more than 20% from 
2013 to 2019. Please explain the reasons for the decrease in sugarcane production. Does 
Viet Nam plan to resume sugarcane production?  
 
Answer:  
Sugarcane is an important commodity of Viet Nam. However, due to the competition from imported 
sugarcane and other relevant reasons, the price of domestically produced sugar is higher than the 
price of imported ones, causing many sugar making factories suffer from big losses money and 
thus cut the production, which lead to the decrease in sugarcane production.  
 
Page 111，Para. 4.4 
Under Article  126 of the Land Law (Law No.  45/2013/QH13), issued on 29 November 2013 and 
entered into force on 1 July 2014, the term for the lease of land used for agriculture by households 
and indiv iduals directly engaged in agricultural production is 50 years (compared with 20 years for 
annual crops and 50 years for perennial crops under the previous legislation); the lease of 
agricultural land to households and individuals shall not exceed 50 years .  
 
 
Question : 
17. How do competent departments manage the enterprises using agricultural land for 
investment in agricultural production and rural development? Please elaborate on lease 
eligibility and lease term.  
 
Answer:  
Article 56 of the 2013 Land Law prov ides for the form of land lease as follows:  
"1. The State leases land with the collection of annual land rents or lump -sum rental for the entire 
lease term in the following cases:  
a) Households and individuals using land for agricultural production, forest ry, aquaculture or salt 
making;  
b) Households and individuals wishing to continue using agricultural land in excess of the assigned 
quota specified in Article 129 of this Law;… "  
Article 126 of the 2013 Land Law provides for the land lease term as follows:  
"2. The lease term of agricultural land to households and individuals does not exceed 50 years. 
Upon the expiration of the land lease term, the family or individual, if having a need, shall be 
considered by the State to continue leasing land. ... ..  
5. The term of land lease in the agricultural land fund to be used for public purposes of a commune, 
ward or township shall not exceed 5 years ".  WT/TPR/M/410/Add.1  
 
- 56 - 
 
 Clause 3, Article 132 of the Land Law provides for agricultural land to be used for public purposes, 
for the unus ed land for the purposes specified in Clause 2, Article 132, the commune -level People's 
Committee shall grant the household. local families and individuals who hire them for agricultural 
production or aquaculture in the form of auction for lease. The land use term for each lease must 
not exceed 05 years ...  
Pursuant to Article 59 of the 2013 Law on Land and Circular No. 02/2015 / TT -BTNMT detailing a 
number of articles of Decree No. 43/2014 / ND -CP and Decree No. 44/2014 / ND -CP; Circular No. 
24/2014 / TT -BTNMT on cadastral records regarding the authority to allocate land, lease land, and 
permit change of land use purpose:  
"2. District -level People's committees shall decide on land allocation, land lease or change of land 
use purpose in the following cases : 
a) Land allocation, land lease, and permission for change of land use purpose to households or 
individuals. In case households or individuals lease land or permit the change of agricultural land 
use purpose for commercial or service purposes with an area  of 0.5 hectares or more, a written 
approval is required. agreement of the People's Committee of the province before making a 
decision;  
b) Allocation of land to residential communities.  
3. Commune -level People's Committees shall lease land belonging to the  agricultural land fund for 
use for public purposes of communes, wards or townships.  
4. Agencies competent to decide on land allocation, land lease or change of land use purposes as 
provided for in Clauses 1 and 2 of this Article are not authorized."  
 
Page  112，Para. 4.7 
(v) Decree No.  57/2018/ND -CP (on incentive policies for enterprises investing in agriculture and 
the rural development sector), issued on 17 April 2018;  
 
Question : 
18.  Please introduce the incentives for enterprises to invest in agricultural production and rural 
development.  
 
Answer : 
Some policies to support businesses to invest in agriculture are in the forms of the following: 
exemption or reduction of land use levy; e xemption or reduction of land rent and water surface 
rent; support in upgrading and renovating clean water factories; support in  building infrastructure 
construction, equipment and environmental treatment; support for human resource training and 
market dev elopment; support for investment in facilities of reserving and processing agricultural 
products; support for construction of social housing for employees.  
 
Page 103，Para. 3.227   
The proposal concerns policies related to copyright assignment or transfer, IPRs created from the 
state budget, copyright registration procedures, the balance of interests between IP rightsholders 
and users in various areas, collective representatives of c opyright and other IP rights, IP 
enforcement, and the implementation of international obligations.  
 
Question : 
19. Please elaborate on the revisions made regarding IPRs created from the state budget and 
the balance of interests between IP rights holders and users in the proposal.  
 
Answer:  
The draft law supplements the provisions related to the right to registration of invention, industrial 
design, layout design created from the science and technology tasks funded by the state capital 
and the balance of intere sts between the right holder, the state and public as follows:  
(i) The hosting organization/ undertaker have the right to registration of invention, industrial 
design, layout design created from the science and technology tasks funded by the state capital.  
Except for inventions, industrial designs or layout designs in the security or defense domains, the 
right to registration of such invention, industrial design or layout design belongs to the State; 
Obligations of the hosting organization: The hosting orga nization shall, after the creation of state 
funded invention, industrial design, layout design, make a notice/disclosure to the competent 
authority; file the Patent/Industrial design/Layout designt application; submit the anually report 
to the authority; T he hosting organization may only assign its rights when it is so approved by the 
State; (iii) The State may transfer the right to registraion of invention, industrial design, layout 
design to another entity if the hosting organization in charge of performi ng tasks has no demand WT/TPR/M/410/Add.1  
 
- 57 - 
 
 or fail to the obligation; The State may issue decisions on licensubg of Invention/Industrial 
design/Layout designt to another organization or individual without permission from the holder of 
the exclusive right (and free royal fee) in the case of national security, public interest,…  
These provisions are applied only to subject matters created in the course of conducting the science 
and technology tasks funded by the Socialist Republic of Viet Nam.  
 
Page 103 ，Para.3.229  
It requires that cross -border technology transfer contracts be registered with the competent 
authority, provides for tax incentives, and facilitates the development of IP portfolios.  
 
Question : 
20.  What information is required for registration of technology t ransfer contracts. How IPR 
related contracts are handled?  
 
Answer:  
Technology transfer agreement must be registered with science and technology authorities in the 
following cases:  
a) Transfer of technology from a foreign country to Viet Nam;  
b) Transfer of technology from Viet Nam to a foreign country;  
c) Domestic technology transfer with use of state funding or state budget.  
 
An application for registration of technology transfer includes:  
a) The application form for registration of technology transfer;  
b) The original or the certified copy of the technology transfer agreement.  
 
2. Procedures for processing of the dossier for registration of a contract on transfer of industrial 
property rights (contract on transfer of industrial property rights or industrial property licensing 
contract):  
(i) If a dossier for registration of a contract on assignment of industrial property rights contains 
errors, the IP Viet Nam shall issue a notice on its intended refusal of registration of the contract 
or issue a de cision on its refusal of registration of the contract if the dossier -filing person fails to 
correct or unsatisfactorily corrects the errors, makes no opposition, etc.  
(ii) If a dossier for registration of a contract on transfer of industrial property right s contains no 
error, the IP Viet Nam shall:  
- Issuing a decision on recognizing the transfer of industrial property rights (for a contract on 
transfer of industrial property rights) and decision on grant of certificate of registration of the 
contract on li censing of an industrial property object (for a contract on licensing of an industrial 
property object);  
- To record the assignment of industrial property rights in the national Register of assignment of 
industrial property rights;  
- To publish the decisio n on recognizing the assignment of industrial property rights and the 
decision on grant of a certificate of registration of the contract on assignment of industrial property 
rights in the Industrial Property Official Gazette.  
 
Page 81，Para. 3.133  
In Viet Nam, there are two types of standards – national standards (Tieu chuan Viet  Nam 
(TCVNs)), and company/organization standards (Tieu Chuan Co So (TCCSs)) – and two types of 
technical regulations – national technical regulations (QCVNs) and local technic al regulations 
(QCDPs). Company/organization standards may serve as the basis for the development of national 
standards. A specific standard or a part of it becomes mandatory when it is invoked in a legal 
document or technical regulation.  
 
Question : 
21. What a re the differences between "s tandards" and "technical regulations" in terms of their 
scope and content? Are there examples of formulating both "standards" and "technical 
regulations" for the same product (e.g., a certain type of food product)?  
22. Is it possib le to apply both national standards and enterprise/organizational standards for 
the same product (e.g., a certain type of food product)? If so, are enterprise/organizational 
standards more stringent than national standards in general?  
23. Are national standard s or national technical regulations the sole basis for exporting products 
to Viet Nam (e.g., a certain type of food product)?  
 WT/TPR/M/410/Add.1  
 
- 58 - 
 
  
Answer : 
The definitions of "standards" and "technical regulations" are stated in the Law on Standards and 
technical regulations (including the scope and content) in accordance with TBT Agreement of WTO.  
- Standard means regulation on technical characteristics and management requirements used as 
standard for classifying and appraising products, goods, services, processes, the environment and 
other objects in socio -economic activities with a view to improving the quality and effectiveness of 
these  objects. A standard shall be published in a written form by an organization for voluntary 
application.  
- Technical regulation means regulation on the limits of technical characteristics and management 
requirements which products, goods, services, processe s, the environment and other objects in 
socio-economic activities must comply with in order to ensure safety, hygiene and human health; 
to protect animals, plants and the environment; to safeguard national interests and security, 
consumer interests and oth er essential requirements.  
An example of formulating both "standards" and "technical regulations" for the same product: Toys 
(QCVN 3:2019/BKHCN and TCVN 6238 -1:2008).  
 
Answer  (to Q22):  
- It is possible to apply national standards and enterprise/organizatio nal standards for the same 
product, but normally, either national standard or enterprise/organizational standard is used for 
one product.  
- Article 20 of the Law on Standards and Technical Regulations stipulates that the 
enterprise/organizational standards  must not be contrary to technical regulations (QCVN) and 
relevant law.  
- "Are enterprise/organizational standards more stringent than national standards in general?" – 
It depends on the type of products.  
 
Answer  (to Q23):  
Basically, national standards or technical regulations are the sole basis for exporting products. 
However, some products are subject to other regulatory regulations of the line ministries. For 
example, beside the requirements of standards and technical regulations, products must meet 
labeling regulations.  
 
Page 81，Para. 3.134  
Draft national standards are prepared by technical committees organized by the relevant 
ministries, the Viet  Nam Standards and Quality Institute in the STAMEQ (VSQI), organizations, 
and individuals. The drafts are base d on proposals from government agencies or the private sector. 
The VSQI is responsible for organizing the development of TCVNs and related consultations, 
providing secretarial support for the technical committees, and planning standardization activities. 
In 2020, authorities reported that there were 139 national standards technical committees and 54 
sub-committees. Draft TCVNs are published on the VSQI website with 60 -day comment periods. 
Interested foreign parties can consult draft standards on request. Ba sed on comments, revisions 
should be finalized in 120 days and, if a disagreement between interested parties persists, the 
MOST shall report to the Prime Minister for their consideration and decision. A repository of valid 
standards in Viet  Nam is availabl e online. Each year, the VSQI publishes a work -programme listing, 
which is regularly updated. The plan for 2020, approved by Decision No. 4099/QD -BKHCN of the 
MOST, includes 770 standards being prepared in various technical committees, proposed by 
differen t government ministries.  
 
Question : 
24. How are organizations and individuals selected for developing a particular national standard? 
Is there a limit on the number of organizations and individuals involved in developing a 
certain standard? How do the Technica l Committee, the Institute of Standards and Quality, 
organizations and individuals achieve cooperation? What are their respective functions?  
and individuals achieve cooperation? What are their respective functions?  
 
Answer : 
- According to Article 15 of the Law on Technical Standards and Regulations:  
All organizations and individuals have the right to preside over compiling or to participate in 
compiling draft national standards to propose the Ministry of Science and Technology to appraise 
and promulgate.  WT/TPR/M/410/Add.1  
 
- 59 - 
 
 Organizations and individuals related to the standard are selected for developing particular 
national standards. However, the Technical Committee's members shall comply with the 
requirements of Decision No. 22/2007/QĐ -BKHCN.  
- There is no limit to the numbe r of organizations and individuals involved in developing a 
standard, but the Technical Committee's members to develop a particular national standard shall 
meet the requirements stated in Decision No. 22/2007/QĐ -BKHCN on Regulation on organizing 
and operat ing of the national standard technical Committee. Accordingly, the number of Technical 
Committee members is limited by 15 except for complex standards.  
- Technical Committee, VSQI, organizations and individuals achieve cooperation through 
making comments on  draft standard, processing comments at meetings of Technical Committee 
and symposium meetings.  
Functions of the respective parties:  
+ Organizations and individuals send comments on draft of TCVN, QCVN and attend the 
symposium meeting to absorb and process  the comments.  
+ The Technical Committee receives the comments, processes them and updates 
absorbing ideas on the draft of TCVN and QCVN.  
 
Page 83，Para. 3.144  
Decree No. 43/2017/ND -CP (on Labelling of Goods) of 14 April 2017 prescribes the contents and 
ways of recording goods produced in or imported to Viet  Nam. Labels must include: the name of 
the product; the name and address of the producer or importer responsible for the good; its origin; 
and other contents according to the nature of the product. For foo d products, labels must show 
ingredients in order of importance, include production and expiry dates, and warning information 
(if any). For alcoholic beverages, the label must also include shelf life, preservation instructions 
(for wines), and batch identi fication (if any). Auxiliary labels are allowed on imported goods to 
show compulsory contents in Vietnamese, while keeping the original labels. Domestically produced 
goods that cannot be exported and are sold in the local market must include an auxiliary l abel with 
the denomination "Made in Viet Nam" (in bold). Decree No.  21/2011/ND -CP requires energy labels 
to be affixed to equipment and vehicles pursuant to the Law on Energy Conservation. MARD and 
MOST Joint Circular No. 45/2015/TTLT -BNNPTNT -BKHCN, issued  on 23 November 2015, provides 
further details on labelling requirements applied to foods containing at least 5% of genetically 
modified ingredients.  
 
Question : 
25. Do the "ingredients" here refer to food materials, or the components that should appear on 
the label?  
 
Answer : 
According to the Article 12 of Decree No. 43/2017/ND -CP (on Labelling of Goods), ingredients of 
goods are raw materials, including additives used to produce the commodity product and present 
in the finished product, even if the form of the material has been changed.  
 
26. How to determine the importance of "ingredients"? Is there already a requirement on the 
order ? 
 
Answer:  
According to the Article 16. Ingredients, ingredient quantities of Decree No. 43/2017/ND -CP (on 
Labelling of Goods), for food, ingredients must be written in order from high to low in volume.  
 
Page  68，Para. 3.80 
Between 2013 and 2019, Viet Nam had five anti -dumping measures in place and four cases under 
investigation; it also had four safeguard measures in place.  
 
Question : 
27. In 2017, Viet Nam imposed safeguard measures on imported colour -coated sheets through 
tariff quotas. China believes that, compared with the direct imposition of safeguard duties, 
the tariff -quota approach not only reduces the impact of imports on the domestic market, 
but also ensures the normal international trade, thus achieving a win -win situation for all 
parties. Is Viet Nam willing to give more consideration to similar approaches in future 
safeguard investigations?  
 
 WT/TPR/M/410/Add.1  
 
- 60 - 
 
 Answer:  
The forms of saf eguard measures will be considered on a case -by-case basis in consistent with the 
international commitments and domestic laws. Viet Nam takes note the comment of China.  
 
28. It is a common position of China that inter -industry dialogue and cooperation are bett er 
ways to resolve friction and seek a win -win situation than resorting to trade remedy 
measures. China has been encouraging its domestic industries to strengthen collaboration 
with their foreign counterparts and is willing to work with other WTO members t o build a 
platform for inter -industry dialogue. What is Viet Nam's view on this?  
 
Answer:  
Viet Nam takes note the comment of China. Viet Nam will provide appropriate opportunity for all 
interested parties to defend their interests, including meetings between parties. Viet Nam also 
encouraging interaction between industries.  
 
Page 92，Para. 3.184  
Price stabilization measures are used when prices of goods or services on the list change 
abnormally or the level of change affects socio -economic stabi lity in the event of a natural disaster, 
fire, epidemic, enemy sabotage, economic crisis, or temporary supply -demand imbalance. Specific 
measures may include regulating the supply and demand balance through goods circulation and 
buying in or selling out na tional reserves. The Government may set up a price stabilization fund 
where necessary. Goods and services subject to price stabilization include: (i) refined petrol and 
oil; (ii) electricity; (iii) liquefied petroleum gas; (iv)  nitrogenous fertilizer and N PK fertilizer; 
(v) plant protection chemicals; (vi) vaccines preventing diseases for bovine animals and poultry; 
(vii) kitchen salt; (viii) health foods, medical nutrition foods, and supplements, including nutritional 
products for children up to 36 months old; (ix)  edible sugar; (x) paddy and ordinary rice; and 
(xi) preventive and curative medicines for human use. Examples of such measures include 
improving circulation of goods in the domestic market; making purchases for national reserves or 
selling out th ese reserves; financial or monetary support; establishing a price stabilization fund for 
certain products; and fixing prices or the price frame. According to the authorities, price 
stabilization is currently applied only to refined petrol and oil.  
 
Question : 
29.  Please indicate if traditional Chinese medicine is included in the category of health foods, 
medical nutrition foods, and supplements.  
 
Page 41，Para.2.3.2.7  
Trade Agreement between the Government of the Socialist Republic of Viet  Nam and the 
Government of the Republic of Cuba (Viet  Nam-Cuba Trade Agreement)  
 
Question : 
30. Please introduce Viet Nam's imports of cigars and tobacco from Cuba since the agreement 
was reached.  
Page 53，Para.3.36  
Viet Nam's tariff applied in 2020 follows the AHTN, based on t he HS17 nomenclature. The Customs 
Tariff contains 10,813 tariff lines at the HS 8 -digit level. The simple average applied MFN rate for 
all goods is 11.9%, compared with 10.4% in 2013 (Table  3.1 and Chart 3.1); 18.1% for agricultural 
goods; and 10.9% for no n-agricultural products (WTO definition). The main reason for the increase 
in the overall tariff average is due to the change from the HS12 to the HS17 nomenclature and 
the splitting of several tariff lines, mainly in the "transport equipment section (HS S ection 17)". 
The highest tariffs include: 135% for five tariff lines concerning cigarettes (HS 2402.20 and 
2402.90); 100% for two tariff lines concerning certain tobacco products such as cigars, cheroots, 
and cigarillos (HS 2402.10); and worn clothing and other worn articles (HS 6309.00) (Table  A3.2 
and Chart 3.2).  
 
Question : 
31. What are Viet Nam's considerations for imposing differentiated tariffs on cigarettes and cigar 
products?  
32. Are the above tariffs applicable to China's cigarette and cigar exports to Vie t Nam?  
 WT/TPR/M/410/Add.1  
 
- 61 - 
 
 Answer  (to Q31):  
The preferential import tax rates (MFN) for cigarettes and cigar products are specified in Decree 
No. 57/2020/ND -CP dated 15 May 2020 of the Government amending a number of articles of the 
Government's Decree No. 122/2016/ND -CP dated 1 September 2016 on Export Tariffs, Preferential 
Import Tariffs, List of Goods and Absolute tariff, mixed tariff, non -quota import tariff and Decree 
No. 125/2017/ND -CP dated 16 November 2017 amending a number of articles of Decree 
No. 122/2016/ND -CP. 
 
Answer  (To Q32):  
The tariff rates specified in Decree No. 57/2020/ND -CP dated 15 May 2020 of the Government 
amending a number of articles of the Government's Decree No. 122/2016/ND -CP dated 
1 September 2016 on Export Tariffs, Preferential Import Tariffs, List of Goods and Absolute tariff, 
mixed tariff, non -quota import tariff and Decree No. 125/2017/ND -CP dated  16 November 2017 
amending a number of articles of Decree No. 122/2016/ND -CP are applied to all goods eligible for 
import from all W TO members (including China).  
 
Page 58，Para. 3.41&3.42  
 
Question : 
Tariff quotas for eggs, refined and raw sugar, and salt are decided by the Ministry of Agriculture 
and Rural Development (MARD). Tariff quotas for unmanufactured tobacco are decided by the 
MOIT, which announces annual import tariff quotas and decides on methods for managing imports 
of each commodity. Tariff rates for goods subject to tariff quotas are specified in Appendix IV to 
Decree No. 57/2020/ND -CP specifying the list of goods and the rat es of out -of-quota import taxes 
with respect to the goods subject to the tariff quotas, including eggs, sugar, tobacco, and salt.  
Quotas for salt are allocated to traders that wish to use it for manufacture, as confirmed by a 
competent regulatory authorit y. Quotas for poultry eggs are allocated to traders that wish to 
import them. Quotas for refined and raw sugar are allocated based on annual MOIT guidelines in 
consultation with the MARD and the MOF. Quotas for unmanufactured tobacco are allocated to 
trade rs that have been issued a licence by the MOIT to manufacture cigarettes using imported 
unmanufactured tobacco. Auctioning is not used to allocate the quotas. Allocated quotas are not 
transferrable. According to the authorities no imports of eggs is due to  a lack of demand.  
 
Question : 
33. Is there a difference in quotas, as well as the criteria, measures and execution of adjusting 
applicable tariffs for different tobacco products?  
 
Answer:  
Viet Nam set quota as well as the criteria, measures and execution of adjusting applicable tariffs 
for tobacco products according to Viet Nam 's WTO commitments. Whereby, Viet Nam do not set 
different quotas, criteria, measures for each tobacco products.  
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
Page 23 ，Para.2.81  
In the period of 2013 -2019, the implementation of legal policies for distribution services is divided 
into 2 phases: (i) for the period of 2013 -2017: continue to comply with the legal policy of the 
period of 2007 -2012 as reported in the previous period; (ii) for the period of 2018 -2019: comply 
with the provisions of Decree No. 09/2018/ND -CP dated 15 January 2018 detailing the Commercial 
Law and the Law on Foreign Trade Management regarding the purchase activities of goods and 
activities directly related to the purchase and sale of goods by foreign investors and foreign -
invested economic organizations (replacing Decree No. 23/2007/ND -CP). 
 
Question : 
34. Is trade in traditional Chinese m edicine services included in the Commercial Law and the 
Law on Foreign Trade Management?  
Page 18 ，Para.2.42&2.44&2.46  
 
Answer:  
Currently, Viet Nam is applying measures to limit the imported amount in the form of tariff quotas 
(replacing the form of import  permission) for raw tobacco, poultry eggs, raw and refined sugar 
and salt.  WT/TPR/M/410/Add.1  
 
- 62 - 
 
 Every year, the Ministry of Industry and Trade issues Circular on tariff quotas for four items, 
including: raw tobacco, refined and raw sugar, salt and poultry eggs.  
Entities to be allocated import tariff quota:  
Import tariff quota for raw tobacco is allocated to traders who have production license for 
cigarettes issued by Ministry of Industry and Trade and wish to import raw tobacco to produce 
cigarettes;  
 
Question : 
35. Please explain Viet Nam's plan and timeline for increasing tobacco consumption tax.  
36. How does the Vietnamese government set the quota for Chinese tobacco exports? Does Viet 
Nam plan to increase the export quota for Chinese tobacco, given its high quality, low price 
and abundant supply?  
 
Answer  (To Q35):  
In order to develop the Tax System Reform Strategy for the period 2021 -2030, Viet Nam is 
currently reviewing and evaluating the implementation of the Law on Special Consumption Tax, 
which includes r eview and assessment on the implementation of the special consumption tax policy 
on tobacco recently. The amendment of the special consumption tax rate on tobacco (if any) will 
have to be done through the amendment of the Law on Special Consumption Tax in accordance 
with the provisions of the Law on Promulgation of Legislative Documents. There has been no 
specific plan for the amendment of the Special Consumption Tax Law.  
 
Answer  (To Q36):  
How does the Vietnamese government set the quota for Chinese tobacco  exports? Does Viet Nam 
plan to increase the export quota for Chinese tobacco, given its high quality, low price and 
abundant supply?  
PART III. OTHER QUESTIONS  
37. Does the Vietnamese regulatory body plan to open cross -border RMB business  
 
Answer:  
According to the signed Agreement on Settlement and Cooperation between the State Bank of 
Viet Nam and the People's Bank of China and law of Viet Nam, Chinese Yuan (RMB) is only used 
in payment, purchase of goods and services at border areas by merchants and local residents 
living in the border area. Until now, legal framework for settlements in Viet Nam - China border 
trade has been relatively completed, which contribute to promote and facilitate Viet Nam - China 
border trade act ivities.  
 
In the framework of the Working Group on Financial and Monetary cooperation between the State 
Bank of Viet Nam and the People's Bank of China, two sides periodically review difficulties, 
problems and to come up with solutions to improve efficienc y of using local currency in settlement 
for trade and services in the border area between the two countries.  
  WT/TPR/M/410/Add.1  
 
- 63 - 
 
 9  COLOMBIA  
2. REGÍMENES DE COMERCIO E INVERSIÓN  
 
2.2 Formulación y objetivos de la política comercial  
2.2.1. Objetivos de la política comercial  
 
En el párrafo 2.17 se indica que "Concretamente, Viet Nam trata de "diversificar los mercados de 
exportación e importación" y "participar activamente en la red mundial de producción y en las 
cadenas de valor". En la Estrategia de Exportación e Importación p ara 2011 -2020, proyección hasta 
2030, se establecen tres objetivos específicos:  
 
• lograr una tasa media de crecimiento anual de las exportaciones de dos dígitos;  
• lograr que la tasa de crecimiento de las importaciones sea inferior a la de las exportacion es; y 
• reducir gradualmente el déficit comercial a fin de alcanzar un equilibrio comercial para 2020 y 
lograr un superávit comercial en 2021 -2030".  
 
Y en el párrafo 2.18 se informa que "Las autoridades afirman que se han alcanzado los tres objetivos. 
Además, el 24 de junio de 2011 el Ministerio de Industria y Comercio (MOIT) adoptó el Plan Rector 
para el Desarrollo del Comercio, en el que se presta especial atención a la aceleración del comercio 
mediante la integración de Viet Nam en los mer cados extranjeros. Con el fin de mejorar la aplicación 
del Plan, el 4 de septiembre de 2018 el Primer Ministro publicó una directiva en la que se 
encomendaba a los organismos gubernamentales que hicieran una contribución positiva 
incorporándose a organizac iones y foros multilaterales internacionales y regionales, como la 
Asociación de Naciones del Asia Sudoriental (ASEAN) y la OMC. Los objetivos son mejorar el perfil 
de Viet Nam en el contexto internacional; aprovechar plenamente la asistencia técnica prest ada por 
los asociados para mejorar la capacidad de gestión macroeconómica; crear un entorno empresarial 
estable y transparente para atraer la inversión extranjera; y ofrecer oportunidades comerciales a 
las empresas nacionales y extranjeras."  
 
1. ¿Podría el go bierno de Viet Nam  comentar sobre los principales ejes de la "Estrategia de 
Exportación e Importación para 2011 – 2020, proyección hasta 2030" que ayudaron en el 
cumplimiento de los tres objetivos propuestos?  
 
3. POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS  
 
3.1 Medidas que afectan directamente a las importaciones  
3.1.1 Procedimientos y requisitos aduaneros, y valoración en aduana  
3.1.1.1 Procedimientos aduaneros  
 
En el párrafo 3.2 la Secretar ía señala que "La Ley de Aduanas abarca, e ntre otras cosas, la gestión 
aduanera, las mercancías cuya importación, exportación o tránsito están permitidos, y la 
organización y el funcionamiento de los servicios aduaneros. Las autoridades señalan que, en 
comparación con la Ley anterior, la Ley revis ada establece un fundamento jurídico para la aplicación 
de la gestión del riesgo en todos los procesos de inspección y supervisión aduaneras, adopta los 
principios aplicables a la fase posterior a la inspección, hace extensiva la aplicación de la tecnologí a 
de la información y de equipos modernos a las actividades profesionales y adopta la Ventanilla Única 
Nacional y la Ventanilla Única de la Asociación de Naciones de Asia Sudoriental (ASEAN). Indican 
que la Ley y otros documentos pertinentes modernizaron l a gestión aduanera, entre otras cosas, 
mediante el uso de aplicaciones tecnológicas como el despacho de aduana electrónico en todos los 
departamentos y oficinas aduaneras y la posibilidad de presentar declaraciones en aduana las 24 
horas del día, los siete  días de la semana".  
 
2. Existe interoperabilidad entre Ventanilla Única Nacional y la Ventanilla Única de la Asociación de 
Naciones de Asia Sudoriental (ASEAN)? Cómo funciona? Que información es compartida?  
 
En el párrafo 3.17 se informa que "Viet Nam expidi ó resoluciones anticipadas sobre la clasificación, 
la valoración y el origen de las mercancías importadas, por las que se modificaron y complementaron 
determinados artículos de la Circular Nº 39/2015/TT -BTC del MOF, promulgada el 25 de marzo de 
2015, por l a que se prescribe el valor en aduana de las mercancías exportadas".  
 WT/TPR/M/410/Add.1  
 
- 64 - 
 
 3. La expedición de resoluciones anticipadas sobre origen son tanto de origen preferencial como 
no preferencial? De acuerdo a su experiencia, en materia de origen cuales son temas específic os 
sobre los cuales se solicitan resoluciones anticipadas?  
 
En el párrafo 3.30 se indica que " Viet Nam aplica las normas de origen preferenciales de la ASEAN. 
Los importadores deben presentar certificados de origen que satisfagan el criterio de obtención total 
o acrediten como mínimo un 40% de origen acumulado de mercancías procedentes de miembros de 
la ASEAN en el caso de las mercancías importadas en el marco del Acuerdo sobre el Comercio de 
Mercancías de la ASEAN. Los acuerdos de libre comercio de la ASE AN con otros interlocutores como 
Australia -Nueva Zelandia, Chile, China, la Unión Económica Euroasiática, la India y la República de 
Corea también se basan en el criterio de obtención total o transformación sustancial que suponga 
un cambio de partida aranc elaria, y permiten el origen regional acumulado. Se pueden aplicar 
normas específicas, en particular, a las operaciones y procesos mínimos; los accesorios, repuestos 
y herramientas; las materias idénticas e intercambiables; el tratamiento de los contenedor es y 
materiales de envasado; y las materias indirectas".  
 
4. A través de los Acuerdos de Libre Comercio de la ASEAN con otros interlocutores comerciales se 
permite la acumulación ampliada o extendida con terceros países? De permitirlo cuales son las 
condicion es que se deben cumplir para poder acceder a este tipo de acumulación?  
 
Answer:  
Each FTA to which Viet Nam is a member has its own rule regarding the minimal operations and 
processes (such as washing, cleaning, simple mixing, etc). The minimal operations and processes 
rule under non -preferential rules of origin of Viet Nam is regulated at Article 9 Decree 31/2018/ND -
CP. 
 
3.3.5.2 Empresas de propiedad estatal y privatización  
 
En el párrafo 3.194 la Secretaria informa que "Entre 2016 y 2020, Viet Nam se centró en aumentar 
el valor de las privatizaciones de empresas de propiedad estatal de conformidad con los siguientes 
documentos: Decisión N o. 58/2016/QD -TTg del Primer Ministro, por la que se estipula que 137 
empresas deben ser convertidas en sociedades por acciones durante ese período; la Carta Oficial 
No. 991/TTg -DMDN, publicada el 10 de julio de 2017, por la que se aprueba la lista de 137 empresas 
de propiedad estatal que se prevé convertir en sociedades por acciones entre 2017 y 2020; y la 
Decisión N o. 26/2019/QD TTg del Primer Ministro. Según las autoridades, el Ministerio de 
Planificación e Inversiones someterá a la aprobación del Primer Ministro el plan y la hoja de ruta 
correspondientes al período 2021 -2025 para la conversión de empresas  de propiedad estatal en 
sociedades por acciones."  
 
5. ¿Podría el Gobierno de Viet Nam  informar si se cumplió el objetivo de convertir las 137 empresas 
de propiedad estatal en sociedades por acciones entre 2017 y 2020, de conformidad con la 
Decisión N o. 58/20 16/QD -TTg del Primer Ministro y la Carta Oficial N o. 991/TTg -DMDN, 
publicada el 10 de julio de 2017?  
6. ¿Podría el Gobierno de Viet Nam  informar a qué sectores pertenecen las 137 empresas 
mencionadas en este párrafo, las cuales se debieron convertir de empres as de propiedad estatal 
a sociedades por acciones?  
7. ¿Podría el Gobierno de Viet Nam  informar si el Primer Ministro ya aprobó el plan y la hoja de 
ruta correspondientes al período 2021 -2025 para la conversión de empresas de propiedad 
estatal en sociedades po r acciones? En caso afirmativo, ¿Cuántas empresas y de qué sectores 
fueron incluidas?  
 
INFORME DE GOBIERNO - Documento WT/TPR/G/410  
 
1.3. Evaluación global de la aplicación de las políticas económicas de Viet Nam para el 
desarrollo socioeconómico nacional durante el período comprendido entre 2013 y 2020.  
 
El Gobierno de Colombia resalta los excelentes resultados de los indicadores de Viet Nam  en su 
Examen e Política Comercial, como el significativo aumento de sus exportaciones desde su ingreso 
a la OMC; el permanente superávit comercial de los últimos años; la diversificación de sus productos 
de exportación; el aumento del PIB; el sostenido crecimiento de la IED en sectores productivos que 
incluso representan parte importante de sus e xportaciones de bienes al mundo; la reducción de la 
pobreza; y los diversos tratados comerciales que ha suscrito y puesto en vigencia en los últimos WT/TPR/M/410/Add.1  
 
- 65 - 
 
 años, convirtiéndolo en socio de los mayores tratados recientes como el CPTPP y el RCEP; entre 
otros.  
  WT/TPR/M/410/Add.1  
 
- 66 - 
 
 10  DOM INICAN REPUBLIC  
RESUMEN  
Pág. 12  
Párrafo  26 "En 2019, la agricultura, la ganadería, la silvicultura y la pesca representaron el 15,5% 
del PIB (frente al 20,0% en 2013) y el 34,5% del empleo (frente al 46,7% en 2013). Los principales 
productos agrícolas son el arroz, el café y el caucho. En 2019, Viet Nam registró un déficit en el 
comercio agropecuario. Tanto las importaciones como las exportaciones de productos agropecuarios 
aumentaron entre 2013 y 2018; en 2019, sin embargo, disminuyeron. Las principales exportaciones 
fueron el coco, el arroz y el café, y las principales importaciones, el algodón y el maíz. La principal 
novedad en la política agropecuaria fue la adopción de varias leyes, como la Ley de Riego, la Ley de 
Sanidad Animal, la Ley de  Ganadería, la Ley de Producción Agrícola y los reglamentos pertinentes".  
 
1. Con respecto a las exportaciones de Viet Nam  y la reducción experimentada en 
el período de estudio, puede explicarnos ¿cuál es el impacto que tuvo el país 
con esa baja en las exportaciones, principalmente en los productos 
agropecuarios? Y ¿cuáles estrategias han utilizado para incentivar y dinamizar  
ese sector?   
 
1.3 EVOLUCIÓN DEL COMERCIO Y LA INVERSIÓN  
1.3.2 Tendencias y estructura de la inversión extranjera directa (IED)  
Pág. 33  
Párrafo  1.45: "La mayor parte de las entradas de IED, a saber, cerca del 60% del capital extranjero 
invertido total, se destinó al sector manufacturero. La inversión extranjera en el sector inmobiliario 
y el sector de la electricidad también fue considerable (12% y 9%, respectivamente), aunque se 
financiaron muchos menos proyectos con capital extranjero en esas esferas (cua dro 1.5). " 
 
2. En seguimiento al párrafo 1.45, con respecto a la inversión extranjera directa, 
agrademos que nos aclaren y nos brinden mayor información sobre las 
iniciativas tomadas por el gobierno de Viet Nam , para atraer el 60% de la IED, 
en el sector de manufactura.  
 
Answer : 
By 2019, manufacturing and processing industry accounts for the highest proportion with 
USD 214.2  bi, or 59.1%. In the near future, Viet Nam continues to prioritise the attraction of foreign 
investment project in manufacturing and processing indus try, projects with high technology, new 
technology, clean technology, modern management, with high added values and impact in 
connecting the global supply chain.  
To attract FDI in manufacturing, Viet Nam:  
- Prepare the necessary conditions for investment att raction (clean land, electricity, human 
resources, supporting industries, administrative procedures, etc.)  
- Proactively cooperates with diplomatic Ministries and agencies, business associations, 
consulting companies, legal companies, banks, investment funds  to reach out and to develop 
of list of prospective investors for further engagement, discussion and invitation to invest in 
Viet Nam;  
- Directly engage with big investors, organise (virtual) Investment Promotion Conferences;  
- Support and facilitate foreign t echnical experts, labour in entering Viet Nam. Currently MPI 
has assisted more than 21 thousand foreign technical experts, labour in entering Viet Nam 
to maintain business activities;  
- Utilize effectively the new -generation FTAs of which Viet Nam is a membe r. 
 
Pág. 33  
Párrafo  1.46 " La IED destinada al sector manufacturero de Viet Nam predomina en multinacionales 
electrónicas y productores de prendas de vestir que participan en la elaboración y el montaje final. 
La IED en el sector manufacturero genera un imp ortante excedente comercial (15% del PIB en 
2018).28 Se observa una correlación positiva entre la inversión en estos segmentos y la 
productividad; es decir, una mayor productividad da lugar a una mayor inversión extranjera, al 
mismo tiempo que la inversión  extranjera aumenta la productividad gracias al efecto de difusión de 
la tecnología (gráfico 1.13). Un estudio muestra que la participación significativa de Viet Nam en las 
cadenas de valor mundiales, gracias a la IED en el sector manufacturero, mejora las  capacidades de 
las empresas nacionales que abastecen a esas empresas de propiedad extranjera."  
 WT/TPR/M/410/Add.1  
 
- 67 - 
 
 3. Con respecto a la correlación entre la IED en el sector de manufactura y la 
productividad del país, agradecemos nos remitan informaciones adicionales 
sobre las medidas y/o estrategias implementadas a los fines de lograr esa 
importante participación del sector manufactura en el PIB (15% en el 2018) 
de acuerdo a las informaciones brindadas por el FMI (2019).  
 
Answer:  
In recent years, the Ministry of Industry and Trade has implemented solutions and policies to 
promote the structural transformation within the industry in the direction of increasing added value, 
focusing on the development of priority industries such as m echanical engineering. points, cars, 
supporting industries ... Thaco's export of complete cars to ASEAN is a testament to the effectiveness 
of this policy. Decree No. 111/2015/ND -CP on supporting industry development and Decision No. 
68/QD -TTg approving th e Supporting Industry Development Program from 2016 to 2025 have 
brought many opportunities for industrial enterprises, enterprises support access to market support, 
business connections, innovation consulting, training, and technology innovation ...  
In the context of a volatile world economy and the fourth industrial revolution.  
The market is one of the prerequisites for businesses. Over the past time, the Ministry of Industry 
and Trade has played a good role in exploring export markets through the newly signed FTAs; ensure 
a fair business environment and stable and healthy domestic market development through market 
management, domestic market development ...  
 
In addition, the Ministry of Industry and Trade also promotes cooperation with international 
organizations, multinational corporations, such as UNIDO, IFC/WB, JICA, KIAT, Samsung ... on 
capacity building for policy making, resources for domestic enterprises and business connection, 
training of consultants ... to help domestic industrial enterprises im prove their competitiveness and 
participate more deeply in the global value chain.  
  WT/TPR/M/410/Add.1  
 
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 11  ECUADOR  
PREGUNTAS DE ECUADOR EN BASE AL INFORME DE LA SECRETARÍA ( WT/TPR/S/410)  
 
1. De conformidad con la página 42, párrafo 2.40 y 2.41, el Informe de la Secretaría describe como 
Viet Nam  adoptó un enfoque gradual para reducir los aranceles aplicados a las mercancías originarias 
de las partes contratantes en el CPTPP durante un períod o de 10 años.  
 ¿Podría Viet Nam  informarnos sobre el estado de liberación arancelaria referente a los productos 
sensibles y los que se mantienen bajo contingentes arancelarios en su ACR con Chile?  
 
2. De conformidad con la página 54, párrafo 3.12, relacion ado a: "La Administración de Aduanas 
utiliza un mecanismo de despacho en aduana automático y ventanilla única nacional, que 
comprende: i) un sistema de despacho automático (Sistema Automatizado de Despacho de Aduana 
de Viet Nam  (VNACCS)); y ii) una base de  datos sobre las empresas (Sistema de Información 
Aduanera de Viet Nam  (VCIS))".  
¿Podría informarnos Viet Nam  cómo funciona el VCIS dentro del mecanismo de despacho en aduana  
automático y ventanilla única nacional?  
 Al ser el VCIS una base de datos de empr esas, ¿qué tipo de información de esas empresas se utiliza 
en el marco del  mecanismo y cuál sería su rol respecto de las fases del VNACCS, antes, durante y 
después del despacho?  
 
3. De conformidad con la página 65, párrafo 3.50, referente a: "El artículo 9  de la Ley define la 
desgravación del impuesto especial de consumo, a la que pueden acogerse los contribuyentes que 
producen mercancías sujetas a este impuesto y que tienen dificultades derivadas de catástrofes 
naturales u otros casos fortuitos"  
Podría ind icarnos Viet Nam  ¿qué tipos de problemas o circunstancias estarían cubiertos por el  
concepto de casos fortuitos? Entendiendo que la excepción se aplicaría, al parecer, para bienes 
producidos a nivel interno, ¿podría confirmarnos Viet Nam si la medida aplic aría a los productos  
importados?  
 
De ser aplicada la medida para bienes producidos internamente, considerando que el impuesto al 
consumo también es pagado por bienes importados en frontera, que se traslada al precio interno de 
las mercancías importadas, ¿qué medidas ha adoptado Viet Nam  para que esta desgravación se 
ajuste al principio de trato nacional respecto de los bienes producidos localmente, que se benefician 
de esa excepción, en relación a los bienes importados directamente similares, sustituibles o  
competidores? ¿Bajo qué disposiciones normativas de la OMC se justificaría la medida?  
4. De conformidad con la página 71, párrafo 3.62, en relación a: "La Decisión Nº 1380/QD -BCT del 
MOIT, de 25 de marzo de 2011, en la que se indican los productos cuya im portación no se promueve 
ni se desincentiva, sigue en vigor".   
¿Podría informarnos Viet Nam  el objetivo de esa Decisión, y qué tipos de medidas se adoptan para 
no promoverlas ni desincentivarlas?  
 
Answer : 
a) Some technical regulations may specify equipment, facilities, and manufacturing process to 
ensure safety and hygiene in the production, exploitation, processing, preservation and 
transportation of products, goods.  
b) Each imported product or goods will apply specific technical regulations. The line Ministry shall 
issue a list of products and goods together with technical regula tions, HS codes and corresponding 
management documents so that enterprises can search for information when importing goods into 
Viet Nam . 
c) Point a), Clause 1, Article 27 of the Law on Standards and Technical Regulations: People's 
Committees of provinces or centrally run cities shall formulate and promulgate local technical 
regulations for application within the scope of local management to specific products, goods, services 
and processes of each locality and in response to specific environmental requireme nts suitable to 
local geographical, climatic, hydrological characteristics and socio -economic development levels;  
Point c, Clause 3, Article 6 of Circular 26/2019/TT -BKHCN: When formulating QCQP, localities must 
notify relevant ministries, branches, agenci es and organizations, and local TBT -operating agencies 
within 30 days.  
Thus, the formulation of QCĐP also complies with principles and processes such as QCVN, ensures 
transparency, does not cause discrimination in commercial activities under the provisions  of the 
WTO/TBT Agreement.  
 WT/TPR/M/410/Add.1  
 
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 5. De conformidad con la página 88, párrafo 3.133, sobre los tipos de reglamentos técnicos.  
 
¿Podría informarnos Viet Nam , si los reglamentos técnicos nacionales contemplan las 
especificaciones de los locales, si existen diferen cias entre ambos? ¿Cuál sería el tipo de reglamento 
técnico que deberían cumplir los productos importados? ¿Podría informarnos Viet Nam  si las posibles 
diferencias entre reglamentos nacionales y locales provocaría algún tipo de discriminación (trato 
nacion al)? 
6. De conformidad con la página 93, párrafo 3.148, en relación a: "respecto de los que se exige un 
certificado de venta libre (CFS) expedido por las autoridades competentes del país exportador y 
validado por los servicios consulares".  
 
¿Podría indicar nos Viet Nam  si en el marco de sus ACR que contienen Capítulos sobre Facilitación 
del Comercio y Cooperación Aduanera se contempla alguna disposición de no utilizar validaciones 
de servicios consulares? De ser el caso ¿cómo se aplicaría la presente disposi ción bajo un 
compromiso bilateral de no adopción de verificaciones mediante servicios consulares?  
 
7. De conformidad con la página 97, párrafo 3.164, en relación a:  "Con arreglo a la nueva Ley, 
determinadas prácticas anti competitivas pueden estar exentas  si se considera que estas aumentan 
la competitividad de las empresas vietnamitas en los mercados internacionales.  
¿Podría informarnos Viet Nam , qué variables se analizan para definir si esas prácticas aumentan la 
competitividad? ¿A nivel interno, bajo ese  criterio no se aplicaría sanciones a esas prácticas? ¿Se ha 
analizado la repercusión de esas prácticas en los mercados internacionales? ¿Las prácticas detalladas 
en el párrafo 3.166 podrían ser consideradas como prácticas anti competitivas exentas?  
 
Answe r:  
The consideration of "increase the competitiveness of Vietnamese companies in international 
markets" is analy sed on the case -by-case basic. The applicable aspects should be analy sed are: 
(i) The related sector that the anticompetitive conducts detected ; (ii) The nature of that reviewed 
conducts; (iii) The legislation and government policies applicable for the sectors that the 
anticompetitive conduct happen; and many other related factors. However, according to the 
Competition Law, only some kind of anti -competitive agreements (prescribed in Clauses 1, 2, 3, 7, 
8, 9, 10 and 11 Article 11 which are prohibited in Article 12 of the Law on Competition) shall be 
granted exemption for a definite term if they about to "increase the competitiveness of Vietnamese 
companies in international markets" and benefit consumers.  
In conclusion, the analysis of "increase the competitiveness of Vietnamese companies in 
international markets" is conducted on the basic of case -by-case and the exemption only be granted 
if the an ticompetitive conducts be proved to bring benefit consumer.  
  WT/TPR/M/410/Add.1  
 
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 12  EUROPEAN UNION  
WT/TPR/S/410 – WTO Secretariat's Report  
 
1 ECONOMIC ENVIRONMENT  
Paragraph 1.23, page 18  
The Secretariat's report states that "Since January 2016, Viet Nam has implemented fiscal 
consolidation, strictly limiting the issuance of government guarantees and stabilizing the state 
budget deficit. Public debt as a share of GDP declined to 55.0% in 2019, down from 63.7% at its 
peak in 2016 (…); it was still, however, sli ghtly higher than the 54.5% of GDP registered in 2013. 
Although social and infrastructure spending needs, such as on health, pensions, and public 
investment, are still large, the authorities plan to continue their fiscal consolidation; they are 
confident i n their ability to increase revenue further, with measures to strengthen tax policy and 
administration, and to broaden revenue bases."  
 
EU Question N°1 : 
Taking into account the plan to continue fiscal consolidation, could Viet Nam explain whether this 
will look into the effectiveness of public spending and how it will be able to finance an increase in 
production at the same time?  
 
Paragraph 1.23, page 20  
The Secretariat's report states that "Given its deep integration with the global economy, Viet Nam 
suffered from the COVID -19 pandemic due to weakened demand and reduced trade (…). Since the 
onset of the pandemic, domestic demand, evident by the purchasing managers' index, has dropped 
more than 25 percentage points. Yet, the impact of the outbreak was not as  severe in Viet Nam as 
in other countries due to proactive measures at the national and local levels."  
 
EU Question N°2 : 
Could Viet Nam please explain more about the measures taken at national and local levels 
particularly with regard to social support?  
 
Answer : 
Regarding policies to support workers and ensure social security, the Government has issued 
Resolution 42 / NQ -CP dated April 9, 2020 of the Government, including solutions such as:  
- Supporting employees working under the labo ur contract regime who  must agree to suspend the 
performance of labor contracts, take leave without pay for 1 month or more due to the difficulties 
of enterprises due to the Covid -19 pandemic No revenue or financial resources to pay salary: 
VND 1,800,000/person/month.  
- Supportin g individual business households with tax declaration turnover of less than 
VND 100 million/year temporarily suspending their business from 1 April 2020: 
VND 1,000,000/household / month monthly depending on the actual situation of the show. 
changes but not  more than 3 months.  
- Supporting the employee whose labo ur contract or working contract is terminated but 
ineligible for unemployment benefit; the employee who does not have a labo ur contract will 
lose his job: 1,000,000 VND/person / month depending on the actual situation of the 
developments, but not more than 3 months. Valid from April to June 2020.  
- Supporting people with meritorious services to the revolution who are enjoying an additional 
monthly preferential allowance of VND 500,000/person/month. Applic ation period is 3 
months, from April to June 2020 and will be paid in one time.  
- Supporting social protection beneficiaries who are enjoying social benefits an additional VND 
500,000/person/month. Application period is 3 months, from April to June 2020 and will be 
paid in one time.  
- Support for poor and near -poor households according to the national poverty line in the list 
as of 31 December 2019, VND 250,000/person / month. Application period is 3 months, 
from April to June 2020 and will be paid in one time. 
- Lending to employers with financial difficulties and having paid at least 50% of the work 
stoppage salary in advance for non -collateralized workers, up to 50% of the regional 
minimum salary for each worker with 0% interest rate, the maximum loan term  is 12 months 
at the Bank for Social Policies.  WT/TPR/M/410/Add.1  
 
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 2 TRADE AND INVESTMENT REGIMES  
2.2 Trade Policy Formulation and Objectives  
Paragraph 2.18, page 35  
The Secretariat's report states that "…the Ministry of Industry and Trade (MOIT) adopted the Master 
Plan for Trade Development on 24 June 2011, with a focus on accelerating trade by integrating Viet 
Nam into foreign markets. (…) …create a stable and transparent business environment to attract 
foreign investment, and provide business opportunities for domestic  and foreign enterprises.  
 
EU Question N°3 : 
Could Viet Nam please explain how it is planning to improve its legal framework to become clearer 
and less bureaucratic?  
 
2.4 Investment Regime  
Paragraph 2.80, page 44  
The Secretariat's report states that " The OE CD Investment Policy Review of Viet Nam 2018 points 
out that statutory delays for registration and approval procedures were rarely met in the past, 
although national authorities noted that this was mostly related to the investment approval process. 
The aut horities indicate that the implementation of online licensing should improve these 
procedures, although some localities might continue to face challenges in implementing the highest 
level of digitalization outlined in this initiative. The National Investme nt Information System for 
Private Sector, which is to be launched in 2021, is expected to provide enhanced information and 
services on investment procedures to foreign investors. According to the World Bank Doing Business 
2020 Report, the major obstacle to  opening a business in Viet Nam is the delay in obtaining pre -
printed VAT invoices at the municipal level."  
 
EU Question N°4 : 
According to the World Bank's Doing Business 2020 Report, Viet Nam substantially improved on 
ease of doing business, currently ran king 70th among 190 economies (99th in 2013). Could Viet  Nam 
present the measures that are planned to be taken to address corruption, unpredictable taxation 
and how to improve "trading across borders" ? 
 
EU Question N°5 : 
Viet Nam's efforts to launch the Nat ional Investment Information System for Private Sector in 2021 
is appreciated. Could Viet Nam please indicate if it has considered adopting the International 
Apostille?  
 
EU Question N°6 : 
Could Viet Nam please indicate if it has considered joining the WTO Joint Statement Initiative' 
negotiations on Services Domestic Regulation, e -commerce and investment facilitation?  
 
Paragraph 2.81, page 45  
The Secretariat's report states that " Decree No. 11/2016/ND -CP, as amended by Decree No. 
140/2018/ND -CP, details the provisions and procedures for contracting foreign workers. The hiring 
of foreign workers is subject to the approval of the Chairman of the local People's Committee, based 
on employers' needs that cannot be covered by Vietnamese workers. Workers in 11 service sectors 
can transfer within their companies and work in Viet Nam."  
 
EU Question N°7 : 
Could Viet Nam provide more information regarding the draft law that will impose new conditions on 
the approval of work permits for qualifie d foreign workers?  
 
Answer:  
The 2019 Labo ur Code (effective from 01 January 2021) stipulates that: (1) Enterprises, agencies, 
organizations, individuals, and contractors are only allowed to recruit foreign workers, managers, 
executives, experts and technical workers if Vietnamese workers have not yet met the needs of the 
business for these positions; (2) When recruiting foreign workers to work in Viet Nam, it is first 
required that enterprises, agencies, organizations and individuals have their labour demand 
approved in writing by the competent sta te agency.  
On 30 December 2020, the Government issued Decree No. 152/2020/ND -CP regulating foreign 
workers working in Viet Nam and recruiting and managing Vietnamese employees to work for the 
organization and foreign individuals in Viet Nam . This Decree i s effective from  15 February 2021 and 
replaces Decree No. 11/2016/ND -CP dated 3 February 2016 specifying the approval of demand for WT/TPR/M/410/Add.1  
 
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 foreign workers. After the labour demand (explaining the need to use foreign workers) is approved, 
the employer shall carry out the procedures to get work permits for the worker, or a confirmation 
that it is not required for these workers to get work permits. The intra -corporate transferees within 
groups of service industries stated in Viet Nam's schedule of commitments with th e WTO are not 
required to get a work permit.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1.1 Customs procedures, valuation, and requirements  
Paragraph 3.18, page 51  
The Secretariat's report states that " Viet Nam introduced various measures in response to the 
COVID -19 pandemic in the area of customs procedures and valuation..."  
 
EU Question N°8 : 
Could Viet Nam please explain what measures were introduced in the area of valuation? The latest 
update on the Status of notifications of national legislation on cu stoms valuation and response to 
the Checklist of Issues (G/VAL/W/232/Rev.12) does not list any notifications by Viet Nam. Could 
Viet Nam please indicate if it will notify its legislation to the WTO and respond to the Checklist of 
Issues?  
 
EU Question N°9 : 
Could Viet Nam explain how it could improve customs registration of goods that are exported from 
one country, but transhipped via another country, to Viet Nam?  
 
3.1.2 Rules of origin  
Paragraph 3.27, page 52  
The Secretariat's report states that "Viet Nam ap plies both non -preferential and preferential rules of 
origin."  
 
EU Question N°10 : 
The Vietnamese government introduced Resolution 119/NQ -CP in December 2019 to address 
increasing cases of origin fraud and illegal transhipment. Could Viet Nam explain if all the measures 
introduced by this resolution have already been implemented?  
 
Answer:  
In order to strengthen the prevention of goods origin fraud, the Ministry of Industry and Trade of 
Viet Nam has implemented the followings:  
- Coordinate in organizing and participating the verification visit to monitor law enforcement 
in the fields of rules of origin in order to prevent and promptly dete ct cases of fraud, origin 
tampering.  
- Organize meetings with industry associations on the risk of origin fraud  
- Exchange and warn issuing authorities on strengthening inspection and supervision of C/O 
issuance, paying special attention to a number of items w ith high risk of origin fraud; 
organize teams to inspect and verify the origin of goods at enterprises' production 
establishments when there is a suspicion of origin fraud.  
- Coordinate with relevant authorities to update data on the C/O issuance to detect u nusual 
situation.  
- Release the documents to guide and urge issuing authorities on the origin of goods  
- Strengthen and supplement human resources for issuing authorities to advice on state 
management of origin of goods.  
- Strengthen the verification of origin o f goods.  
- Strengthen coordination with functional units and professional training for the origin 
inspection and verification team.  
- Promote propaganda about the dangers and harms of commercial fraud on the origin of 
goods and information on violations and ap plied penalties and sanctions.  
- Revise and amend regulations to combat origin fraud and illegal transhipment more 
effectively.  
 
Paragraph 3.28 referring to Table A3.1  Legislation pertaining to Viet Nam's rules of origin, 
2013 -20, page 163  
The second row states that "Non-preferential product origin criteria in the case of not wholly obtained 
or produced in a country: allowing traders of the same product to choose one of the three origin WT/TPR/M/410/Add.1  
 
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 criteria: wholly obtained goods (WO), local value conte nt (LVC), or change in tariff classification 
(CTC)."  
 
EU Question N°11 : 
Could Viet Nam explain in detail  the content of the MOIT Circular 05/2018/TT -BCT (on the origin of 
goods), issued on 3 April 2018? Does Viet Nam request non -preferential certificates a t import? If 
yes, could Viet Nam explain in which case?  
 
Answer : 
Viet Nam issued the Circular No. 05/2018/TT -BCT (on the origin of goods) on 3 April 2018 pursuant 
to the Agreement on Rules of Origin of WTO. This Circular replaces the Circular 08/2006/TM -BTM, 
in which the Product Specific Rules was built for the non -WO products from Chapter 01 to Chapter 
97 of the HS code.  
In the Circular 05/2018/TT -BCT, there are 3 basic origin criteria for traders to choose: WO; LVC and 
CTC (non -WO). 
With resp ects to goods not entitled to preferential importation, the customs office does not require 
to submit proof of origin of the goods. However, if an enterprise does not want to be subject to anti -
dumping duties, it must submit proof of origin in accordance w ith regulations of the Ministry of 
Industry and Trade (Article 4, Circular No.  38/2018/TT - BTC dated on 20 April 2018).  
 
Paragraph 3.31, page 52  
The Secretariat's report states that "…the Chamber of Commerce and Industry of Viet Nam to issue 
preferential certificates of origin under the GSP of foreign countries that grant non -preferential 
certificates of origin for Viet Nam."  
 
EU Question N°12 : 
Could Viet Nam please clarify what is meant by the non -preferential certificates of origin issued 
under the GSP schemes of foreign countries?  
Chamber of Commerce and Industry of Viet Nam (VCCI) is authorized by Ministry of Industry and 
Trade of Viet Nam (MOIT) to issue certificate of origin (C/O) form A under GSP, REX number under 
GSP of EU, non -preferen tial C/O form B under WTO and other C/O forms at the request of the 
importing country.  
 
3.1.4 Other charges affecting imports  
Paragraph 3.49, and Table 3.4 Goods and services subject to the excise tax, 2019, page 
60 
The Secretariat's report states that "Viet Nam levies excise taxes on certain goods and services 
pursuant to the Law on Excise Tax No. 27/2008/QH12, which entered into force on 1 January 2009 
and was amended twice – in 2014 (Law No. 70/2014/QH13) and in 2016 (Law No. 106/2016/QH13) 
(Table 3.4). No distinction is made between domestically produced and imported goods; excise tax 
is levied on the import -duty-inclusive price for imports on a c.i.f. basis. The taxable price of goods 
or services is the selling price or service provision price excluding  environmental protection tax and 
value -added tax (VAT)."  
 
EU Question N°13 : 
Could Viet Nam clarify whether it intends to change the rate of its excise duties on domestic and 
imported wines and spirits and, if this is the case, how this change would affect the overall tax 
burden of domestic and imported wines spirits?  
 
Answer : 
Viet Nam is currently conducting a review and assessment of the implementation of the Law on 
Special Consumption Tax, including reviewing and evaluating the implementation of the special 
consumption tax policy on wines and spirits in the recent period of time . The amendment of the 
excise tax on wines and spirits will have to be amended in the Law on Special Consumption Tax and 
in accordance with the provisions of the Law on the Promulgation of Legal Documents. Currently, 
there is no specific plan on a program to amend Law on Special Consumption Tax.  
 
EU Question N°14 : 
Could Viet Nam  clarify that the online sale of alcoholic beverages, which is an innovative way for the 
industry to reach out to their consumers particularly during the Covid pandemic, is allowed and 
whether Viet Nam  will issue clear guidelines for online retailers to th is end?  
 WT/TPR/M/410/Add.1  
 
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 Answer : 
It is not prohibited for businesses to conduct online sale of alcoholic beverages, which is regulated 
in the Law on prevention and control of harmful effects of alcoholic beverages (Article 16). However, 
the online sale of alcoholic bevera ges should be well complied with all related domestic regulations 
including: Decree No. 105/2017/ND -CP on sale of alcoholic beverages and Decree No. 17/2020/ND -
CP on amendments to some articles of Decree 105/2017/ND -CP, Law on Food safety, SPS 
requirement,  etc. Especially, the online transactions of alcoholic beverages must be complied with 
regulations of Decree No. 52/2013/ND -CP on E -commerce.  
 
Thus, basic legal framework on this matter has been created. Viet Nam has not yet planned to have 
any further gui dance on this matter at this time.  
 
3.3.3 Sanitary and phytosanitary measures, p age 84  
 
EU Question N°15 : 
Covid -19 is causing extensive delays in the approval of pending market access applications. How 
does Viet Nam plan to accelerate their approval?  
 
Answer:  
Covid -19 has been causing disruptions and delays in many import and export activities, including 
the process of approval of pending market access application. Currently, the competent authorities 
in Viet Nam has been discussed with relevant trading  partners on the possible approaches to 
accelerate the process in the meantime. However, please keep in mind that the approval of market 
access application will only be granted for application meeting all the requirements from our 
competent authorities wit h the purpose of protecting the health of people, animal and plants inside 
Viet Nam.  
 
3.3.5 State trading, state -owned enterprises, and privatization  
Paragraph 3.31, page 93  
The Secretariat's report states that "At the end of 2019, Viet Nam had 487 SOEs; o f which 54 were 
centrally managed and 433 were managed by a Provincial People's Committee. Data provided by 
the authorities indicate that the number of 100% SOEs fell from 1,309 at the end of 2011 to 487 at 
the end of 2019. The Government continues to hold  a controlling stake, i.e. more than 51% of the 
charter capital, in 185 enterprises…"  
 
EU Question N°16 : 
Could Viet Nam please supplement the data illustrating the pace of progress in the privatisation 
process of state -owned enterprises and a reference to the future objectives pursued by Viet Nam?  
 
EU Question N°17 : 
As regards good governance of state -owned enterprises, could Viet Nam specify the reforms under 
way and/or planned in the near future, including in the context of the implementation of their 
commitments under the Trans -Pacific Partnership (CPTPP Agreement) and other Free Trade 
Agreements signed?  
 
Paragraph 3.200, page 96  
The Secretariat's report states that " During the review period, Viet Nam reduced the degree of state 
involvement…"  
 
EU Question N°18 : 
Viet Nam's move in reducing the degree of State involvement in business operation is welcomed. 
Could Viet Nam share its intention of planned work to continue this process?  
 
Paragraph 3.202, page 97  
The Secretariat's report states that " After the initial equitization, the State occasionally divested its 
assets by selling part or all of its remaining shares to the public or to a strategic investor. The State 
Capital Investment Corporation (SCIC) continues to carry out divestments."  
 
EU Questio n N°19 : 
Could Viet Nam share more information and assessment of this work, including its intention of 
creating a stronger empowered body to manage the State capitals in all SOEs?  
 WT/TPR/M/410/Add.1  
 
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 Answer:  
Regarding the establishment of an institution which is stronger empowered in order to manage state 
capital at enterprises, SCIC would suggest that the existing model of state capital management at 
enterprises in Viet Nam basically is suitable for the follo wing reasons:  
 
- The Commission manages 19 state corporations (including SCIC) at which the Commission 
directly represents state capital ownership. These corporations are big -scaled enterprises, 
operate in key sectors..., and are categorized as long –term holding by the Sta te.  
- SCIC takes over enterprises which belong to the transferring lists to SCIC. Most of the 
enterprises are those that the State does not need to maintain state capital. After the 
transfer to SCIC, we will restructure and proceed divestment, bringing abou t high efficiency 
to the State.  
 
3.3.6 Government procurement  
Paragraph 3.205, page 97  
"Viet Nam has been an observer in the WTO Committee on Government Procurement since 
December 2012…"  
EU Question N°20 : 
Does Viet Nam  consider participating in the Government Procurement Agreement (GPA)? If yes, 
could Viet Nam indicate what would be the roadmap for that participation?  
Answer : 
Currently, Viet Nam  does not have an adequate database system on government procurement. In 
the coming time, when the National Procurement Network System is completed, the information 
gathering on government procurement will be implemented more effectively.  
 
3.3.7 Intellectual property rights  
Paragraph 3.224, Page 102  
The Secretariat's report states  that "...Counterfeiting and piracy in both physical and online markets 
remain major concerns of Viet Nam's trade partners, especially in the areas of software, music and 
movies, books and journals, pharmaceuticals, pesticides, and consumer goods. The number of 
reported infringement cases increased significantly between 2013 and 2019…"  
 
EU Question N°21 : 
Could Viet Nam indicate which concrete measures are taken in the fight against counterfeiting and 
piracy effectively both in the internal market and as  a transit zone? Are these measures  also taken 
at export level?  
 
Paragraph 3.227, page 103  
The Secretariat's Report states that "The 2019 amendments to the IP Law were aimed at 
implementing commitments that Viet Nam undertook in the CPTPP Agreement. A new proposal to 
amend and supplement several articles of the IP Law is being prepared…"  
 
EU Question N°22 : 
Could Viet Nam please indicate at what stage is the legislative revision? Could Viet Nam please be 
more precise on the scope, aim and consequences of the amendment?  
 
Answer:  
The amendment and supplementation of a number of articles of the Intellectual Property Law aimed 
at institutionalizing the Party's directions, the State's policies on the improvement of the IP legal 
framework; overcome problems and shortcomings in practice after 15 years of enactment; 
internalize international commitments to conform with international practices; thereby improving IP 
framework in the direction of encouraging creativity, ensuring stabil ity, consistency, synchronization, 
transparency, feasibility, ensure that IP rights are protected and effectively enforced, and at the 
same time enhancing the effectiveness and efficiency of the state management of IP, contributing 
to promoting economic, c ultural and social development of the country.  
 
The draft version of the Law amending and supplementing a number of articles of the IP Law will 
amend and supplement 83 articles of 14 chapters. The amendments and supplements focus on 
7 main groups of the po licies approved by the National Assembly, namely: (i) ensuring clear WT/TPR/M/410/Add.1  
 
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 regulations on authors, copyright holders, performers and related rights holders in cases of 
assignment or transfer of copyright and related rights; (ii) encouraging creation, exploitatio n and 
dissemination of patents, industrial designs, and layout designs which are created from the State 
budget (Viet Nam); (iii) facilitating the registration procedure of copyright and related rights and of 
industrial property rights; (iv) ensuring satisf actory and balance level in IP rights protection; 
(v) enhancing the efficiency and effectiveness of IP -support activities; (vi) improving the efficiency 
and effectiveness of IP enforcement; and (vii) ensuring the implementation of international 
obligations  on IP protection of Viet Nam.  
 
The draft version of the Law amending and supplementing a number of articles of the IP Law was 
published on the web portal of the Government, of the Ministry of Science and Technology and 
Ministry of Culture, Sports and Tour ism within 2 months (11/2020 -01/2021) for agencies, 
organizations and individuals can contribute comments on the draft. Many workshops and seminars 
have also been held for interested organizations and individuals to discuss on the draft.  
The Law amending a nd supplementing a number of articles of the IP Law will be submitted to the 
XV National Assembly for comments at the 2nd meeting session (October 2021) and the enactment 
is expected to occur at the 3rd meeting session (May 2022).  
 
Paragraph 3.232, page 10 4 
The Secretariat's report states that "Overall, data on industrial property registration indicate that 
there is a growing interest in protection of IPRs.(…) Trademark remains the area where applications 
grew significantly, although the number of grants was relatively moderate…"  
 
EU Question N°23 : 
Could Viet Nam  please indicate the main grounds used by Viet Nam not to accept those grants?  
 
Answer:  
In Viet Nam, the main grounds not to accept the grants are given on the basis of the Law on 
Intellectu al Property, specifically at Article 109, 117 and some cases at Article 8 of the Law.  
 
In practice, the grounds that used most are grounds provided for at Clause 1 Article 117, namely 
trademarks do not fully satisfy the protection conditions. Those tradema rks usually fall into one of 
the cases stated at point c, e, and h Clause 2 Article 74 of the Law (trademark is descriptive of goods 
or services; identical with or confusingly similar to registered marks of identical or similar goods or 
services; identical  with or confusingly similar to another person's mark which its registration 
certificate has been invalidated for no more than 5 years).  
 
Paragraph 3.238, page 106  
The Secretariat's report states that "IP Law provides for general protection for trade secrets, as well 
as of test data in the pharmaceutical and agrichemical sectors, in line with Article 39 of the TRIPS 
Agreement…"  
 
EU Question N°24 : 
How is Viet Nam ensuring that the data is protected against unfair commercial use?  
 
Answer:  
In order to p rotect test data against unfair competition, we provide for in the related legislations the 
followings:  
(i) The competent authority has obligation to keep the data in secret if the applicants so require 
except where the disclosure of the data is necessary  to protect the public;  
(ii) The competent authority shall not grant licenses to any subsequent applicants in whose 
applications the said secret data are used without the consent of submitters of such data within 
5 year period.  
 
The procedures for keeping secret test data are also specified in the legal documents of the Ministry 
of Agriculture and Rural Development and the Ministry of Health, i.e., Circular No. 05/2010/TT -BYT 
guiding the keeping secret of test data testing in drug registration and Decision No. 69/2006/QD -
BNN on the issuance of Regulations on keeping secret test data of agro -chemical products.  
 
Paragraph 3.240, page 106  
The Secretariat's report st ates that "Viet Nam considers GIs as an important instrument to manage 
the quality of agricultural products, promote their competitiveness, achieve greater economic value WT/TPR/M/410/Add.1  
 
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 in domestic and international markets, and preserve relevant culture traditions.  The IP Law provides 
protection of GIs through registration at IP Viet Nam. The authorities note that GIs are protected as 
certification marks. The right to register GIs of Vietnamese origin belongs to the State, which allows 
organizations and individuals to re gister GIs. Nonetheless, the party exercising the right to register 
a GI does not become the owner of the GI …"  
 
EU Question N°25 : 
a) Recently Viet Nam revised its GI legal framework in order to comply with the EVFTA commitments. 
Could Viet Nam please clar ify which amendments were recently introduced in the GI legislation and 
the reasons for such modifications?  
 
Answer:  
In order to comply with the commitments on GIs in EVFTA, in 2020, Viet Nam issued the Resolution 
No. 102/2020/QH on the ratification of EVFTA, together with an appendix of the direct application 
provisions in EVFTA (without having to be specified in the IP Law and/or guiding documents), 
including Clause 2, Article 12.27 on the protection of GIs, clauses 1, 2, and 3 of Artic le 12.28 
regarding the exceptions, Article 12.29 regarding the right of use of GIs.  
 
b) Is Viet Nam planning to accede to the WIPO administered Lisbon Agreement for the Protection of 
Appellations of Origin and their International Registration?  
 
Answer:  
The Lisbon Treaty on the Protection of Appellations of Origin and the Registration of Designation of 
Origin imposes an obligation to protect geographical indications through the Treaty, and provides a 
number of standards that are higher than the TRIPS Agreem ent and the current laws of Viet Nam 
on the protection of GIs. Therefore, Viet Nam has no plans to join the Treaty yet.  
 
c) The text indicates that "the party exercising the right to register a GI does not become the owner 
of the GI" , could Viet Nam please  clarify who is the owner of the GI? Is it a collective IP right or a 
private right?  
  
Answer:  
The IP Law (Article 121) states that the owner of Viet Nam's GIs is the State. The right to use GIs 
is granted by the State to organizations or individuals that  manufacture products bearing the GIs.  
 
Decree No. 103/2006/ND -CP guiding the IP Law provides that foreign individuals and organizations 
that are the right holders of geographical indications according to the law of the country of origin 
have the right to register those geographical indications in Viet Nam.  
Therefore, the way of determining the owner of a foreign geographical indication when registered in 
Viet Nam is based on the law of the country of origin.  
 
Paragraph 3.247, page 108  
The Secretariat's rep ort states that "Counterfeiting and piracy remain the major IPR infringements. 
According to the International Chamber of Commerce's BASCAP Report, a broad range of counterfeit 
products continue to be sold, e.g., garments, accessories, food products, wines and spirits, 
cosmetics, pharmaceuticals, computer software, vehicle spare parts, engine lubricants, electro -
mechanical products, and consumer electronics. Online piracy is also a serious concern, and the 
authorities took important enforcement steps over th e past few years. In addition, domestic 
manufacturing of counterfeit products is emerging as a concern."  
 
EU Question N°26  
 Is Viet Nam considering its participation in the WCO Interface Public -Members (IPM) which allows 
for real -time communication between customs officers and the private sector to assist in the 
identification of counterfeit products? Does Viet Nam have a mech anism to identify recidivist 
exporters?  
 
Paragraph 3.252, page 109  
The Secretariat's report states that "Regarding regional trade agreements, in both the CPTPP 
Agreement and the EVFTA, Viet Nam undertook commitments to provide enhanced protection to 
IPRs. Viet Nam is also negotiating with the European Free Trade Association (EFTA) and participating 
in the Regional Comprehensive Economic Partnership (RCEP) Agreement negotiations."  
 WT/TPR/M/410/Add.1  
 
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 EU Question N°27 : 
Could Viet Nam indicate if the RCEP platform for regional d ialogue and cooperation also will deal 
with cooperation against counterfeiting?  
 
Answer:  
With the aim towards effective action against infringements of IP rights, in the article of Cooperation 
and Consultation, the RCEP requires member countries to cooperate on border measures with a view 
to eliminating international trade in goods that infringe intellectual property rights, including 
counterfeiting.  
 
 
4 TRADE POLICIES BY SECTOR  
4.1.2 Agriculture  
Paragraph 4.6, page 112  
The Secretariat's report stat es that  "During the review period, the main agricultural policy 
development was the adoption of various laws, such as the Laws on Irrigation, Animal Health, Animal 
Husbandry, and Crop Production, and relevant regulations."  
 
EU Question N°28 : 
Could Viet Nam please explain about the animal health situation in Viet Nam in order to illustrate 
possible impacts on trade (restrictions/facilitations)?  
 
Answer:  
The Veterinary Law was creating a legal framework to develop surveillance programs to better 
control the situation of animal diseases and food safety of animal origin. From there, creating a basis 
for the Department of Animal Health to negotiate to export a number of products of animal origin 
such as honey, processed meat, milk, bird's nest, fish meal and fish oil….  
Viet Nam is a member of the World Veterinary Organization (OIE), so Viet Nam regularly updates 
and reports on domestic animal diseases to OIE in accordance with OIE's regulations.  
 
Paragraph 4.24, page 115  
The Secretariat's report states tha t "Rice is on the list of goods and services subject to price 
stabilization, in accordance with the Law on Prices. It is also on the list of national reserve goods 
under the Law on the National Reserve." (…) "If necessary, the State may use price stabiliza tion 
measures, including purchasing, setting the maximum or minimum prices, or selling national reserve 
goods to balance supply and demand for rice."  
 
EU Question N°29 : 
Could Viet Nam describe what the different mechanisms for "price stabilization" are? Could Viet Nam 
also detail the mechanisms for the purchase or sale of national reserve goods? When is the scheme 
activated, and which types of rice are eligible? Are there any quantitative limits for the quantities 
that can be bought un der the scheme? At which price will rice be bought for the reserve (any 
minimum price fixed – directly or indirectly), and who is in charge of the storage of the products?  
 
Answer:  
1. Description of mechanisms for price stabilization:  
Price stabilization shall comply with the provisions of the Law on Prices and its relevant implementing 
documents, specifically as follows: When the market price of goods and services on the list of price 
stabilization has abnormal fluctuations occurring in the following case s: The purchase price or selling 
price on the market unreasonably increases too high or falls too low compared to the price increase 
or decrease due to the impact of price -forming factors calculated according to the policy, economic -
technical regulations o r price calculation methods promulgated by competent state agencies; The 
purchase price or selling price on the market increases or decreases abnormally in the event of 
natural disasters, fires, epidemics, hostilities, economic - financial crises, temporary  supply and 
demand imbalances; Price fluctuations affect socio -economic stability, adversely affect production 
and people's lives.  
Price stabilization measure:  
According to Article 17 of the Law on Prices, price stabilization measure means the "applicatio n of 
one or several of the following measures for price stabilization in accordance with the cases specified 
in Article 16 of this Law:  WT/TPR/M/410/Add.1  
 
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 1. Making the supply and demand equable of goods produced in domestic and import – export goods; 
goods in regions, local ities in the national through operation of goods circulation; buy or sell the 
national reserve goods, circulating reserve goods;  
2. Financial/monetary measures in accordance with regulations;  
3. In necessary cases, establishing price stabilization fund for  items need price stabilization in the 
List of goods or services implementing price stabilization to support price stabilization; using price 
stabilization fund when prices of such goods or services changes abnormally or negatively affect the 
economy and p eoples' lives.  
Price stabilization fund shall be established from the following sources:  
a) Deducting from price of goods or services;  
b) Voluntary contribution by organizations, individuals;  
c) Aid of foreign countries;  
d) Other legitimate financial sourc es. 
The Government shall stipulate in detail regarding products eligible for the establishment, 
management and use of price stabilization fund;  
4. Price registration for goods or services subject to price stabilization: Business organizations and 
individua ls shall register price stabilization only for goods or services subject to price stabilization 
during the period which the State applies price stabilization methods.  
5. Examining elements forming prices; controlling inventory goods; examining quantity, vo lume of 
available goods;  
6. Applying price supporting measures in accordance with regulations and international 
commitments;  
7. Determining the particular prices, maximum prices, minimum prices or price frame suitable with 
the nature of goods or services and in accordance with the principles, grounds, and methods 
prescribed in this Law.  
 
2. Mechanism for purchase or sale of national reserves: based on the transaction and sale prices on 
the market under normal conditions of rice, associated with th e time, trading conditions and policies 
of the State that affect the price of rice; The Minister of Finance shall stipulate the maximum 
purchase price and the minimum selling price of national reserve rice; The General Department of 
State Reserve shall dec ide on specific unit prices to calculate the bidding prices to buy rice or 
calculate the units prices of rice to auction. The procurement unit price must not be higher than the 
maximum purchase price prescribed by the Minister of Finance; unit price at auc tion must not be 
lower than the minimum selling unit prices prescribed by the Minister of Finance; at the same time, 
the prescribed unit price is in accordance with the basic characteristics of the national reserve rice 
and the market price at the time.  
National reserve rice shall be purchased at the winning bid price (not higher than the procurement 
price) and sold at the winning auction price (not lower than the price of the auctioned property unit).  
The time of purchase of national reserve rice is at t he time of harvesting and high supply; the time 
of selling rice in national reserves is after the time limit for preserving reserves in warehouses or in 
accordance with regulations.  
 
3. When is the scheme activated, and which types of rice are eligible?  
The price stabilization program for the case when the stabilization measure is the purchase or sale 
of national reserves is activated upon decision of the Government. From 2013, the Government of 
Viet Nam has not applied price stabilization measures for ric e products.  
Rice qualified for national reserve is a type of white rice of Oryza sativa L. The rice shall meet the 
technical requirements, test methods; rice quality requirements as prescribed in CVN06:2019/BTC 
issued under the Circular No. 78/2019/TT -BTC dated November 12, 2019 of the Minister of Finance 
promulgating national technical regulations on national reserve rice.  
 
4. Are there any quantitative limits for the quantities that can be bought under the scheme?  
Every year, ministries ma naging national reserves shall propose the national reserve plan of the 
year and send them to the Ministry of Finance for summary, consideration and appraisal and then 
coordinate with the Ministry of Planning and Investment in submitting to the Prime Minis ter for 
approval of the quantities of national reserves purchased in accordance with current regulations.  
 
5. At which price will rice be bought for the reserve (any minimum price fixed – directly or indirectly)  
In accordance with the law on price, the nat ional reserve rice will be purchased at the market price.  
The price of rice reserves is developed according to the comparison method specified in Circular No. 
25/2014/TT -BTC of February 17, 2014. Based on the basic characteristics of national reserve rice  
specified in the national reserve technical regulation (currently QCVN 06:2019/BTC enclosed with WT/TPR/M/410/Add.1  
 
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 Circular 78/2019/TT -BTC of November 12, 2019 of the Minister of Finance promulgating national 
technical regulations on national reserve rice); based on the tr ansaction and sale prices on the 
market under normal conditions of similar rice associated with the time, trading conditions and 
policies of the State, which affect the price of rice; The Minister of Finance shall stipulate the 
maximum purchase price and t he minimum selling price of national reserve rice; The General 
Department of State Reserve shall decide on specific unit prices to calculate the bidding prices to 
buy rice or calculate the units prices of rice to auction. The procurement unit price must no t be 
higher than the maximum purchase price prescribed by the Minister of Finance; unit price at auction 
must not be lower than the minimum selling unit prices prescribed by the Minister of Finance; at the 
same time, the prescribed unit price is in accorda nce with the basic characteristics of the national 
reserve rice and the market price at the time.  
 
6. Who is in charge of the storage of the products? The General Department of National Reserve is 
assigned by the Ministry of Finance and the Government to directly manage the national reserve 
rice; The General Department of State Reserves assigns tasks to the provincial Department of 
National Reserve to directly import, export and preserve national reserve rice at warehouses in 
provinces and cities throughou t the country.  
 
4.1.3 Fisheries  
Paragraph 4.34, page 118  
The Secretariat's report states that  "As notified to the WTO, the Fisheries Development Policies 
provide support measures to the sector, such as credits for new vessels, subsidized accident 
insuranc e, and tax exemptions between 2015 and 2018. The Policies are based on, inter alia, Decree 
No. 67/2014/ND -CP, issued on 7 July 2014, and its amendments. The objectives of the Policies 
include: (i) upgrading and building fishing ports, fishing vessel shelte rs, and other infrastructure and 
facilities, so as to improve the management, monitoring, supervision, and inspection of fishing 
activities; (ii) upgrading and modernizing artisanal and small fishing vessels, and converting from 
wooden to steel vessels to increase safety and minimize risks for people participating in fishing 
activities; (iii) promoting poverty alleviation; (iv) maintaining and developing traditional fisheries in 
a sustainable manner; (v) training and raising awareness; and (vi) supporting t he conversion of 
fishing gear, to eliminate the use of destructive gear. Several support programmes were, or are 
being, implemented to support the fisheries sector, including:  
• An insurance system for people participating in fishing activities and for fi shing vessels 
operating at sea, in accordance with Decree No. 67/2014/ND -CP;  
• Tax and fee exemptions: no registration fee imposed on fishing vessels, to encourage 
fishing vessel registration; exemption from personal income tax for individuals and 
househo lds that operate substantive fishing, etc.; exemption from import duties on 
machinery, equipment, materials, and components that are not produced locally, in order to 
build or upgrade vessels to reduce the number of small fishing vessels."  
 
EU Question N°3 0: 
Could Viet Nam provide further information on whether it current provides support measures for 
fisheries such as was provided under, inter alia , Decree No. 67/2014/ND -CP for upgrading and 
modernisation of vessels, insurance for fishers or tax and fee exemptions for vessels and fishers?  
 
4.2.2 Energy  
Paragraph 4.68, page 127  
The Renewable Energy Development Strategy to 2030, Vision to 205079, als o set objectives for the 
development of renewables, and some sector -specific policies have been implemented since 2016. 
(…) stipulate favourable conditions for the development of solar -power and wind -power projects, 
notably by guaranteeing a feed -in tariff  scheme through long -term contracts to renewable energy 
producers.  
 
EU Question N°31 : 
Could Viet Nam explain how it is planning to enforce the electricity grid in order to take into account 
the additional renewable energy.  
 
4.3.3 Other manufacturing activities  
Paragraph 4.112, page 134  
The Report states that "Decree No. 155/2018/ND -CP, issued on 12 November 2018, regulates 
investment and business conditions for enterprises operating in pharmaceuticals..."  
 WT/TPR/M/410/Add.1  
 
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 EU Question N°32 : 
Could Viet Nam indicate whether it considers improving the business environment to facilitate trade 
of medicines into Viet Nam? If yes, when would such an improvement or policy take place,  and would 
relevant stakeholders be engaged in consultations?  
 
WT/TP R/G/410 – Government's Report  
 
2 VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
Paragraph 2.19, page 12  
The Report states that "Especially in the period of 2016 -2020, about 234 documents have been 
drafted and promulgated and the Natio nal Assembly has passed 26 laws therein related to economic 
restructuring with many important laws that contribute to promoting economic restructuring such 
as: Law on Public Investment; Law on State Budget; Law on Investment and State Capital 
Investment in  Enterprises; Law on Provision of Assistance for Small and Medium -sized Enterprises 
(SMEs); Law on Technology Transfer; Law on Investment; Law on Enterprises; Law on Credit 
Institutions; Law on Planning; Law on Public -Private Partnership Investment; Law on  Labour Code; 
etc…"  
 
EU Question N°33 : 
Viet Nam adopted a new Labour Code in November 2019. Could Viet Nam explain when the 
implementing decrees will be adopted? Could Viet Nam confirm that, following the adoption of the 
implementing legislation, Workers R epresentative Organisations (WROs) have the right to organise 
themselves, can register, and exercise all the rights foreseen in the Labour Code?  
 
EU Question N°34 : 
As regard the process of economic restructuring, could Viet Nam give an update of the plan to 
implement the ILO Fundamental Conventions no 98 (collective bargaining) and no 105 (forced 
labour)? Could Viet Nam also confirm that it intends to ratify the outstanding ILO Fundamental 
Convention no 87 (freedom of association) by 2023? Could Viet Nam clarify what are the process 
and timelines foreseen to review the Trade Union law?  
 
Paragraph 2.80, page 23  
The Report states that "…in its bilateral relations, Viet Nam agrees to consult with several Members 
when making regulations on GMO products. Vi et Nam also commits to apply regulations on expiry 
of food materials and food additives under general rules of the SPS/WTO Agreement."  
 
EU Question N°35 : 
Could Viet Nam clarify what policy and framework measures have been implemented by Viet Nam  
on GMOs, including in the area of research, production and use of GMOs?  
 
Answer:  
For GMOs, please refer to the following regulations:  
- Joint circular No. 45/2015/TTLT -BNNPTNT -BKHCN on labelling of prepacked genetically modified 
foods.  
- Decree No. 69/2010/ND -CP on biosafety for genetically modified organisms and Decree 
No.118/2020/NĐ -CP dated October 2, 2020 on amendments to Decree No. 69/2010/ND -CP on 
biosafety for genetically modified organisms.  
 
Paragraph 2.88, page 25  
The Report states that " After accession to the WTO in 2007, Viet Nam has developed and issued the 
Telecommunications Law (2009) which has been creating a legal framework for regulating 
telecommunications market in according to international practices, in line with the Viet Nam's 
commitments in the WTO.   
 
EU Question N°36 : 
With respect to the cybersecurity law (Law No. 24/2018/QH14) which entered into force in Viet Nam 
on 1st January 2019, co uld Viet Nam please share information on the following:  
a) Whether the Law in its entirety (or partially) is currently being implemented especially in the light 
of the lack of adoption of the implementing guidelines/decree foreseen by this law;  
b) When t he implementing guidelines/decree will be adopted; and  WT/TPR/M/410/Add.1  
 
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 c) Which will be their impact on services and more specifically, on the provision of the cross -border 
supply of any service but also, its impact on overseas providers of telecommunications services, 
internet services and value -added services in Viet Nam's cyberspace that collect, analyse or process 
private information or data about relationships of their service users or data created by their service 
users in Viet Nam to retain such data for a specific  period of time defined by the Government, to 
open branches or representative offices in Viet Nam (as provided for by Article 26 of the 
Cybersecurity Law). Could Viet Nam also provide with more clarity which will be the specific 
conditions based on which t hese businesses will be requested to open local branches or localise the 
data they process/host?  
 
Answer : 
After a period of drafting and collecting comments from ministries, departments, sectors, local 
authorities, businesses, citizens, representative agencies and foreign businesses with more than 800 
comments and feedbacks, The Ministry of Public Security has listened to and received opinions and 
after six times of editing, supplementing and completing, the draft Decree has now been subm itted 
to the Prime Minister for consideration to sign and promulgate in the coming time (scheduled in the 
year 2021).  
 
Paragraph 2.109, page 28  
The Report states that "In 2019, for the first time, Viet Nam issued a National IP Strategy. The 
guiding viewpoi nt of the IP Strategy is to develop a synchronous and effective IP system in creating, 
acquisiting, exploiting and protecting IP rights, building an environment that encourages innovation 
and meet the requirements of international integration, making IP an  important tool to enhance 
national competitiveness, promote economic, cultural and social development…"  
 
EU Question N°37 : 
To achieve the objectives set out in the National IPR Strategy, which concrete actions have already 
been undertaken by Viet Nam?  
 
Answer:  
The measures adopted/to be adopted to implement the Intellectual Property Strategy (the IP 
Strategy) until 2030 that Viet Nam has been carrying out are as follows:  
a. Measures adopted to implement the IP Strategy:  
- The Ministry of Science and Technology (MOST) organized IP dissemination activities for the IP 
Strategy's content through media, workshops, seminars and conferences.  
- The MOST issued guiding documents for ministries, regulatory authorities and local go vernments 
to implement the IP Strategy. The Ministries and provincial People's Committees will determine 
specific contents of the IP Strategy to be implemented within their functions, tasks and duties.  
- In March 2020, the MOST issued the Plan on implement ation of the IP Strategy (from 2020 to 
2025) to implement the assigned tasks in the IP Strategy.  
- A number of ministries have been developing their plans on implementation of the IP Strategy 
within the scope of their management. People's Committees of pro vinces and central -affiliated cities 
also adopted their plans on implementation of the IP Strategy.  
 
b. Measures being adopted to implement tasks and solutions in the IP Strategy  
- Improving the policy and legal system on IP to facilitate the creation, acq uisition, exploitation 
and enforcement of IP rights: the MOST have cooperated with the Ministry of Culture, Sports 
and Tourism, the Ministry of Agriculture and Rural Development to develop the proposal of 
the Law amending and supplementing several articles  of the Law on Intellectual Property. 
The proposal is planned to be submitted to the National Assembly in October 2021.  
- Improving the enforcement of IP rights: The Action Program to prevent infringement of IP 
rights for the period 2019 -2023 is carrying out . This program me is signed by nine IP 
enforcement authorities (seven Ministries and two Judiciaries), to enhance the cooperation 
between administrative agencies, and also between administrative agencies and the 
judiciaries to resolve the IP infringement ca ses effectively. Some specific activities in this 
program include: developing provisions on IP enforcement; dealing with IP infringements 
using administrative, criminal and civil measures; exchanging of information and 
experiences on IP enforcement.  
- Develo ping the IP assets development program for the period 2021 -2030: The program was 
signed and issued by the Prime Minister in December 2020.  
- Strengthening the organization and operation of the IP Office.  WT/TPR/M/410/Add.1  
 
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 - Upgrading and digitalizing the IP database; providing public services; increasing investment 
in infrastructure development, and applying new technologies in the acquisition, exploitation 
and protection of IP rights.  
- Researching and amending the regulation on the examination of the industrial property 
applicat ions (such as patent and trademark).  
- Promoting the activities of the creation and exploitation of IP assets by continue the 
implementation  of the Enabling IP Environment (EIE) project.  
 
Paragraph 2.168, page 36  
The Report states that "The Free Trade Agreem ent between Viet Nam and the European Union 
(EVFTA) was ratified by the National Assembly of Viet Nam on June 8, 2020 and officially entered 
into force on 1 August 2020. To implement the Agreement, the Government has issued the Decision 
No. 1201/QD -TTg on Action Plan for Implementation of the EVFTA."  
 
EU Question N°38 : 
EVFTA Article 10.7  on Transparency requires  Each Party to ensure transparency in the area of specific 
subsidies. To that end, each Party shall notify the other Party every four years of the legal basis, 
form, amount or budget, and if possible, the recipient of a specific subsidy. The first notification shall 
be made available no later than four years after the date of entry into force of this Agreement. Could 
Viet Nam please explain which  steps it is taking to fulfil this notification obligation?  
 
Answer:  
The notification to other parties of the legal basis, form, amount or budget, the recipient of a specific 
subsidy is not subjected to the framework of competition legislation in Viet Nam.  
 
Paragraph 2.169, page 37  
The Report states that "Since the EVFTA Agreement took effect (from 1 August 2020) to 31 October 
2020, authorized organizations have issued nearly 36,700 C/Os under the form of EUR.1 with a 
turnover of USD 1.43 billion to 28 EU countries. (…) Import markets are EU's countries with ports 
and distribution and transit centers such as Belgium, Germany, the Netherlands, France and the 
United Kingdom."  
 
EU Question N°39 : 
The report mentions United Kingdom as n EU country, which is no l onger the case (even if during 
part of the period covered by the TPR it still was, followed by a transition period after the UK's 
withdrawal on 1/2/2020). Could Viet Nam confirm that it does not treat the United Kingdom anymore 
as an EU Member State for th e purposes of the EVFTA?  
 
Answer:  
As the Report covers Viet Nam's trade policies in the 2014 - 2020 period and the United Kingdom 
was bound by the EVFTA during that time (according to Article 129 of the Brexit Agreement), the 
statistic recorded foreign tra de turnover between Viet Nam and the United Kingdom as part of the 
EVFTA framework.  
Viet Nam confirms that this treatment ceased as of 1 January 2021.  
  WT/TPR/M/410/Add.1  
 
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 13  HONG KONG, CHINA  
Trade Policies and Practices by Measure  
 
State Trading Enterprises  
(WT/TPR/S/410: Page 95, para 3.194)  
(WT/TPR/G/410: Page 19, para 2.52)  
 
Between 2016 and 2020, Viet Nam equitized a number of state -owned enterprises (SOEs). 
Furthermore, the Ministry of Planning and Investment will submit to the Prime Minister for approva l 
the plan and roadmap for SOE equitization for the 2021 -25 period.  
 
Question : 
1.  Could Viet Nam provide more information on its plan and roadmap for further SOE equitization? 
Does Viet Nam have the plan to complete equitization of all SOEs by 2025?  
 
Trade Policies by Sector  
 
Fisheries  
(WT/TPR/S/410: Page 115, para 4.26; Page 117, para 4.30)  
 
Fisheries remain an important part of Viet Nam's economy. In 2018, the fishery catch amounted to 
3,590 tonnes, an increase of 6% compared with 2017. The fisheries policy is included in the Master 
Plan on Fisheries Development through 2020, Vision to 2030, which sets objectives for turning 
fisheries into a highly competitive, large community production sector. For 2030, its targets include 
a seafood export value of USD 20 billion, with an annual average growth rate of 6% -7% between 
2020 and 2030.  
 
Question : 
2. Given the importance  of the fisheries sector to its economy, what are Viet Nam 's objectives 
and overall ambition in the on -going fisheries subsidies n egotiations?  
 
Banking  
(WT/TPR/S/410: Pages 137 and 138, para 4.126)  
 
The State reduced its participation in the state -owned commercial banks (SOCBs) with a view to 
improving their efficiency and minimising the related risks for public finance. Three SOCBs are listed 
on the Ho Chi Minh Stock Exchange (HOSE). For Agribank, the only strictly SOCB, preparation of the 
roadmap for its equitization has been initiated since 2019. Foreign investors in equitized banks must 
comply with Decree No. 01/2014/ND -CP on caps for foreign capital participation in credit institutions.  
 
Question : 
3. For the three SOCBs currently listed on the HOSE, how many shares of these SOCBs are held 
by domestic and foreign investors respectively? Apart from the cap on foreign capital 
participation, are there any differences between domestic and foreign investors in acquiring the 
shares of the SOCBs?  
 
Telecommunications  
(WT/TPR/S/410:  Page 145, para 4.153)  
 
The market is dominated by three state -owned operators. Jointly, they control more than 95% of 
the market in three of the telecoms subsectors (fixed telephone, mobile telephone, and mobile 
broadband).  
 
Question : 
4. With the heavy domination of state -owned enterprises in Viet Nam's telecoms market, is there  
any plan to encour age more private sector investment from foreign investors in the market ? 
 WT/TPR/M/410/Add.1  
 
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 Maritime Transport  
(WT/TPR/S/410:  Page 149, p aras 4.170 -4.171)  
 
Ports in Viet Nam experienced a rapid development up to 2013; trade value passing through seaports 
have stagnated since then. Vietnamese ports operated at or near their capacity in 2019. Ports in 
Viet Nam are owned and directly operated under different schemes, such as state -owned enterprises, 
domestic companies, and joint ventures. Foreign capital contribut ion must not exceed 50% as per 
Viet Nam's commitment at WTO on container handling services.  
 
Question : 
5. Is there any plan for the liberalisation of foreign capital contribution or other measures to attract 
foreign investment for the development of ports in Viet Nam to expand their capacity and meet 
the increasing demand for trade by sea?  
 
Answer:  
Currently, Viet Nam has no plan to further liberalize the proportion of foreign capital contribution in 
seaport development investment enterprises. The mobilizat ion of capital for seaport development in 
accordance with the market demand will be studied and included in the master plan on development 
of Viet Nam's seaport network.  
 
Distribution Services  
(WT/TPR/S/410:  Page 156, p ara 4.200)  
 
For foreign investors in distribution services, the establishment of a retail outlet beyond the first one 
is subject to an economic needs test (ENT). Each province sets up its own Economic Needs Testing 
Council, which evaluates the need for the new retail outlet. Ther e is no nationwide implementation 
of the ENT criteria, as every region's needs differ due to uneven economic conditions.  
 
Question : 
6.  Would Viet Nam consider harmonising the different ENT criteria across provinces into a unified 
nationwide standard to im prove transparency and legal certainty for retail outlet operators? Is 
there any plan to liberalise the ENT requirements for foreign investment in the establishment 
of retail outlets?  
 
Answer:  
Viet Nam's commitment on ENT criteria was officially approved b y all WTO Members. This is 
legitimate requirement of Viet Nam to protect the domestic household retailers as well as the 
sustainable development of the domestic market. This criterion was legalized firstly in Decree 
No. 23/2007/NĐ -CP dated 12 February 2007  and then amended to be more specific, unified and 
transparency in Decree No. 09/2018/NĐ -CP. In Viet Nam  legal practice, all legal docs are nationwide 
mandatory. So, from Decree No. 23/2007/NĐ -CP to Decree No. 09/2018/NĐ -CP, ENT criteria had 
always been a nationwide unified regulation. Although the economics need test of each province 
differs, a nature that impossible to be changed, they have to match with the common criteria 
regulated in Article 23 and the provincial ENT Test Council has to process each ca se under the 
common procedure regulated in Articles 24 and 29 of the Decree No. 209/2018/NĐ -CP. In other 
words, which criteria is ENT, how ENT is tested, ENT is tested by whom and how to set up ENT 
council are all common rules in nationwide standard.  
 
  WT/TPR/M/410/Add.1  
 
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 14  ICELAND  
Question : 
What is the participation of women in the economy of Viet Nam?  
 
Answer : 
In Viet Nam, women plays an important part in the economy. According to the results of the 2019 
Viet Nam Census, the Vietnamese labor force is 52.7% male and 47.3% female, which has a 
balanced structure. The proportion of women in the labor force does not differ significantly between 
urban and rural areas. The proportion of businesses owned by women has te nded to increase from 
2009 to present. Women run more than a quarter of small and medium enterprises, creating jobs 
for more than 1 million workers. Women -owned SMEs employ more female workers than men -owned 
enterprises (43.4% versus 36%). According to sta tistics from the Department of Business 
Registration, Ministry of Planning and Investment, as of October 2019, there were 285,689 women -
owned businesses nationwide, accounting for 24% of the total number of businesses nationwide. 
Among women -owned enterpri ses, disaggregated by main production and business sectors, the 
number of enterprises is 75% (highest) in the field of commerce and services, 12% in the field of 
construction, 7% in industry, and 7% in agriculture/forestry/fishery.  
 
Question : 
Have specific  barriers that limit women 's participation in trade been identified?  
 
Answer : 
There has been no particular barriers identified by the Vietnamese government, which hinders 
women from trade participation. Other barriers in Viet Nam, for example needs for imp rovement of 
information access and capacity building, apply for both men and women participating in trade.  
 
Question : 
Has Viet Nam implemented any specific measures to encourage women 's participation in trade and 
promote women 's entrepreneurship, or are su ch measures being developed?  
 
Answer : 
Increasing participation of the women in the economy is present in many legal documents, national 
plans, and policies of Viet  Nam. Examples of Viet Nam 's measures to promote gender equality in the 
economy include: tax and financial incentives according to the law for enterprises employing many 
female workers; credit, agricultural, forestry and fishery promotion support according to the 
provisions of law to female workers in rural areas; priority in supporting SMEs given  to SMEs which 
are owned by women or employ more women; support for women to start a business and business 
development implemented in provinces and cities within the framework of the 2016 – 2020 Target 
Program to develop the social assistance system and pr ojects  on vocational training and business 
administration skills for women setting up a SME; preferential credit policies for women through the 
Viet Nam Women's Union system; etc.  
 
Question : 
Are the effects of trade policy on women and men measured and mon itored, and if so how?  
 
Answer : 
Currently the Vietnamese government has yet to have any index that monitors and measures the 
effect of trade policy on women and men.  
  WT/TPR/M/410/Add.1  
 
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 15  INDONESIA  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
SUMMARY  
Page 8 Para 1  
"Preliminary data showed that GDP growth in 2020 slowed down to 2.5%, reflecting the impact of 
the COVID -19 pandemic."  
 
Question : 
1. Could Viet Nam clarify which number is correct on the GDP growth in 2020, because as stated 
in Government Report (page 8) tha t "Regarding GDP growth: In 2020, Viet Nam's GDP 
increases by 2.91%."  
 
Answer : 
According to estimates of the General Statistics Office, Viet Nam 's economic growth in 2020 will 
reach 2.91%, of which growth in the four quarters is 3.68% respectively; 0.39%; 2.69%; 4.48%), 
higher than the 2.5% increase under the growth scenario. In the growth rate of 2.91% in 2020, the 
industry and construction sector achieved the highest growth rate of 3.98%, contributing 1.62 
percentage points to the general growth; the agri culture, forestry and fishery sector increased by 
2.68%, contributed 0.41 percentage points to the growth; the service sector increased by 2.34%, 
contributing 1.02 percentage points to the growth.  
The growth rate of gross output in 2020 is contributed by t he sustained growth of a number of 
industries such as agriculture; construction industry; finance, banking and insurance; especially the 
recovery of processing and manufacturing industries; car, motorbike and motorcycle wholesale and 
retail industry. In ad dition, the export and import of goods and services in the fourth quarter had 
breakthrough results compared to the previous three difficult quarters, which is one of the factors 
and motivations for the economy to achieve a high growth rate. than estimated under the growth 
scenario.  
 
2 TRADE AND INVESTMENT REGIMES  
2.4 Investment Regime  
Page 44 Para 2.80  
 
"The OECD Investment Policy Review of Viet Nam 2018 points out that statutory delays for 
registration and approval procedures were rarely met in the past, although national authorities noted 
that this was mostly related to the investment approval process. The authorities indicate that the 
implementation of online licensing should improve these procedures, although some localities might 
continue to face  challenges in implementing the highest level of digitalization outlined in this 
initiative. The National Investment Information System for Private Sector, which is to be launched 
in 2021, is expected to provide enhanced information and services on investm ent procedures to 
foreign investors. According to the World Bank Doing Business 2020 Report, the major obstacle to 
opening a business in Viet Nam is the delay in obtaining pre -printed VAT invoices at the municipal 
level."  
 
Question : 
2. Could Viet Nam elaborate more on "The National Investment Information System for Private 
Sector" which will be launched in 2021?  
3. What is its concept and what are expectations of Viet Nam for its function in supporting Private 
Sector?  
 
3 TRADE POLICIES AND  PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1 Customs procedures, valuation, and requirements  
3.1.1.1 Customs procedures  
Page 49 Para 3.8  
3.8. Legislation continues to distinguish between import trading rights and the right to dis tribute 
imported goods within Viet Nam. Full import trading rights have been granted to foreigners since 
1 January 2009. A foreign -invested company needs to have a certificate of investment registration 
as prescribed under the Law on Investment (Law No. 67/2014/QH13, issued on 26 November 2014, 
and entered into force on 1 July 2015) to engage in imports or expo rts (Section 2.4).3 Under Decree 
No. 09/2018/ND -CP (providing guidance on the Law on Commerce and the Law on Foreign Trade WT/TPR/M/410/Add.1  
 
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 Management), issued on 15 January 2018, wholesale distribution of imported goods within Viet Nam 
is allowed without a business licenc e, which is required for a foreign -invested enterprise to engage 
in retail distribution. Articles 3 and 23 of the Decree specify general criteria of an economic needs 
test for projects establishing FDI retail outlets. Foreign -invested enterprises are allow ed to distribute 
lubricants (including petroleum -based lubricants) domestically if the enterprises meet the conditions 
specified in the Decree.4 Under Decree No. 116/2017/ND -CP (on Business Requirements for 
Manufacturing, Assembly and Imports of Automobile s, Automobile Warranty and Maintenance 
Services, issued on 17 October 2017), importers of automobiles must hold a written certificate or 
document indicating that they are authorized to represent foreign automobile producers so they can 
recall any defective  automobiles exported to Viet Nam, if necessary.  
 
Question : 
4. How does the implementation of Decree No. 116/2017/ND -CP affect the import of automobiles 
in Viet Nam? What are the strategies taken to prevent the Decree from making unnecessary 
trade barrier for  foreign producers?  
 
Answer:  
Decree No. 116/2017/ND -CP was issued in 2017 which contains regulations on vehicle Type Approval 
(VTA) certificates and testing regulations for each shipment. import. After receiving comments from 
foreign partners, including Eu ropean, American and ASEAN partners, the Government of Viet  Nam 
issued Decree No. 17/2020/ND -CP dated 5 February 2020. Decree No.  116/2017/ND -CP which 
removes the requirement for VTA Certificate and regulations on testing for each imported 
consignment. Cur rently, the import of vehicles and components is done very smoothly and basically 
without any problems from importers.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.2 Rules of origin  
Page 52 Para 3.31  
 "The MOIT is the competent authority for issuing certificates of origin. It also authorizes the 
management boards of industrial zones (including export processing zones) to issue certificates of 
origin, and the Chamber of Commerce and Industry of Viet Nam  to issue preferential certificates of 
origin under the GSP of foreign countries that grant non -preferential certificates of origin for Viet 
Nam."  
 
Question : 
5. Can Viet Nam clarify which certificates of origin are issued directly by MOIT, which certificates 
of origin are issued by the management boards of industrial zones, and which certificates of 
origin are issued by the Chamber of Commerce and Industry of Viet Nam?  
 
Answer:  
- MOIT and the Management Boards of industries and economic zones issue preferential 
C/Os in FTAs. MOIT issues C/O form A according to the EU GSP scheme for footwear 
products.  
- MOIT authorizes the Viet Nam Chamber of Commerce and Industry (VCCI) to issue a 
non-preferential C/O form B, C/O form A under the GSP scheme (except foo twear 
products to the EU) and non -preferential C/O according to the regulations of the 
importing country.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.5 Import prohibitions, restrictions, and licensing  
Page 65 Par a 3.59  
"Goods subject to import restrictions, which entail various import licensing requirements, are shown 
in Table A3.4. The licensing requirement is also employed to administer importation of goods subject 
to tariff quotas. "  
 
Questions : 
6. From Table A3.4  Goods Subject to import restriction, 2020 we noted that, cigarettes rolling 
paper is one of goods that subject to import restriction in Viet Nam. We also noted that 
cigarettes paper trading in Viet Nam is regulated under the Decree No. 67/2013/ND -CP dated  WT/TPR/M/410/Add.1  
 
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 26 July 2013, that regulating several articles on the law on prevention of the harmful effects of 
the tobacco business. Since Viet Nam does not applied Tariff Rate Quota (TRQ) for cigarette 
paper under ASEAN Trade in Goods Agreement (ATIGA), please kindly  elaborate in detail the 
regulation related to import of cigarette paper.  
 
Answer:  
The management of import of tobacco materials and cigarette papers complies with Article 36, 
Decree No. 67/2013 / ND -CP dated July 26, 2013 of the Government detailing a number of articles 
and measures to implement the law on tobacco harm prevention and control regarding tobacco 
trading. Specifically:  
"Enterprises that import tobacco ingredients, cigarette paper to sell at home, to serve export 
processing or ma nufacture must satisfy the requirements below:  
a) The License to manufacture tobacco or License to process tobacco ingredients is obtained;  
b) The tobacco ingredients and cigarette paper imported must be suitable for the production of the 
enterprise (for p roduction serving domestic sale);  
c) Contracts to manufacture or processing tobacco or tobacco ingredients for export are signed 
(production or processing for export)  
d) The import is approved by the Ministry of Industry and Trade."  
Thus, in the case of do mestic production and consumption, the quantity of cigarette papers 
requested to the Ministry of Industry and Trade for import must be consistent with the enterprise's 
production output. In case enterprises import cigarette papers for export production con tracts or 
export processing, the quantity of cigarette papers requested to the Ministry of Industry and Trade 
for the import permit must also be compatible with the processed output or production output export 
to foreign partners.  
 
7. Under the Decree No. 67/ 2013/ND -CP, Indonesia also noted that the Government control 
domestic sale of tobacco and determine permissible quantity of imported and exported of 
tobacco, including tobacco ingredients and cigarette paper. Please elaborate in detail on how 
the Governmen t determine the quantity and the calculation basis.  
 
Answer:  
The output of tobacco to be produced and imported for domestic consumption is specified in the 
License to manufacture tobacco products of each enterprise. Accordingly, the total output produced 
and imported for domestic consumption of the enterprise must not exceed the quantity specified in 
the License.  
 
Tobacco trading is a conditional investment/business line. Cigarette paper is regulated under Article 
22 of the Law on Tobacco Harm Prevention an d Control. Tobacco manufacturing enterprises operate 
under the provisions of the Law on management and use of state capital to invest in production and 
business at enterprises and the Law on Tobacco Harm Prevention and Control. The domestic tobacco 
product ion and trading are managed by competent agencies through the annual production and 
business plans of enterprises (in accordance with Article 42 of the Law on management and use of 
state capital investment in production and business in the enterprise); inc luding plans to use 
domestic and imported materials.  
 
Therefore, the consumption of cigarette paper and tobacco materials is balanced according to the 
needs of enterprises from purchasing domestic and imported materials through the annual 
production and bu siness plan.  
 
The calculation, development and balance of tobacco materials is based on norms according to 
Decision No. 59/2002/QD -BCN dated 31 December 2002 of the Ministry of Industry (now the Ministry 
of Industry and Trade) and Circular No. 57/2018/TT -BCT dated 26 December 2018 of the Ministry 
of Industry and Trade, according to which the norms of tobacco materials and cigarette papers to 
produce 1 million cigarette packs (20 cigarettes) are as follows:  
- 1 million cigarette packs are equivalent to 20 tonn es of raw leaf material  
- 1 million cigarette packs are equivalent to 15 tonnes of reconstituted tobacco  
- 1 million cigarette packs are equivalent to 1 tonne of cigarette rolling paper  
The management of tobacco rolling paper includes management of import and domestic purchase 
(through annual production and business plans of tobacco manufacturing enterprises) in order to 
control tobacco production output as prescribed in the Law on Tobacc o Harm Prevention and Control WT/TPR/M/410/Add.1  
 
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 regarding tobacco supply control, in accordance with the World Health Organization Framework 
Convention on Tobacco Control.  
 
8. Please describe in detail the implementation of the Decree in order to prevent harmful effects 
of the  tobacco business, since the export value of Viet Nam cigars, cigarette paper, 
unmanufactured and manufactured tobacco, etc. still quite high, recorded at tens to hundreds 
million USD (data based on Trademap).  
Answer:  
The use of tobacco ranks number one of  the 10 risk factors that threaten the health of people in 
developing countries. The use of tobacco use causes 25 different types of diseases, such as lung 
cancer, laryngeal cancer, oral cavity cancer, bladder cancer, cardiovascular diseases, male 
impotenc e ... Viet Nam is one of 15 countries with the highest number of smokers in the world. 
Among ASEAN countries, Viet Nam is the third country with the highest number of smokers, after 
Indonesia and the Philippines.  
 
On 11 November 2004, the President of the Socialist Republic of Viet Nam  ratified the Framework 
Convention on Tobacco Control (Framework Convention), effective on 17 March 2005. For a 
comprehensive and effective implementation of the Framework, on 21 August 2009, the Prime 
Minister issued Decision  No. 1315/QD -TTg approving the Implementation Plan of the Framework 
Convention on Tobacco Control.  
In order to continue to implement the provisions of the Framework, the Law on Tobacco Harm 
Prevention and Control was ratified by the National Assembly on Ju ne 18, 2012. The Law 
comprehensively stipulates the rights and responsibilities of organizations and individuals in the 
prevention of tobacco harms, prohibited acts, measures to reduce tobacco supply and demand, and 
ensure conditions to prevent and combat tobacco harms. These provisions fully or partially comply 
with the commitments of the Framework. This is the most important, highest and comprehensive 
legal document, demonstrating Viet Nam's strong political commitment and investment in tobacco 
harm preve ntion and control and people's health care.  
 
The Ministry of Industry and Trade, with its assigned function of controlling tobacco supply, has 
actively implemented legal documents detailing the implementation of the Law on Tobacco Harm 
Prevention and Contr ol. After 5 years of implementing the Government's Decree No. 67/2013/ND -
CP dated June 27, 2013 detailing a number of articles and measures to implement the Law on 
Tobacco Harm Prevention and Control regarding tobacco business (hereinafter referred to as D ecree 
No. 67/2013/ND -CP), up to now, tobacco production and trading in the whole country has basically 
been organized in a stable manner, in accordance with requirements and goals set out in state 
management. Enterprises producing tobacco materials and pro ducts have complied with the 
provisions of their production permits, printed products with photo warnings. The tobacco product 
trading network including tobacco product distributors, wholesalers and retailers has been 
increasingly completed and put into ef fective operation, ensuring the improvement of State 
management's efficiency of tobacco products, the quality of tobacco products has been gradually 
improved. Ministry of Industry and Trade has seriously and effectively implemented measures to 
control the supply of cigarettes to the market in accordance with the State's direction of gradually 
reducing demand, reducing supply and towards no longer smoking.  
 
3.3 Measures Affecting Production and Trade  
3.3.1 Incentives  
Page 76 Para 3.116  
The Government provid es different forms of incentives, including investment incentives mainly 
through tax reductions, sectoral and support programmes by the VDB including interest subsidies, 
and support measures to SMEs, the fisheries sector, and high -tech sectors.  
 
Question : 
9. Indonesia would like to learn further from Viet Nam on how to develop its support measures to 
SMEs that are consistent with WTO regulations, and that make sure they can weather COVID -
19 pandemic downturn to not only survive but also to thrive.  WT/TPR/M/410/Add.1  
 
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 3 TRADE POL ICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements  
Page 81 Para. 3.135  
"Viet Nam has around 12,888 TCVNs in effect, of which 60% were harmonized with international, 
regional, or fore ign standards (up from 40% in 2013). This result is in line with the objectives set 
by Prime Minister's Decision No. 712/QD -TTg approving the National Programme on Products and 
Goods Productivity and Quality".  
 
Questions : 
10. Please provide more information o n Viet Nam future plan (in the new period 2021 -20262) 
regarding 40% which not yet harmonize or align with international, regional, or foreign 
standards?  
11. If there is a product which is not in harmony with Vietnamese standard, is it allowed to be 
imported i nto Viet Nam market?  
 
Answer  (To Q10):  
- According to Decision No. 1322/QD -TTg dated 31 August 2020 approving the national program to 
support enterprises to improve productivity and quality of products and goods in the period of 2021 
– 2030, Viet Nam will focus on specific objectives as follows:  
a) Period 2021 - 2025:  
- The rate of harmonization of the national standards system with international and regional 
standards will be around 65%.  
b) Period 2026 - 2030:  
- The rate of harmonization of the nation al standards system with international and regional 
standards will be around 70 - 75%.  
 
Answer  (To Q11):  
A product that is not harmonized with TCVN can still be imported into Viet Nam  if it meets the 
provisions of technical regulations (QCVN) and regulatio ns of the regulatory agencies.  
 
3.3.2 Standards and other technical requirements  
Page 83 Para 3.144  
Decree No. 43/2017/ND -CP (on Labelling of Goods) of 14 April 2017 prescribes the contents and 
ways of recording goods produced in or imported to Viet Nam. Labels must include: the name of the 
product; the name and address of the producer or importer responsible for the good; its origin; and 
other contents according to the nature of the product. For food products, labels must show 
ingredients in order of  importance, include production and expiry dates, and warning information (if 
any). For alcoholic beverages, the label must also include shelf life, preservation instructions (for 
wines), and batch identification (if any). Auxiliary labels are allowed on i mported goods to show 
compulsory contents in Vietnamese, while keeping the original labels. Domestically produced goods 
that cannot be exported and are sold in the local market must include an auxiliary label with the 
denomination "Made in Viet Nam" (in bo ld). Decree No. 21/2011/ND -CP requires energy labels to 
be affixed to equipment and vehicles pursuant to the Law on Energy Conservation. MARD and MOST 
Joint Circular No. 45/2015/TTLT -BNNPTNT -BKHCN, issued on 23 November 2015, provides further 
details on la belling requirements applied to foods containing at least 5% of genetically modified 
ingredients.  
 
Question : 
12. How the Government of Viet Nam ensures that the 'Made in Viet Nam' regulation will not unfairly 
impact on the market access of foreign producers?  
 
 
2 Current Prime Minister's Decision No. 712/QD -TTg approving the National Programme on Products and 
Goods Productivity and Quality only valid until 2020  WT/TPR/M/410/Add.1  
 
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 3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.7 Intellectual property rights  
3.3.7.6 Enforcement  
Page 107 Para 3.246  
"According to the authorities, criminal and administrative measures are prescribed to address  
counterfeiting and piracy. IPR enforcement is primarily practiced through the imposition of 
administrative penalties. Civil and criminal remedies are rarely or ineffectively used"  
 
Questions : 
13. As stated, "IPR enforcement is primarily practiced through the imposition of administrative 
penalties. Civil and criminal remedies are rarely or ineffectively used", what were Viet Nam's 
actions to cope with it?  
 
Answer:  
Administrative measures have brought into a certain effect in handling IPR infringements in Viet 
Nam. However, Viet Nam is well aware of the need to strengthen the role of courts in enforcement 
of IP rights, especially in promoting civil measures. Viet Nam is making efforts to gradually shift 
from administrative measures to civil  measures in dealing with infringements of IP rights.  
- The National IP Strategy issued by the Prime Minister in 2019 sets out the task: 
"Strengthening the coordination between state administrative agencies and with judicial 
agencies in protecting intellectual property rights; coordinating in research on strengthening 
the role of courts in handling intellectual property cases";  
- The draft version of the Law amending and supplementing the IP Law proposed to amend a 
number of articles related to the IP  enforcement to limit the scope of application of 
administrative sanctions: only apply to copyright rights, related rights, trademarks, 
industrial designs, geographical indications and plant varieties rights (instead of applying to 
any IP objects). Acts of  manufa cturing and trading counterfeit goods are still administratively 
sanctioned. Other actions will be handled by civil remedies in court.  
14. What Viet Nam plans to improve in the future to effectively stop, punish and deter IPR 
infringement?  
 
Answer:  
Viet Nam is implementing many measures to improve the efficiency of IP rights enforcement, for 
example:  
- Amend the law to limit the scope of application of administrative measures to promote the 
application of civil remedies in court; amend the provisions on b order measures; supplement 
provisions on the copyrights and related rights infringement on digital and internet 
environments etc;  
- Promote the coordination between IPR enforcement agencies in order to promptly detect, 
investigate and strictly handle IPR inf ringements, especially trademark counterfeit 
trademark goods and pirated goods;  
- Focus on training and improve the expertise of IP rights enforcement officers;  
- Focus on IP dissemination activities to build the awareness of respect and protection of IP 
rights. 
4.1.3 Fisheries  
4.1.3.3 Policies  
Page 117 Para 4.28  
The principal pieces of legislation on fisheries are the Law on Fisheries (Law No. 18/2017/QH14), 
issued on 21 November 20179, and Decree No. 26/2019/ND -CP (detailing a number of articles and 
measures for the implementation of the Law on Fisheries), issued on 8 March 2019, which repealed 
a number of earlier decrees on fisheries.10 The provisions of the Law include: (i) planning regarding 
the protection and exploitation of aquatic resources, and the esta blishment of protected marine 
areas; (ii) the import and export of aquatic breeds; (iii) the breeding, raising, artificial propagation, 
import, and export of aquatic species prescribed in the appendices to the CITES; (iv) the 
management of fishing vessels and their capture; and (v) the combat of illegal, unreported, and 
unregulated (IUU) fishing. The Law introduced policies to: promote the investment by enterprises in 
the infrastructure of aquaculture and fish seed production; support fishermen and offshore  fishing 
activities; and encourage investment in the construction, trading, and management of aquatic 
product markets. The Law introduced sanctions against IUU fishing. It also established a system for WT/TPR/M/410/Add.1  
 
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 the Government to grant management rights to community  organizations regarding the protection 
of aquatic resources. Under the Law, foreign commercial fishing vessels may only enter the fishing 
port specified in the commercial fishing license or the fishing ports approved by the MARD.11 
According to the author ities, compared with the previous regime under the 2003 Law on Fisheries, 
the new Law, inter alia: (i) covers fishing activities undertaken by Vietnamese enterprises and 
individuals outside Viet Nam's maritime boundary; (ii) establishes quotas for fishing licenses; 
(iii) requires fishing boats to be at least 15 meters long to be granted license to operate in the 
offshore area; and (iv) details IUU fishing activities and stipulates strict punishments compared with 
administrative penalties for violations in o ther fields. Decree No. 26/2019/ND -CP, issued on 8 March 
2019 (on guidelines for implementation of the Law on Fisheries), details certain clauses of the Law 
on Fisheries, and measures to implement the Law.  
 
Question : 
15. Please advise us the progress of the ef forts taken in accordance with the Law on Fisheries, 
particularly by central agencies and local authorities to combat IUU Fishing. What are the 
challenges in communicating the IUU violations with the neighboring countries? In your 
perspective, what are the  plans to improve the efforts to eradicate IUU Fishing in the region – 
South China Sea?  
 
4 TRADE POLICIES BY SECTOR  
4.3 Manufacturing  
4.3.3 Other manufacturing activities  
Page 134 Para 4.111  
"Prime Minister's Decision No. 68/QD -TTg, issued on 10 January 2014, approved the National 
Strategy for the Development of the Pharmaceutical Industry to 2020, Vision to 2030. It aims to: 
(i) improve the availability and supply of medicines…"  
 
Question : 
16. Related to the Viet Nam's Vision 2030 to improve the availability and supply of medicines, the 
issuance of Circular of the Ministry of Health No. 32/2018/TT -BYT on Marketing Authorization 
of Drugs and Medicinal Ingredients, and its revision Circular No. 29/ 2020/TTBYT seem to have 
stringent requirements to obtain marketing authorization.  
a. Could Viet Nam explain in detail the reason or background for requesting additional import 
documents namely legal papers and Certificate of Pharmaceutical Products (CPP)?  
b. On the other hand, Circular 29 also amends provision regarding drug procurement that 
requires companies to have EU -GMP or PIC/s certification and registered as a member of 
ICH. These provisions might be somewhat cumbersome, especially for low value 
procureme nt. As such, Indonesia seeks clarification regarding the necessity of these 
requirements.  
c. Can Viet Nam guarantee that there is no unnecessary trade barrier and discrimination 
caused by this regulation in the future?  
 
Page 135 Para 4.116  
"Viet Nam notified a number of ongoing anti -dumping investigations to the WTO Committee on Anti -
Dumping Practices (Section 3.1.6). Definitive measures are currently applied on cold -rolled stainless 
steel (from China, Indonesia, Malaysia, and Chinese Taipei ), galvanized coating steel (from China 
and the Republic of Korea), H -beam (from China), flat -rolled iron or non -alloy steel (from China and 
the Republic of Korea), and aluminum bars, rods, and profiles (from China)".  
 
Question : 
17. As also mentioned on Page 173 table A.35 that Anti -Dumping measures have been applied on 
cold-rolled stainless steel (from China, Indonesia, Malaysia, and Chinese Taipei -AD01) since 
2013. In 2019, Viet Nam d ecided to extend the validity of this anti -dumping duties for an 
additional  five years, starting from 26 October 2019. Can Viet Nam specify the main reason for 
this Anti -Dumping duty extension?  
 
Answer:  
The extension of the application of anti -dumping duty on cold -rolled stainless steel was based of the 
following findings:  
(i) The possibility of imported products being dumped if the anti -dumping measure is terminated;  WT/TPR/M/410/Add.1  
 
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 (ii) The possibility that a domestic  industry suffers material injury or threat of material injury if the 
anti-dumping measure is terminated; (iii) The causal relationship between the possibility of dumping 
and the injury that the domestic industry may suffer.  
 
4 TRADE POLICIES BY SECTOR  
4.4 Services  
4.4.7 Distribution services  
Page 156 Para 4.200  
"The establishment of a retail outlet beyond the first one is subject to an economic needs test (ENT) 
as specified in Decree No. 09/2018/ND -CP, detailing regulations on the Law on Commerce, and the 
Law on Foreign Trade Management, regarding sale of goods a nd other related activities by foreign 
investors and foreign -invested businesses. Each province sets up its own Economic Needs Testing 
Council, which evaluates the need for the new retail outlet based on the number of existing retail 
outlets, the market st ability, the population density, the size of the district, and other elements 
related to district planning. This procedure implies that there is no nationwide implementation of the 
ENT criteria, as every region's needs differ due to uneven economic conditi ons".  
 
Questions : 
18. Could Viet Nam elaborate on ENT process?  
19. How long does ENT take then foreign investors and foreign -invested businesses could start their 
activities?  
 
Answer:  
Viet Nam's commitment on ENT criteria was officially approved by all WTO'S memb er. This is 
legitimate reguirement of Viet Nam to protect the domestic household retailers as well as the 
sustainable development of the domestic market. These criteria  were legalized firstly in Decree No . 
23/2007/NĐ -CP dated 12/2/2007 and then amended to be more specific, unified and transparency 
in Decree No . 09/2018/NĐ -CP. In Viet  Nam legal practice, all legal docs are nationwide mandatory. 
So, from Decree No . 23/2007/NĐ -CP to Decree No . 09/2018/NĐ -CP, ENT criteria  had always been 
a nationwide unified re gulation. Although the economics need test of each province differs, a nature 
that impossible to be changed, they have to match with the common criteria regulated in Arti cle 23 
and the provincial ENT Test Council has to process each case under the common procedure regulated 
in Articles 24 and 29 of the Decree No . 209/2018/NĐ -CP. In other words, which criteria is ENT, how 
ENT is tested, ENT is tested by whom and how to set up ENT council are all common rules in 
nationwide standard.  
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
 
2 VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
2.2.3 Trade policies since 2013  
2.2.3.3 Recent trade -related policies  
2.2.3.3.2 Customs modernization  
Page 39 Para 2.186  
"Regarding customs operations, customs administration has shifted from physical to digital; modern 
customs management techniques following the standards of World Customs Organization (WCO) 
have be en gradually applied and developed in -depth such as implementing synchronous solutions 
to reduce clearance time, implementing the priority enterprises policy, improving the efficiency of 
specialized inspection, implementing the national and ASEAN single wi ndow, and promoting 
automatic customs supervision at seaports, airports, etc. Customs risk management has been 
completed and enhanced, becoming the fundamental of modern customs management. Post -
clearance inspection has been deployed professionally; post -clearance inspection is implemented 
according to the international practice as Post Clearance Audit (PCA)".  
 
Question : 
20. What steps are being undertaken by Viet Nam Customs to improve the efficiency of specialized 
inspection?  
21. During the implementation of the National and ASEAN single window, is there any obstacle 
faced by Viet Nam Customs?  
22. Based on the report, Viet Nam stated " …. the customs sector has been invested in a modern 
and synchronous information technology infrastruc ture from the central to local levels. Online 
public services have been promoted. " Currently, ASEAN have been developing the trade 
facilitation initiatives by providing tracking facility under ASEAN Single Window (ASW) which WT/TPR/M/410/Add.1  
 
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 can be accessed directly by exp orter and importer to track their e -form D. Therefore, we would 
like to seek any update from Viet Nam on its initiatives to establish tracking facility that 
integrated with the customs portal in order to expedite customs clearance.  
 
PART III: GENERAL QUES TIONS  
Construction Services  
The construction sector in Viet Nam is currently more focused on mining and energy, petroleum, as 
well as supporting infrastructure transportation for land, water and air. Ministry of Transportation of 
Viet Nam is preparing five  national transportation plans (roads, railways, port systems, airport 
systems, and inland water infrastructure) for 2021. Indeed, this is an opportunity for Indonesian 
construction service companies to participate in infrastructure development in Viet Nam  in 
accordance with the capabilities and specializations of the construction business activities. 
Furthermore, the implementation of all types of procurement in Viet Nam is carried out through an 
online application system. It should be noted that the tende rs required the fulfillment of not less 
than 25% of local content and the labor requirement of not less than 25% women and persons with 
disabilities. Foreign bidders for services and construction work tenders have to engage in partnership 
with local suppli ers by fulfilling a domestic value of not less than 25% of the tender value. In terms 
of fulfilling local content in the implementation of construction work.  
 
Questions : 
23. Could Viet Nam please provide the material standards and construction equipment that m ust 
be met, a verification mechanism for the calculation of the local content, map of the availability 
of materials and construction equipment that supports the achievement of the local content 
requirements mentioned above?  
24. When participating in an intern ational tender in Viet Nam, the foreign provider must have to 
build a partnership with a local contractor or become a sub -contractor, unless the local 
contractor does not have capacity to participate in the tender. In terms of partnership 
arrangements, esp ecially in the implementation of construction work. Could Viet Nam please 
elaborate more the criteria for permitted foreign construction service business entities and the 
procedures that must be followed?  
25. There is an opportunity for foreign construction s ervices to make partnerships with local 
business entities in Viet Nam, clarity is still needed regarding the criteria and procedures for 
recruiting foreign workers, especially in the implementation of construction work, whether they 
are bound by a work agr eement with a commercial presence or as an independent professional. 
Could Viet Nam provide please provide the criteria and procedures and competency equalization 
mechanism for foreign workers that must be passed before providing services in Viet  Nam, 
especially in the construction sector?  
26. Furthermore, Could Viet Nam please provide details, such as:  
a. estimated needs for the number and qualifications/skill classifications of Construction 
Workers (TKK) in Viet Nam's infrastructure development for the next 5 ( five) years;  
b. information on infrastructure projects in Viet Nam (investment projects and domestic fund 
projects); and  
c. Data on potential local construction service enterprises in Viet Nam for JO/JV.  
 
Answer  (To Q23) : 
Regulations on determining the localization rate to enjoy the preferential treatment only apply for 
goods bidding packages, not for construction and installation bidding packages.  
 
Answer  To Q24 &25) : 
In order to participating in an international tender in Viet Nam, the foreign provider must satisfy 
these requirements.  
 
 
Manpower Sector  
27. Considering that Indonesia is the 30th largest investor in Viet N am, is it possible to use own 
business interests' schemes in placement of skilled and professional Indonesian migrant 
workers to Viet Nam?  
28. In addition, Indonesia wishes to develop cooperation related to the placement of skilled and 
professional workers in  the field of IT, hospitality and spa with G to G or G to P scheme and 
also regard to reciprocal principles.  WT/TPR/M/410/Add.1  
 
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 Answer:  
Viet Nam welcomes the skilled and professional migrant workers from Indonesia to Viet  Nam 
according to the agreements to which Viet Nam and  Indonesia are Parties.  
  WT/TPR/M/410/Add.1  
 
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 16  ISRAEL  
Questions on Secretariat Report  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.7 Intellectual property rights  
3.3.7.3 Industrial property  
3.3.7.3.1 Patents  
 
Question 1 : 
Israel would appreciate if Viet Nam could elaborate regarding the extent of patents protection 
provided by the Vietnamese government and courts to foreign companies in Vet Nam.  
 
Answer:  
a. what are the possible avenues  a company may use in cases of patent infringements?  
The possible avenues a company may use in cases of patent infringements:  
- Request to terminate infringing acts, make public apologies or rectifications and pay 
damages;  
- Request competent state agencies to  sanction administrative violations;  
- Initiate lawsuits at courts;  
- Initiate lawsuits at arbitration centers.  
b. what are the sanctions that an infringing entity may face?  
The sanctions that an infringing entity may face including civil remedies, administrativ e remedies, 
and other additional remedies, as follows:  
Civil remedies:  
1. Compelling the termination of infringing acts;  
2. Compelling the public apology and rectification;  
3. Compelling the performance of civil obligations;  
4. Compelling the payment of damages;  
5. Compelling destruction, distribution or use for non -commercial purposes of goods, raw materials, 
materials and means used largely for the production or trading of intellectual property right -
infringing goods, provided that such destr uction, distribution or use does not affect the exploitation 
of rights by intellectual property right holders.  
Administrative remedies:  
Organizations and individuals that commit acts of infringing upon intellectual property rights shall 
be compelled to ter minate their infringing acts and imposed one of the following principal sanctions: 
Caution; Fine.  
 
Other additional remedies:  
- Suspension for a definite time of business activities in domains where infringements have 
been committed  
- Compelled transportation out of Vietnamese territory of transit goods infringing upon rights 
to patent.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.7 Intellectual property rights  
3.3.7.6 Enforcement  
Table 3.19 IPR infringement cases, 2013 -19 
 
Question 2 : 
a. Israel would appreciate if Viet Nam could provide statistics on court decisions regarding IPR 
infringements during the years 2013 -19. 
 
Answer:  
IPR infringement cases handle by the court for 2013 -19 is as follow:  
2013: 02  
2014: 11  
2015: 04  
2016: 01  
2017: 02  WT/TPR/M/410/Add.1  
 
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 2018: 01  
2019: 01  
 
b. According to table 3.19, there seem to be a substantial decrease in number of IPR 
infringement cases handled by the Inspector of Science and Technology, from 142 in 2013 
to 18 in 2018, how can Viet Nam explain this change?  
Answer:  
The number of IP infringement cases handled by the Inspector of the Ministry of Science and 
Technology in 2018 is 56 cases (not 18 cases as shown in Table 3.19). According to Articles 22 and 
24 of Decree No. 99/2013/ND -CP dated 29 August 2013, the Inspector of the Ministry of Science 
and Technology handles IP violations based on the request from the right holders. In fact, the 
number of requests for handling IP violations received by the Inspector of the M inistry of Science 
and Technology significantly decreased in 2018 compared to 2013.  
The above change is consistent with the reality in a 5 -year period from 2013 to 2018, as the 
awareness of IP of Vietnamese consumers has been improved. Effectiveness and ef ficiency in state 
management and enforcement of IP have been strengthened. Therefore, organizations and 
individuals having business in Viet Nam are more aware of IP protection.  
 
4 TRADE POLICIES BY SECTOR  
4.4 Services  
 
Question 3 : 
Israel would appreciate if Viet Nam could elaborate on the current status of the Law on Cybersecurity 
and its effect  on trade in services (specifically on IT services).  
 
Answer : 
The Law on Cyber Security entered into force from 1 January 2019, whereby all the terms and 
clauses in this Law are enforced from the effective date mentioned above; except articles and clauses 
that require written guidance for implementation (mainly provisions in Chapter II of the Law relating 
to important information systems on na tional security). Currently, the Government of Viet Nam is 
in the process of drafting a Decree detailing a number of articles of the Law on Cyber Security 
(expected in 2021).  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6 Government procurement  
3.3.6.1 Overview of legal and institutional framework  
3.205.  
"Viet Nam has been an observer in the WTO Committee on Government Procurement since 
December 2012. As it is not a signatory of the WTO Agreement on Government Procurement (GPA), 
it does not undertake any commitment within the WTO legal framework to open its government 
procurement market to other WTO Members. Viet Nam is a party to the CPTPP. As such, it undertakes 
market access commitments in the area  of government procurement.128 Viet Nam also signed a 
bilateral free trade agreement with the European Union, which contains a government procurement 
chapter  129 The two agreements constitute Viet Nam's first commitments to open its government 
procurement to foreign suppliers bidding directly from abroad (Section 3.3.6.4)."  
 
Question 4 : 
Since Viet Nam now has two FTAs which include market access commitments in the area of 
government procurement:  
a. Israel would appreciate if Viet Nam could elaborat e on any intention it has to accede to the 
GPA and to open its government procurement market.  
b. Can Viet Nam confirm that as a result of CPTPP and EVFTA's entry into force, its government 
procurement laws were amended to allow equal treatment to foreign supp liers in tenders?  
Answer:  
4a: 
Viet Nam is studying and considering joining the GPA.  
4b: 
Viet Nam has been issuing regulations to implement the CPTPP and EVFTA.  WT/TPR/M/410/Add.1  
 
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 4 TRADE POLICIES BY SECTOR  
4.3 Manufacturing  
4.3.3 Other manufacturing activities  
4.112.  
"Viet Nam enacted the Law on Pharmacy (Law No. 105/2016/QH13), issued on 6 April 2016 and 
entered into force on 1 January 2017. Decree No. 54/2017/ND -CP, issued on 8 May 2017, guides its 
implementation, and Decree No. 155/2018/ND -CP, issued on 12 November 2018, regulates 
investment and business conditions for enterprises operating in pharmaceuticals. Import and export 
regulations applied to medicine and medicinal materials, as well as conditions for foreign -invested 
enterprises to import and export, are des cribed in these Decrees. The new regulatory framework 
removed the requirement for new drugs in Viet Nam to undergo complete clinical trials for 
registration purposes.109 Except for vaccines, the clinical trial requirement is waived for all new 
drugs, provi ded that they have sufficient clinical data on safety and efficiency, and they are circulated 
in at least one country. If domestically produced drugs satisfy the health requirements on medical 
treatment, price, and supply, tenders must stipulate that tende rers are not allowed to provide 
imported drugs. In 2017, the National Centralised Drug Procurement Centre was established to 
coordinate the purchase of a list of centralized procurement drugs promulgated by the Ministry of 
Health. The 2016 Law on Pharmacy allows for parallel import of drugs under the condition that the 
price of the imported product is lower than the price of the original drug circulated in Viet Nam. "  
 
Question 5 : 
Israel would appreciate receiving clarification on whether the Drug Administr ation of Viet Nam (DAV) 
under the Ministry of Health (MOH) intends to maintain the validity of medicines' marketing 
authorizations (MAs) for an additional 12 months, for MAs that expire from 1 July 2020 to 31 
December 2021 in order to prevent disruption in  drug supply, which would be especially detrimental 
during the Covid -19 pandemic.  
  WT/TPR/M/410/Add.1  
 
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 17  JAPAN  
Report  by the Government  (WT/TPR/G/410)  
 
2 VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
2.2.3 Trade policies since 2013  
2.2.3.2.2. The effective Free Trade Agreements  
 
Question 1 : 
Paragraph 2.2.3.2.3.1, page 37  
Japan would like to request Viet Nam to provide details on the prospects and concerns, if any, for 
early ratification of RCEP Agreem ent. In addition, Japan would like to request Viet Nam to provide 
information on whether any amendment or establishment of domestic legislation is required for the 
implementation of the Agreement.  
 
Answer:  
We are undertaking domestic procedures for ratifyi ng the RCEP Agreement. At the same time, we 
are also transposing our TRS from HS 2012 to HS 2017 version which is expected to be completed 
in May 2021.  
For the RCEP Agreement to be implemented, we will have to promulgate some circulars to guide the 
impleme ntation of certain commitments, e.g., commitments on import tariff reductions and ROO.  
 
Report  by the Secretariat  (WT/TPR/S/410)  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Measures Directly Affecting Exports  
3.2.3 Export prohibitions, restrictions, and  licensing  
 
Question 2 : 
Paragraph 3.94, page 73  
Regarding "Export prohibition on logs, sawn timber from domestic natural forests" in the Table A3.7, 
please provide the following information:  
1) Details of products, including HS codes and tree species, tha t fall within the scope of prohibition  
 
Answer:  
Circular No. 24/2016/TT -BNNPTNT dated 30 June 2016 of the Ministry of Agriculture and Rural 
Development promulgating the list and announcing HS codes for goods banned from export are logs, 
sawn timber of all kinds of wood Domestic natural forest and export goods under license are 
firewood, charcoal ma de from wood or firewood originating from domestic natural forest wood. 
Accordingly, HS codes 4403, 4407, 4408 are banned from export.  
 
2) Background and objectives of the prohibition, including the time of introduction  
 
Answer:  
The ban on export of log and sawn timber from domestic natural forests comes from strengthening 
timber harvesting management, well protecting the existing natural forest area, and proactively 
coping with climate change. In 2014, the Government approved the Project on Strengthening  the 
Management of Logging from Natural Forest in the period 2014 - 2020. Accordingly, the Government 
stops the main logging of natural forests nationwide, except for 2 areas (belonging to Dak To 
Forestry One Member LLC, Kon Tum province and Long Dai Fores t Industry One Member LLC, Quang 
Binh province). The stop of timber exploitation of natural forests continued to be confirmed by the 
Government with Notice No. 191/TB -VPCP on 22 July 2016, including strictly closing the logging of 
natural forests.  
 
3) Rati onales for the consistency of the prohibition with the GATT Article XI "General Elimination of 
Quantitative Restrictions"  
 
Answer:  
Article XI of the GATT stipulates the principle that WTO members are not allowed to apply 
quantitative restrictions in any wa y to restrict exports or imports. chemical. However, according to 
WTO regulations, the measure to limit the quantity of import and export is completely prohibited 
except for the following cases: (i) national security, social ethics; or (ii) protect human, animal and WT/TPR/M/410/Add.1  
 
- 101 - 
 
 plant health; or (iii) protect precious natural resources, national art, historical and archaeological 
works; or (iv) environmental protection. Therefore,  this export ban is completely appropriate 
because it prohibits the export of logs and sawn  timber from natural forests for the purpose of 
protecting the environment and protecting natural resources as mentioned above by the WTO.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other tech nical requirements  
 
Question 3 : 
Paragraph 3.131, page 80  
"In accordance with the Cybersecurity Law, the Draft Decree on Personal Data Protection announced 
by the Ministry of Public Security of Viet  Nam in February stipulates the conditions for cross -border  
transfer of personal data in Article 21, Paragraph 1 as follows: (1) data subject's consent, 
(2) domestic storage of original data, (3) document proving that the recipient territory has issued 
regulations on personal data protection at a level equal to or  higher than the decree, (4) written 
approval of PDPC (Personal Data Protection Commission). It is obligatory to meet all four conditions. 
In addition, in Article 21, Paragraph 3, exceptionally, if (5) there is commitment to protect personal 
data from the data processor and (6) there is commitment to apply personal data protection 
measures from the data processor, the above (2) and (3) are exempted. However, even in such 
cases, (1) data subject's consent and (4) written approval of PDPC are required without  exception.  
 
For example, under the Personal Information Protection Law of Japan and the GDPR of EU, cross -
border transfer of personal data is possible if ""any"" of the requirements such as adequacy decisions 
or data subject's consent is fulfilled. Compar ed to such international practices on personal data 
protection, the requirement for case -by-case approval by the authority in itself, and also such 
requirement ""in addition to"" data subject's consent, is excessive and damages foreseeability.  
 
There are c ertain data that global companies need to globally manage including personal 
information, through servers overseas and cloud services. For such cases, (2) domestic storage of 
original data may impose the cost of locating additional servers in Viet Nam . Specifically, for foreign 
companies that conduct business in Viet Nam and store, analyze, or utilize the data outside Viet  
Nam, there are cybersecurity concerns and additional costs related to the storage of these data in 
Viet Nam. This can be of concern when  entering the market or considering business continuity, and 
at the same time, it may in effect put foreign businesses in commercial disadvantage compared to 
domestic operators that aggregate and manage data in Viet Nam . If foreign businesses are treated 
less favourably than domestic businesses, it may violate the obligation of national treatment under 
GATS Article 17.  
 
Furthermore, regarding (3), (4), (5), and (6), there are no specific provisions in the draft decree, 
and the standards for documen t issuance, written approval, and commitments made by data 
processors are unclear. Depending on how the decree is implemented, there is a risk that foreign 
businesses are treated unfairly, which may violate the national treatment obligation under GATS 
Article 17.  
 
Japan would like to request Viet  Nam to share views regarding the concerns above."  
 
Answer : 
Currently, Viet Nam is in the process of developing a Decree on Personal Data Protection. At the 
same time, the draft Decree has been publicly posted on the Portal of the Government and the 
Ministry of Public Security of Viet Nam to seek broad comments from agencies, organizations, 
businesses, and people.  
 
The Drafting Committee, the Ministry of Public Security will gather all comments, listen to and recei ve 
multidimensional opinions from both domestic and foreign parties, to advise the Government in 
formulating and promulgating the Decree with complete, strict, feasible content and suitable for the 
characteristics, conditions, and requirements of Viet Nam,  as well as ensuring compliance with the 
provisions of international laws and international treaties to which Viet Nam is a party.  
 
The Drafting Committee is gathering opinions and comments. After this stage, the provisions in the 
draft Decree will be cons idered for amendment, supplementation, or omission, and completion. WT/TPR/M/410/Add.1  
 
- 102 - 
 
 Viet Nam will carefully consider the comments of the parties and is willing to listen to the comments 
of Japan and other countries with the highest cooperation spirit.  
 
3 TRADE POLICIES AN D PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements  
 
Question 4 : 
Paragraph 3.133, page 81  
Could Viet Nam explain the procedures and processes for making national standards based on 
corporate s tandards?  
 
Answer:  
According to Clause 2, Article 17 of the Law on Standards and Technical Regulations stipulating the 
procedures of developing, adopting and declaring national standards on a basis of the request of 
individuals and organizations:  
a) Organizations and indivi duals compile draft standards or propose available standards to request 
the Ministry of Science and Technology to consider;  
b) The Ministry of Science and Technology assigns the national standard technical committee to 
compile a draft national standard bas ing on the standard draft proposed by the organization or 
individual; organize public gathering of comments from concerned organizations and individuals on 
the draft document; organize symposiums with the participation of related parties to comment on 
the draft. The time for gathering comments on the draft is at least sixty days; In urgent cases related 
to health, safety or environment, the consultation time may be shorter;  
c) The national standard technical committee shall study and collect comments of org anizations and 
individuals to complete the national standard draft and prepare a draft dossier for submission to the 
Ministry of Science and Technology for consideration;  
d) The Ministry of Science and Technology organizes the appraisal of the national sta ndard draft as 
prescribed in Article 18 of this Law. The time limit for appraising and publishing national standard 
are specified at Points d and đ, Clause 1 of this Article.  
In Viet Nam, the "corporate standards", in brief "TCCS", is a concept not only fo r standards made 
by enterprises but also standards developed by state agencies, non -business organizations, and 
socio-professional organizations.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements  
 
Question 5 : 
Paragraph 3.133, page 81  
When compulsory standards are applied to final products from the viewpoint of ensuring the safety 
of consumers, the application of compulsory standards to intermediate product s, which are raw 
materials, will result in double regulation and increase the cost burden on local manufacturers and 
final consumers. Japan would like to ask the Vietnamese government's thoughts on exemptions for 
intermediate goods.  
 
Answer:  
The exemption for intermediate good shall depend on what intermediate good it is. Viet Nam is 
considering the amendment and supplementation of Decree 78/2018/ND -CP in which the exemption 
for some kind of intermediate good can be allowed.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements  
 
Question 6 : 
Paragraph 3.144, page 83  
With regard to the labeling of imported products, it is stated that it is permissible to display 
supplementary lab els for contents for which labe lling in Vietnamese is mandatory. What are the 
contents that should be label led in Vietnamese?  
 
The following is the relevant part  WT/TPR/M/410/Add.1  
 
- 103 - 
 
 Auxiliary labels are allowed on imported goods to show compulsory contents in Vietnamese, whil e 
keeping the original labels.  
 
Answer:  
- Clause 1 and Clause 3 Article 7 of Decree No. 43/2017/ND -CP dated 14 April 2017 of the 
Government on goods label ling regulating the language of goods label:  
1. Mandatory contents on the label must be written in Vietnamese, except for the cases prescribed 
in Clause 4 of this Article.  
3. Goods imported into Viet  Nam of which the [original] labels have not represented or have 
insufficiently represented mandatory  information in Vietnamese must be accompanied by auxiliary 
labels containing the mandatory information in Vietnamese, keeping the original labels unchanged. 
The Vietnamese contents shall be consistent with the original label contents.  
 
Article 10 of Decre e No. 43/2017/ND -CP: Mandatory contents to be expressed on label:  
1. Mandatory contents on a label include the following items:  
a) Name of goods;  
b) Name and address of entity responsible for the goods;  
c) Origin of goods;  
d) Other details in conformity with the nature of the goods prescribed in Appendix I of this Decree 
and relevant legal documents.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.2 Standards and other technical requirements  
 
Question 7: 
Paragraph 3.144, page 83  
Could Viet Nam explain criteria of contents subject to mandatory label ling in Vietnamese?  
 
Answer:  
Regulating the compulsory contents on goods labels in order to provide basic information of goods 
and the origin of goods, theref ore, to make information transparent to consumers as a basis of 
suitable choice of goods.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.7 Intellectual property rights  
 
Question 8 : 
Paragraph 3.246, page 107 -108 
The total number of IPR infringement cases of each enforcement agency are shown in the Table3.19 
on page 108. We would like to know what exactly Viet Nam  refers to as "local administrative 
agencies"? (Is it different organization from market surveillance?).  And Japan would also appreciate 
it if Viet Nam  could provide the information on the number of cases of IPR infringement detected by 
Economic police (C03) in Viet Nam . 
 
Answer:  
- The number of IPR infringement cases handled by ""local administrative agencies"" as shown 
in Table 3.19, page 108 is sum up from local state management reports on industrial 
property (reported by local Science and Technology Departments). Accordingly, the ""local 
administrative agencies"" stated in the report are understood as the following agencies: 
Inspector of the Departments of Science and Technology; Market Surveillance branches 
under the Departments of Industry and Trade; Customs branches; Provincial Police; 
Provincial People's Committee (almost no cases) . 
- According to the law of Viet Nam, the agencies competent to issue administrative sanctions 
at provincial and district levels are Inspectors (local departments of Science and Technology; 
local departments of Culture, Sports and Tourism, Agriculture and Rural Development, 
Information and Communications), Market Surveillance branches, local departments of 
Customs. There are also provincial and district People's Committees involved.  
 
- Number of cases related to intellectual property infringem ent detected and handled by the 
Viet Nam Economic Police (including cases of producing and trading counterfeit goods WT/TPR/M/410/Add.1  
 
- 104 - 
 
 according to Article 192 -1995 of the Penal Code 2015 and infringement of industrial property 
rights according to Article 226 of the 2015 Pe nal Code):  
- In 2019, 369 discovered cases, 85 prosecuted cases, 118 defendants.  
- In 2020, 557 discovered cases, 55 prosecuted cases with 101 defendants; 394 
administrative handling cases, 414 defendants.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measure s Affecting Production and Trade  
3.3.7 Intellectual property rights  
 
Question 9 : 
Paragraph 3.246, page 107 -108 
Japan understands that the enforcement of IPR infringement is conducted by market surveillance, 
Customs and Economic police (C03), etc. Could you  let Japan know the details if the Intellectual 
Property Office of Viet Nam  has any enforcement authority if any?  
 
Answer:  
The IP Viet Nam is not an IP enforcement agency. However, the IP Viet Nam assist IP enforcement 
agencies by providing professional op inions upon request on specific cases. IP enforcement agencies 
can refer to those opinions when handling IPR infringement cases.  
 
In the IP Viet Nam, the division that is responsible for this task is Enforcement and Appeal Division.  
 
3 TRADE POLICIES AND P RACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.7 Intellectual property rights  
 
Question 10 : 
Paragraph 3.3.7.6, page 108  
Japan believes that a cooperation between relevant authorities and online platformers is important 
to combat counterfeits and piracy spreading on digital market. Japan would like to request Viet  Nam 
to provide the details regarding the collaboration system between related authorities and online 
market platformers.  
 
Answer:  
Some of main legal regulations relating to the collaboration system between related authorities and 
online market platformers can be listed as follows:  
- Intermediary service providers (ISP)(including online market platformers) must abide by 
inspection, check and implement oth er requirements of competent state management 
agencies in protecting copyright and related rights on the internet (Article 5 of the Joint 
Circular No.  07/2012/TTLT -BTTTT -BVHTTDL dated June 19, 2012 of the Ministry of 
Information and Communications and the Ministry of Culture, Sports and Tourism stipulates 
the responsibilities of Enterprises providing intermediary service in protecting copyright and 
related rights in the Internet and telecommunication networks environment).  
 
- The traders or organizations prov iding services of E -commerce trading floor (including online 
market platformers) are responsible for supporting state management agencies to 
investigate business acts of violating laws, providing registration information, transaction 
history and other docu ments about the subjects having acts of violation of law on the E -
commerce trading floor (Clause 9, Article 36 of Decree No. 52/2013 / ND -CP dated May 16, 
2013 on e -commerce). At the moment, the Government is amending the Decree No. 
52/2013 / ND -CP in the direction to provide more binding responsibilities of entities 
participating in e -commerce activities in coordination with state agencies and rights holders 
to prevent and handle infringement of intellectual property rights in the online environment.  
 
Furthermore, in order to proactively detect and effectively prevent counterfeit and IP infringements 
and contribute to raise consumer confidence as well as improve business transparency, on Sep 12, 
2018, the Minister of Industry and Trade signed Decision No.33 04/QD -BCT disseminating the plan 
to strengthen the fight against counterfeiting, goods of unknown origin and goods infringing IP in e -
commerce in the period of 2018 -2020.  
The above signing ceremony is one of the first activities of the 3304/QD -BCT in orde r to:  
 WT/TPR/M/410/Add.1  
 
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 - Strengthening coordination and enforcement among departments under the Ministry of Industry 
and trade and relevant government agencies on the fight against counterfeits and IP infringements 
on the Internet environment.  
- Enhancing the roles and responsibilities in the field of consumer protection for online market 
platforms; rising the awareness of enterprises in term of commitment to sell goods with good quality, 
clear origin. Online market platforms should put the logo "Say no to counterfeited goods" on their 
websites, in order to enhance transparency in term of information, process of receiving and handling 
complaints about counterfeit goods when shopping on the platforms. Hot lines and procedure for 
dispute resolutions are well presented on th e platforms.  
 
In ASEAN, Viet Nam took the lead in mapping the Guideline on Accountabilities and Responsibilities 
of e-marketplaces. This Guideline was adopted in 2019. ASEAN Member States agreed to use this 
Guideline as a working base for selecting enterp rises to participate in the Program of ASEAN Online 
Sale Day 2021. Accordingly, the ASEAN Coordinating Committee on E -commerce (ACCEC) may act 
as the focal point to coordinate and assist the procedure of cross -border transactions dispute 
resolutions.  
  WT/TPR/M/410/Add.1  
 
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 18  KAZAKHSTAN  
Question : 
5) According to section 3.100 of the Report, as of June 2019, Viet Nam had four export processing 
zones (EPZs). Under the Investment Law and other relevant legislation, preferential treatment is 
granted to companies located in the EPZs. I n accordance with Section 2 of Article 19 of the 
Investment Law of Viet Nam, credit support is mentioned as one of the forms of investment support. 
Could you kindly specify whether any credit support is provided under the Export processing zones, 
which are  specifically dedicated for export purposes? If so, what are the main conditions of providing 
credit, its terms, and rates? Any other measures in place?  
6) Section 3.106 of the Report states that according to the OECD Investment Policy Review 2018, 
there a re three high -tech parks in Viet Nam, which are regulated by Decree No. 99/2003/ND -CP, 
issued on 28 August 2003. In accordance with these Decree, export -processing zones, bonded 
warehouses and/or tax suspension areas may be set up within the high -tech park s. Have those 
initiatives been implemented in the existing three high -tech parks in Viet Nam as of today? Do those 
incentives benefit domestic companies in Viet Nam to further export high -tech products and services 
produced in high -tech parks?  
In addition,  according to Decree No. 99/2003/ND -CP, Vietnamese and foreign scientists and 
specialists working in the libraries in the high -tech parks benefit from preferential treatment policies. 
Could you please elaborate further, what kind of preferential treatment is provided for those 
specialists?  
 
Answer : 
5. According to the provisions of Decree No. 32/2017/ND -CP dated 31 March 2017 of the 
Government on investment credit of the State, the Bank Vietnamese development goods only lend 
the State's investment credit, not the State's export credit loans (including export credit capital for 
export processing zones).  
 
Question : 
7) Paragraph 3.133 of the Report states that a specific standard or a part of it becomes mandatory 
when it is invoked in a legal document or technical regulation.  
In this regard, could Viet Nam please clarify whether a specific standard or a part of it will be notified 
to the WTO and whether an appropriate comment period will be provided according to the WTO TBT 
Agreement?  
 
Answer : 
Clause 1, Article 23 of the Law on Standards and Technical Regulations stipulates that all or a part 
of specific standards become mandatory when being cited in legal documents or technical 
regulations. Under the provisions of Clause 2, Article 4 of Circula r 16/2018/TT -BKHCN dated 
November 29, 2018, such legal documents or technical regulations can be notified under TBT 
Agreement with an appropriate comment period if they are listed as a TBT measure.  
 
Question : 
8) According to section 3.167 of the Report, so me exemptions may be granted to some anti -
competitive acts if such acts are deemed to enhance the competitiveness of Vietnamese enterprises 
in the international markets. In addition, section 3.172 states that enhancing the competitiveness 
of Vietnamese ent erprises in the international markets is one of the factors in consideration of 
economic concentration activities.  
Would Viet Nam provide the Parties with the information on the application of this exemption, i.e., 
information on any precedents and enterp rises applied it, as well as on enterprises not being subject 
to the legislation on competition and economic concentration activities?  
9) Section 3.167 of the Report states that when the NCC detects signs of crimes prescribed in the 
Criminal Code during in vestigations concerning anti -competitive agreements, it transfers the file to 
the competent authorities for criminal liability prosecution. Does it mean that the full investigation 
and prosecution of anti -competitive agreements is not within the competence  of the NCC? Could 
Viet Nam specify whether there have been cases when the competition authority detected signs of 
violation, but the competent authority for criminal liability prosecution had not supported the 
decision of the competition authority? Could Viet Nam specify a list of the competent authorities for 
criminal liability prosecution?  WT/TPR/M/410/Add.1  
 
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 Answer : 
8:  
The provision of ""enhancing the competitiveness of Vietnamese enterprises in international 
market"" is applicable for all enterprises legally established in Viet  Nam. The application of this 
provision is on the basic of case -by-case. Under the Competition Law 2018, there have not been an 
expemtion given using this provision.  
 
9: 
Violators of the Law on Competition, depending on the nature and seriousness o f the violation, can 
be subject to an administrative penalty or prosecuted for criminal liability. Under the Penal Code, 
criminal penalties in the field of competition include fines of up to VND 3 billion (approximately 
USD 129,000) and a term of imprisonm ent of up to five years. This means is the NCC find that the 
violation of the law could lead to the sanction level prescribed at the Penal Code, the authority to 
handle the investigation will be passed to the Ministry of Public Security.  
  WT/TPR/M/410/Add.1  
 
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 19  KOREA, REPUBLIC OF 
Question  
"3.65. Chapter III of the Law on Export Tax and Import Tax stipulates conditions for, the principles 
of, and the period of imposing anti -dumping, countervailing (anti -subsidy), and safeguard measures. 
The Law on Foreign Trade Management is the main legislation governing anti -dumping, 
countervailing, and safeguard measures in Viet Nam. The Law replaced the ordinances on 
Investigation of the Application of Trade Remedies. The authorities state that the Law was introduced 
to asses s the need for improving the legal basis for anti -dumping, countervailing, and safeguard 
measures since it was more than 10 years after the implementation of the ordinances of the Standing 
Committee of the National Assembly and Decrees by the Government.  
(…) 
3.69. Clause 5, Article 70, of the Law on Foreign Trade Management and Article 8 of MOIT Circular 
No. 37/2019/TT -BCT define the disclosure of information in the process of initiating, investigating, 
and promulgating decisions on application of trade rem edy measures. Accordingly, information on 
initiation and the final decision is published on the websites of the Trade Remedy Authority of Viet 
Nam and the MOIT. Information concerning the investigation may be disclosed to the public, 
depending on the natur e of the information.  
 
Question 1 : 
Is it possible to prepare a statement to refund the anti -dumping tax, which was already imposed to 
the company, when submitting the certificate of origin later?"  
 
Answer : 
Pursuant to Article 4 of the Law on Export Tax and  Import Tax 2016, the trade remedy taxes are 
additional import duties, so the procedures for tax collection, payment and refund will be similar to 
the provisions of the import tax.  
 
Question : 
"Between June 2013 and June 2020, Viet Nam submitted 152 notifications, covering a large variety 
of products, to the WTO TBT Committee.82 During the review period, four specific trade concerns 
(STCs) were raised in the Committee. Three of these STCs were raised in 2017: one was related to 
volumes of alcoholic be verages allowed to be imported for carrying out conformity assessments, 
another concerned the vehicle type approval certificates and emission, quality, and safety inspection 
for every lot of imported cars, and the third related to provisions of the Law on Cybersecurity. In 
May 2020, an STC was raised concerning mandatory quality management for products and goods 
under responsibility of Ministry of Information and Communications.85  
 
Question 3 : 
Could Viet Nam please explain what is being considered by Viet N am to achieve the objectives of 
the law while being less restrictive to trade, especially cross -border service?"  
 
Answer : 
"In the process of developing and implementing the Law on Cybersecurity, Viet  Nam's consistent 
view is to both protect security and cr eate an open investment and business environment that does 
not hinder the development of the digital economy to harmoniously balance economic development 
factors and ensure national security and order.  
Since the Law on Cybersecurity was promulgated, the nu mber of Internet users in Viet  Nam has 
continued to increase (nearly 3 million people), in which, the number of Facebook and Google users 
has also increased by more than 2 million for each service. Functional units of the Ministry of Public 
Security have d etected and handled more than 1600 cases of posting and distributing fabricated, 
distorting, slandering and humiliating others, especially r elated to the Covid -19 epidemic; sanctioned 
administrative violations of over 500 people, criminally handled nearly 90 subjects, contributing to 
establishing order and discipline in cyberspace. In addition, the Ministry of Public Security has 
detected and handled thousands of subjects using cyberspace for criminal activities, such as online 
gambling, stealing credit car d information  and bank accounts , trade in counterfeit and banned goods, 
etc., contribute to creating a safe and stable environment to promote the digital economy and 
e-commerce.  
As can be seen, the provisions of the Law on Cybersecurity have contributed to  ensuring a safe and 
healthy network environment, creating favorable conditions for the development of e -commerce, 
including cross -border services.  WT/TPR/M/410/Add.1  
 
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 Viet Nam has studied regulations on data storage in the Decree guiding the implementation of the 
Law on Cybe rsecurity in an open and flexible manner; while ensuring an equal business environment 
between domestic and foreign enterprises in terms of management, compatibility of legal provisions 
and responsibilities and obligations to perform in protecting personal  data; does not create barriers 
to digital trade; Specifically:  
- Businesses can transfer Vietnamese user data anywhere. Only when enterprises do not cooperate 
or refuse to cooperate with Vietnamese functional forces in providing information for criminal 
investigation and handling; Viet  Nam will consider appropriate measures, discuss with enterprises 
and allow a reasonable period of time to fulfill data storage requirements and set up a branch or 
representative office in Viet  Nam. 
- Enterprises do not have to store all data, but only have to store some types of data that are really 
necessary (Data about personal information of service users in Viet  Nam, including: full name, date 
date of birth, place of birth, nationality, occupation, title, place of residen ce, contact address, email 
address, phone number, identity card number, personal identification number, apartment number 
citizen charges, passport numbers, social insurance card numbers, credit card numbers, health 
status, medical records, biometrics; data  generated by service users in Viet  Nam, including: 
information choose to upload, sync or import from the device; data about the relationship of service 
users in Viet  Nam, including: friends, groups with which the user connects or interacts).  
With the abov e provisions, the draft Decree stipulates flexibility, creating favorable conditions for 
businesses, giving ""the right to self -determination"" for enterprises in storing data and setting up 
representative offices or opening branches. branch in Viet  Nam; A ccordingly, enterprises will not 
have to store Vietnamese user data and set up a representative office or open a branch in Viet Nam  
if they fully comply with the requirements of the Ministry of Public Security of Viet  Nam in cooperation 
and coordination in  providing information for investigation and handling of related violators."  
 
Question : 
"A new competent authority, the National Competition Commission (NCC), was established by 
consolidating two separate authorities (i.e. , the Viet Nam Competition Council and the Viet Nam 
Competition Authority). The NCC is authorized to investigate and adjudicate, review exemption 
requests, monitor economic concentration, and settle complaints about its decisions. The NCC exists 
under the M OIT and is financed through the Ministry's budget. Hence, there is concern over the 
NCC's independence and impartiality, particularly when SOEs are involved in an anti -competition 
case.118 In response, the NCC notes that under the new legal framework conce rning SOEs, the 
MOIT is no longer the representative of state ownership; therefore, with ownership transferred out 
of the MOIT, the conflict of interest has been addressed.  
 
Question 4 : 
Under the new legal framework concerning SOEs, does the MOIT holds the  power to appoint a 
majority of members of the board of directors or any other equivalent management body? Could 
Viet Nam please explain what is being considered by Viet Nam  to ensure the independence and 
fairness of NCC?"  
 
Answer : 
"Under the new legal fra mework concerning SOEs, does the MOIT holds the power to appoint a 
majority of members of the board of directors or any other equivalent management body?  
This query is not under the designated functions and expertise of Viet  Nam Competition Authority  
Could Viet  Nam please explain what is being considered by Viet  Nam to ensure the independence 
and fairness of NCC?  
Unlike other state management agencies, the National Competition Commission is a quasi -judicial 
agency, i.e., both advising and assisting the Mi nister of Industry and Trade in performing the function 
of state management of competition; and conducting competition investigation.  
The National Competition Commission has a maximum of 15 members who are civil servants of the 
Ministry of Industry and Tr ade, relevant ministries and branches, experts and scientists. All these 
members are appointed and dismissed by the Prime Minister, operate for a term of 5 years and can 
be re-appointed. The organizational design and apparatus of the National Competition C ommission 
ensure that this agency and each member of this agency operate independently, only obeying to the 
law, not having to obey anyone's orders, including both the Minister of Industry and Trade."  
 
Question : 
"Through international cooperation, the Industrial Development Strategy aims at promoting 
technology transfer to support research, development, application, and innovation in the pilot WT/TPR/M/410/Add.1  
 
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 production of components, spare parts, and materials. However, projects  involving technology 
transfer have not yet been submitted to the authorities.  
 
Question 5 : 
Could Viet Nam  clarify the current statement? Does it mean that no projects involving technology 
transfer were submitted since the revised law on technology transfe r became effective in July 2018, 
or are there projects to be soon submitted? Why is there delay in the process?"  
 
Answer : 
Viet Nam would like to clarify the statement about projects involving technology transfer as follows:  
According to the statistics, sin ce the Law on Technology Transfer took effect in 2018 to December 
2019, there are 91 technology transfer contracts from abroad to Viet  Nam through investment 
projects, including:  
- Processing and manufacturing industry: 68 contracts.  
- Electronics and Telecomm unications industry: 21 contracts.  
- New energy and renewable energy industry: 2 contracts.  
 
Question : 
"2.65. Viet Nam complies with and fully implements the commitments under the WTO Valuation 
Agreement GATT, accordingly, the principle of determining the va lue of the import tax is the 
transaction value. To ensure the full implementation of the WTO's regulations in this area, Viet Nam 
issued and completed the relevant legal documents, including: Circular No.39/2015/TT -BTC dated 
25 March 2015 of the Ministry o f Finance on customs value of imported goods and exported goods 
and Circular No. 60/2019/TT -BTC dated 30 August 2019 of the Minister of Finance amending and 
supplementing a number of articles of the Circular No. 39/2015/TT -BTC dated 25 March 2015 of the 
Ministry of Finance on customs value of imported goods and exported goods. Accordingly, Viet Nam 
fully transformed the technical contents of the customs valuation of the WTO Valuation Agreement 
into the national legal document system, making an important con tribution to speeding up customs 
clearance; improving effectiveness of supervision and control against price fraud, ensuring correct 
and full collection.  
 
Question 6 : 
If the customs authorities determine the price of identical goods in accordance with the second 
method of customs valuation  (following to WTO agreement) after denying the price between parties 
having special relationship, the scope of 'identical goods' is ambiguous.  
Can it be possible to specify the scope of identical goods in detail and annou nce it as a decision."  
 
Answer : 
Pursuant to the provisions of Clause 8.9, Article 1 of Circular No. 21/VBHN -BTC dated on April 23, 
2020 of the Ministry of Finance, stipulating the customs value of exported and imported goods 
(consolidation document) Circul ar No. 39/2015/TT -BTC dated on March 25, 2015 and Circular 
No. 60/2019/TT -BTC dated on August 30, 2019), identical imported goods are imported goods that 
are identical in all aspects: physical characteristics including product surface, constituent material s, 
manufacturing methods, functions, purposes of use, mechanical, physical, and chemical properties, 
with the same product code according to the List of Goods export and import goods of Viet  Nam; 
product quality; trademarks of products, manufactured in the  same country, by the same 
manufacturer, or by an authorized, franchised manufacturer.  
Goods with insignificant differences in appearance such as color, size or design without affecting the 
value of the goods are still considered identical imported goods.  
Imported goods are not considered identical if, in the process of producing such goods, technical 
designs, construction designs, implementation plans, art designs, design drawings, diagrams, 
protocols or similar products and services made in Viet  Nam are u sed, provided by the buyer free of 
charge to the seller.  
The method of transaction value of identical imported goods is based on the provisions of Article 8 
of the Circular No. 21/VBHN -BTC dated on April 23, 2020 of the Ministry of Finance regulating the 
customs value of exported and imported goods.  
 
Question : 
"The Third Protocol to amend the ASEAN – Republic of Korea Trade in Goods Agreement (AKTIGA) 
was signed in 2015. Up to now, only Viet Nam has not ratified the Protocol due to technical problems 
related to the tariff commitments on petroleum products. Viet Nam has requested the Republic of WT/TPR/M/410/Add.1  
 
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 Korea to discuss in order to resolve this issue, however, the Republic of Korea has not been ready 
for the discussion.  
 
Question 7 : 
Korea and Viet Nam have continuously engaged in discussions on tariff commitments of petroleum 
products at the 13th (February 2016, Seoul), the 14th (July, Singapore), the 15th (March 2017) and 
the 17th (February 2019) bilateral talks that were held at the margins of the Ko rea-ASEAN FTA 
Implementing Committee and the 32nd SEOM -ROK consultations and others.  
 
During the 17th bilateral talks, Korea requested Viet Nam  to ratify the Third Protocol as soon as 
possible. Accordingly, Viet Nam explained that the delay in ratificatio n is due to exponential growth 
of trade deficit since the Korea - Viet Nam FTA entered into force and that the country needs some 
time to resolve differences of opinions among domestic stakeholders.  
 
Korea mentioned, in particular, that we will discuss the  issue with Viet Nam during the 32nd SEOM -
ROK consultations and that we will provide necessary support to Viet Nam to resolve this issue. This 
is stated on page 2 of the summary record.  
 
Korea asked Viet Nam the reason why Viet Nam assessed that Korea is not in the stages to discuss 
this issue, which is contrary to the discussions shared between the two sides, and to provide grounds 
for such assessment."  
 
Answer : 
Viet Nam has revised the text and resent to the WTO Secretariat to circulate to WTO Members.  
  WT/TPR/M/410/Add.1  
 
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 20  MALAYSIA  
GOVERNMENT REPORT  
 
Page 28 -29 
 
2.2.2.3 Intellectual property rights and rights related to intellectual property  
 
2.110. In addition, many specific activities for encouraging the creation and registration of IP rights 
as well as facilitation of the enforcement of IP rights have been carried out regularly for many years, 
such as organizing invention contests, developing and implementing IP assets development 
programmes (for the period of 2011 -2015, 2016 -2020, 2021 -2030), implementi ng the Action 
Program to prevent IP infringements (for the period of 2012 -2015, 2019 -2023) and the Enabling 
the IP Environment (EIE) project, etc.  
 
Question : 
1. Please elaborate and share some best practices of the Action Program and the EIE project.  
 
Answer:  
1. The project "Enabling IP Environment - EIE" is carried out under the model of Spokes and 
Hub (IP -Hub), in which IP Viet Nam plays the role of the hub, while research institutes 
and universities play the role of the spokes in the Ip -Hub System. The project's objective 
is to increase the capacity in IP and innovation for the staff of research institutes and 
universities in research/creation, registration and commercialization of innovations as well 
as technology transfer. The EIE project will be imple mented in Viet Nam for 5 years from 
2019 to 2023.  
2. To implement the EIE Project to build a Network of IP Development and Technology 
Transfer cent res (IP-Hub/TISC), in 2020, the IP Viet Nam organized a training course for 
member of TISC Network on 05 modules  of IP management and development; develop a 
handbook for TISC members and organize online meetings with WIPO on the 
implementation of projects. The project implementation has contributed to increasing the 
number of patents and commercialization of IP asse ts in universities, research institutes 
and enterprises.  
3. The Action program to prevent infringement of IP rights (Action Program 168):  
4. The program has been implemented since 2006, and just entered phase III (2019 -2023). 
The program was signed by 7 ministri es and 02 judicial agencies. The overall goal of Phase 
III of Action Program 168 is to coordinate comprehensively, regularly and promptly to 
improve the effectiveness and efficiency of the IP enforcement; to build a modern IP 
enforcement mechanism to meet the requirements of socio -economic development and 
international integration.  
5. One of the most remarkable results from the implementation of Action Program 168 is 
from the coordination in inspection, examination and handling violations. Specifically:  
6. – During the implementation of Program 168 Phase II nationwide, the inspection and 
examination in the production and circulation of goods have been implemented 
synchronously.  
7. – The functional forces of the ministries have inspected, examined and received 
25,966  cases with signs of infringement of IP rights, manufacturing and trading counterfeit 
goods.  
8. – Apply additional sanctions and remedial measures: Confiscation, forced destruction, 
elimination of infringing elements for 980 tons of functional foods of all kin ds; 80,900 tons 
of fertilizer; nearly 27,000 medicine products; thousands of bottles of wine, and millions 
of electrical, electronic products, bags, shoes … that infringed trademarks and other IP 
rights.  
 
Page 31  
 
2.2.3.2 Multilateral and bilateral agreements  
 
2.118. So far, Viet Nam has signed 15 bilateral and regional FTAs (of which 14 have been 
implemented) and now 2 other agreements are on negotiations. Among these FTAs, there are 2 new 
generation FTAs.  
 WT/TPR/M/410/Add.1  
 
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 Questi on: 
2. What is the status of the Viet Nam -EU FLEGT Voluntary Partnership Agreement (VPA)?  
 
Answer:  
After the VPA / FLEGT Agreement took effect, the Prime Minister issued Decision No. 1624/QD -TTg 
dated 14 November 2019 approving the VPA/FLEGT implementation plan to assign relevant 
ministries and agencies. can the missions.  
Based on the Plan issued by the Prime Minister, ministries, agencies, provinces and cities have 
developed and issued their own VPA / FLEGT Implementation Plan.  
The Ministry o f Agriculture and Rural Development also issued Decision No. 1421/QD -BNN-TCLN 
dated 15 April 2020 promulgating the Plan of the Ministry of Agriculture and Rural Development to 
implement Decision No. 1624/QD -TTg. 14 November 2019 by the Prime Minister.  
The VPA/FLEGT Agreement is currently in the implementation stage. Viet Nam  has been actively 
internalizing the law to implement the commitments in the Agreement. The VPA / FLEGT Agreement 
implementation process has been in active consultation with stakeholders  
 
SECRETARIAT REPORT  
 
Page 10  
 
18. Viet Nam provides investment incentives, mainly through tax reductions, for projects in 
geographical areas with difficult socio -economic conditions or in industrial zones. Specific supports, 
such as access to credit, lower taxes and land rents, and exe mption of import duties, are also 
accorded to some selected activities and sectors, such as fishery products, small - and medium -sized 
enterprises, supporting industries, or renewable energy. Investors participating in significant PPP 
projects may benefit f rom additional incentives, such as guarantees on land use and foreign currency 
availability. Following the onset of COVID -19 pandemic, Viet Nam introduced a series of measures 
and incentives, alleviating the impact on enterprises; these measures included a n extension of time 
limits for tax payments, a reduction of corporate income taxes, and temporary discounts in electricity 
bills.  
 
Question : 
3. Is timber industry considered as supporting industries that are eligible for the incentive?  
4. Does Viet Nam offer incentives for exporting companies on the freight -related charges?  
 
Answer  (To Q3) : 
Wood processing is a processing industry. The timber industry does not enjoy preferences, but 
benefits from free trade agreements. For example, because Viet Nam signe d the CPTPP Agreement, 
the export tax on wood chips to Japan is 0% (other markets other than the CPTPP are 2%).  
 
Answer  (To Q4):  
No, we don't.  
 
Page 11  
 
26. In 2019, agriculture, forestry, and fisheries contributed 15.5% to GDP (down from 20.0% in 
2013) and 34.5% to employment (down from 46.7% in 2013). The main agricultural products 
include rice, coffee, and rubber. In 2019, Viet Nam had a deficit in agri cultural trade. Both imports 
and exports of agricultural products increased between 2013 and 2018; in 2019, they both declined. 
The main exports included coconuts, rice, and coffee; the main imports included cotton and maize. 
The main agricultural policy d evelopment was the adoption of various laws, such as the Laws on 
Irrigation, Animal Health, Animal Husbandry, and Crop Production, and relevant regulations.  
 
27. Fisheries represented 2.3% of merchandise exports in 2019 (down from 3.8% in 2013). In 2018, 
the fishery catch amounted to 3,590 tonnes, an increase of 6% compared with 2017. Viet Nam had 
a trade surplus in fisheries products. The fisheries policy is included in the Master Plan on Fisheries 
Development through 2020, Vision to 2030, which sets obje ctives for turning fisheries into a highly 
competitive, large community production sector. The Fisheries Development Policies provide support 
measures to the sector, such as credits for new vessels, subsidized accident insurance, and tax 
exemptions between  2015 and 2018.  
 WT/TPR/M/410/Add.1  
 
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 Question : 
5. What is the share (in percentage) of timber and timber products from the merchandise 
exports in 2019?  
 
Answer:  
According to the Viet Nam Export and Import Report of 2019 by the Ministry of Industry and Trade, 
the export turnover of wood and wood products reached USD 10.65 billion, up 19.5% compared to 
2018, Timber and timber products is one of 10 major export products in 2019, The total export 
turnover  around 4.03% . 
 
Page 12  
 
30. Viet Nam seeks to continue developing its manufacturing sector, and its national strategy 
prioritizes some selected subsectors. During the review period, manufacturing exports more than 
doubled and foreign -invested enterprises accounted for nearly 70% of total merchandise exports in 
2019. Some subsectors witnessed a notable performance in recent years, while the overall impact 
of policies in other subsectors is still to be seen. For example, domestic production and exports of 
footwear and garments subst antially increased during the review period, and Viet Nam aims to 
attract foreign investment for the development of its pharmaceutical industry through regulatory 
changes. Lower labour  costs and a supply of relatively skilled workers are drivers behind the  recent 
increase of inward FDI in manufacturing. Investment incentives and tariff protection are other policy 
tools used for the development of some industries.  
 
Question:  
6. What are the eligibility criteria for the investment incentives and tariff protecti on?  
 
Answer:  
The project meets the criteria for investment incentive industries, occupations and investment 
incentive areas specified in Articles 15 and 16 of the 2014 Law on Investment; Annex I on the list 
of sectors eligible for investment incentives an d Annex II on the list of areas eligible for investment 
incentives, attached to Decree No. 118/2015 / ND -CP, shall be considered for investment incentives.  
 
Page 22  
 
1.3.1.1 Merchandise trade  
 
1.29. Viet Nam's merchandise trade exhibits strong intra -industry trade (IIT) patterns. Electrical 
machinery and electronic equipment continue to represent the largest share of Vietnamese 
merchandise imports, accounting for 40% of the total in 2019. During  the review period, about 10% 
of imports were attributed to textiles and apparel, and footwear (Table A1.2). These two segments 
actively participate in GVCs (Section 1.3.1.3), with significant foreign investment involvement 
(Section 1.3.2).  
 
Question : 
7. What is the trend for export of lifestyle products such as furniture products?  
 
Page 29  
 
1.3.2 Trend and patterns in FDI  
1.45. Most of the inward FDI was destined for the manufacturing sector, accounting for some 60% 
of total foreign capital stock. Foreign  investment in the real estate and electricity sectors also 
accounted for large shares (12% and 9%, respectively), though far fewer projects were financed 
with foreign capital (Table 1.5).  
 
Question : 
8. What investment incentives are provided to FDIs?  
 
Answer:  
Investment incentives are generally applied to investors of all economic sectors.  
 WT/TPR/M/410/Add.1  
 
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 Page 66  
 
3.1.6 Anti -dumping, countervailing, and safeguard measures  
 
3.67. According to the authorities, the current legislation concerning anti -dumping, countervai ling, 
and safeguard measures contains some regulations not yet included in the system of international 
commitments, such as: (i) eliminating some regulations that are not suitable to the reality of 
investigation (e.g. , there is no deadline for issuing a pr eliminary report; and there are no specific 
issues related to consultations, such as the time limit for speaking); (ii) investigating the application 
of "avoid evasion measures"; (iii) exempting certain imports from the application of anti -dumping, 
counter vailing, and safeguard measures (a waiver mechanism) in order to ensure that the measures 
apply strictly to imported goods that are similar or directly compete with domestically produced 
goods; (iv) specifying procedures for reviewing and applying anti -dumping, countervailing, and 
safeguard measures, including on -demand, product range, mid -term, and final reviews; 
(v) specifying forms used during the investigation, such as an application for registration of a party 
concerned with a trade remedies case, impo rt declaration, an application for exemption from trade  
 
Question : 
9. Why does the current legislation on anti -dumping, countervailing, and safeguard measures 
contain regulations that are not included in the system of international commitments?  
 
Answer:  
As listed in paragraph 3.67, there are issues that include issues which have not been covered detailed 
in related WTO agreements. The current domestic legislation provides such detailed procedures to 
secure practicality and transparency of the inv estigation.  
 
Question : 
10. Is there any possibilities that the Government will implement the measures that are 
consistent with the international commitments in the future?  
 
Answer:  
The Government implements measures consistent with related WTO agreements and o ther 
international commitments that Viet Nam has participated.  
 
Page 67  
 
3.1.6 Anti -dumping, countervailing, and safeguard measures  
 
3.74. Section 4, Chapter IV, of the Law on Foreign Trade Management stipulates safeguard measures 
including, inter alia , the imposition of safeguard duties, import quotas, and tariff quotas; and the 
issuance of import licences. Under the Law, a safeguard measure can be imposed on imports if the 
following conditions are satisfied: (i) there is an absolute or relative increa se in imports compared 
with the domestic production of like products; (ii) there is a serious injury or threat of serious injury 
to the domestic industry; and (iii) the increased imports prescribed in Point A of this Section is the 
major cause of the serio us injury or threat of serious injury to the domestic industry. Developing 
countries will be exempted from the safeguard measures if: (i) the imports originating in that country 
account for not more than 3% of total imports of like products; and (ii) the t otal imports of products 
originating in that country and satisfying the aforementioned conditions account for not more than 
9% of the total production of imports of like products.  
 
Question : 
11. What countries are listed as developing by Viet Nam and exempted  from the safeguard 
measures?  
 
Answer:  
The lists of developing countries exempted from certain safeguard measures could be found in 
documents G/SG/N/8/VNM/3/Suppl.3; G/SG/N/10/VNM/2/Suppl.2; G/SG/N/11/VNM/4/Suppl.3.  
 WT/TPR/M/410/Add.1  
 
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 Page 68  
 
3.1.6 Anti -dumping, countervailing, and safeguard measures  
 
3.76. The content of a safeguard investigation includes the determination of: the products that are 
imported excessively and the rate of the increase in imports; the serious injury or threat of s erious 
injury to the domestic industry; and the causal link between the excessive import of relevant 
products and the injury to the domestic industry.  
 
Question : 
12. Please share specific percentage/calculations used to determine products that are being 
impor ted excessively compared to the domestic production?  
 
Answer:  
The determination that products are being imported excessively compared to the domestic 
production is based on facts and evidence of each individual case with reference to related WTO 
agreements  and jurisprudences.  
 
Page 68 -69 
 
3.1.6 Anti -dumping, countervailing, and safeguard measures  
 
3.80. During the review period, Viet Nam notified laws and regulations pertaining to anti -dumping, 
countervailing, and safeguard measures to the WTO in 2018 and 2020, and responded to detailed 
questions on its anti -dumping regime in 2019. Between 2013 and 2019, Viet  Nam had 
five antidumping measures in place and four cases under investigation; it also had four safeguard 
measures in place. The main products cov ered by these measures include steel, aluminium, and 
fertilizer.  
 
Question : 
Please list all the 4 safeguard measures implemented during 2013 -2019 period and the details of 
products involved besides steel, aluminium and fertilizer?  
 
Answer:  
The information of safeguard cases has listed in Table A3.5 of the Report.  
 
Page 73  
 
3.2.4 Export support and promotion  
 
3.98. Specific trade promotion measures under the Program include: (i) organizing and participating 
in trade fairs and exhibitions abroad; (ii) organizing international trade fairs, exhibitions, and 
conferences in Viet Nam; (iii) organizing the display, introduction, and export of goods through a 
common store on an e -commerce trading floor; (iv) organizing overseas trade d elegations from 
Viet Nam; (v) assisting foreign business delegations entering Viet Nam for conducting business or 
discussing investment opportunities; (vi) supporting both developing and existing commercial 
infrastructure and logistics in service of foreig n trade activities; and (vii) organizing the Viet Nam 
Logistics Forum. Other trade promotion measures include activities supporting R&D, improving the 
quality of product and goods, and training.  
 
Question : 
13. Does the trade promotion measure include collabor ation with foreign entities such as trade 
associations to increase the exposure of Vietnamese products?  
 
Answer:  
The industry associations or trade promotion organisations who implement the projects may 
cooperate with foreign associations in order to arrange the business matchings between Vietnamese 
enterprise and foreign enterprise.  
 WT/TPR/M/410/Add.1  
 
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 Page 75  
 
3.2.4 Export support and promotion  
 
3.110. The Government promotes investment for industrial production in industrial zones and 
economic zones located in areas w ith difficult or particularly difficult socio -economic conditions 
through investment preferences foreseen in the Investment Law.61 These investment incentives 
may consist of a reduced tax rate on enterprise income; an exemption from import duty of fixed 
assets, materials, supplies, and components of the investment project; or an exemption or reduction 
of land rental, land use levy, or land use tax.  
 
Question : 
14. What are the investment incentives available?  
 
Page 75  
 
3.2.4 Export support and promotion  
 
3.111. Viet Nam seeks to attract investment in cleaner production and efficient use of resources by 
creating a new type of industrial zone, named eco -industrial parks, for the purpose of economic, 
environmental, and social benefits. Currently, t here are three pilot eco -industrial parks; the 
Government encourages existing industrial zones to transform into eco -industrial parks.  
 
Question : 
15. Is there any specific target sectors to be developed under the eco -industrial parks? Is the 
timber industry p art of it?  
 
Answer:  
The project meets the criteria for investment incentive industries, occupations and investment 
incentive areas specified in Articles 15 and 16 of the 2014 Law on Investment; Annex I on the list 
of sectors eligible for investment incentives and Annex II on the list of areas eligible for investment 
incentives, attached to Decree No. 118/2015 / ND -CP, shall be considered for investment incentives.  
 
Page 78  
 
3.3.1 Incentives  
 
3.123. There are also industry -specific incentiv es, such as those under Decree No. 111/2015/ND -CP 
(on developing supporting industries), issued on 3 November 2015 (Section 4.3). Fisheries 
Development Policies provided support measures to the sector, such as credits for new vessels, 
subsidized accidental  insurance, and tax exemptions between 2015 and 2018 (Section 4.1.3).72 
Between 2017 and 2019, solar power projects benefitted from lower corporate income tax, 
exemption on import duties, lower land rents, and a selling price of electricity generated above  the 
average retail price. Currently, a support programme for wind power energy offers similar benefits 
for projects between 2019 and 2021.  
 
Question : 
16. Are there any industry -specific incentives provided to timber/forestry/furniture industry?  
 
Answer:  
Eco-industrial parks as a model has been piloted recently in a number of cities, provinces in 
Viet Nam. This model aims to encourage businesses in industrial parks to participate in greener 
manufacturing operations and utilize resources efficiently and int erconnectedly towards industrial 
symbiosis to improve businesses' economic, environmental and social efficiency; without aiming at 
any particular industry.  
- According to Government's Decree No. 82/2018/ND -CP on 22/5/2018 on management of industrial 
parks and economic zones, businesses certified as eco -enterprises are granted the following 
incentives:  
+ Enterprises developing infrastructure of eco -industrial parks and eco -enterprises shall be given 
priority in borrowing preferential loans from the Viet Nam Environment Protection Fund, the Viet 
Nam Development Bank and funds, financial institutions, domestic and international donators to WT/TPR/M/410/Add.1  
 
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 construct technical infrastructure of industrial parks, implement cleaner production methods, 
efficiently use resources and  industrial symbiosis solutions.  
+ Enterprises developing infrastructure of eco -industrial parks and eco -enterprises shall be given 
priority to participate in technical assistance and investment promotion programs organised and 
managed by state regulatory authorities.  
+ Enterprises operating within eco -industrial parks shall be given priority in providing information 
related to the technology market and the possibility of cooperating in effecting industrial symbioses 
in the scope of production and business activities of these enterprises.  
- The differences between eco -industrial parks and conventional industrial parks are: eco -industrial 
parks are industrial parks in which businesses satisfy criteria on application of cleaner production 
methods, efficient ut ilisation of resources and development of industrial symbiosis linkages. Detailed 
criteria are defined in Article 42, Decree No. 82/2018/ND -CP. 
- Currently there exist only incentivising policies applied to all eco -industrial park investors and 
developers,  without particular preferential treatment to foreign investors.  
 
Page 87  
 
3.3.3 Sanitary and phytosanitary measures  
 
3.154. To import plants or plant products, the importer must make a declaration to the DPP at least 
24 hours before the import is made and then, within the next working day, the authority will notify 
the location and time to conduct the quarantine. Accordi ng to Article 26 of the Law on Plant 
Protection and Quarantine, an import consignment of plants must: (i) be accompanied by a plant 
quarantine certificate from the competent authority of the exporting country; (ii) be free of regulated 
pests and harmful or ganisms; (iii) have an import plant quarantine permit from the PPD for objects 
subject to pest -risk analysis; and (iv) have packaging that complies with national technical 
regulations. MARD Circular No. 30/2014/TT -BNNPTNT contains the list of objects subje ct to plant 
quarantine and those subject to pest -risk analysis. The latter includes living plants; fresh fruits and 
bulbs; weeds and weed seeds; beneficial organisms, biological agents, or living organisms harmful 
to plant resources; and objects with a hig h risk of carrying a regulated pest.  
 
Question : 
17. What regulatory measures are imposed on non -compliant consignments?  
 
Answer:  
For non -compliant consignments, please refer to the Law on Customs dated 23 June 2014; 
Decree  128/2020/ND -CP setting out adminis trative penalties for violations on customs matters.  
 
Page 92  
 
3.3.4.2 Price controls  
 
3.188. The Government is working to establish a national price database for managing and regulating 
prices, especially for the purpose of forecasting market price fluctu ations. Phase 1 of the database 
project was put into practical operation, and Phase 2 is under development. It is expected that some 
of the price information will be publicly accessible in the database.  
 
Question : 
18. Does the database include prices for timber and timber products?  
 
Answer:  
The current price national database does not include prices for timber and timber products.  
 
Page 98  
 
3.3.6.2 Procurement methods, time periods, bid evaluation, and bid protests  
 
3.210. Government procurement is conducted both in centralized and decentralized modes. 
Centralized procurement is organized for goods and services that need to be procured in large 
quantities and in similar categories by many entities. Framework agreement s can also be used in 
centralized procurement for long -term purchasing agreements between the central procuring entity 
and selected contractors. The maximum period of a framework agreement is three years. The MOF WT/TPR/M/410/Add.1  
 
- 119 - 
 
 is responsible for issuing the national lis t of goods and services subject to centralized procurement. 
Local governments and SOEs can issue their own lists.  
 
Question : 
19. Please elaborate on the implementation of framework agreements/multi -use list.  
 
Answer:  
The Law on Bidding states that framework agreements in centralized procurement are long -term 
agreements with one or more selected tenderers, which include standards an d terms as basis for 
procurement per each individual contracts.  
 
Page 99  
 
3.3.6.2 Procurement methods, time periods, bid evaluation, and bid protests  
 
3.216. In order to ensure the consistency and transparency of online bidding, the Prime Minister 
approved the master plan and the roadmap for the application of online bidding in the period 
2015-25. The Ministry of Planning and Investment is responsible for building, managing, and 
operating the National Procurement Network, which was established on 1 January 2016. All bidding 
information must be published online and in designated media. All procurements using the methods 
of open bidding, limited bidding, competitive quotation, direct procurement, and direct appointment 
of contractor must be conducted t hrough the Network.  
 
Question : 
Please elaborate on the scope and mechanism of the National Procurement Network.  
 
Answer:  
The national bidding network system means an information technology system built and managed 
for the purpose of uniformly managing bidding information and conducting online bidding.  
 
Page 100  
 
3.3.6.2 Procurement methods, time periods, bid evaluation, and bid protests  
 
3.218. When a supplier considers that its rights and benefits under the Law on Bidding or other legal 
provis ions are severely affected, it can either make a protest to the procuring entity or the regulatory 
authority or bring a case to a court. When a substantial violation of the Law on Bidding or other legal 
provisions is found, the procurement can be suspended , and the bidding result can be invalidated. 
The responsible entity must compensate for damages.  
 
Question : 
Please elaborate/explain further on each protest process (procuring entity/ the regulatory authority/ 
court) including the duration taken to complete each process.  
 
Answer:  
The process and time for settling petitions on issues in the contractor selection process, contractor 
selection results and regulations on dispute settlement in court tendering are specified in Chapter 
XII of Bidding Law.  
 
Page 100  
 
3.3.6.3 Domestic preference and other pre ference policies  
 
3.219."Buy national" requirements are a key feature of Viet Nam's government procurement policy. 
They take the form of preferential treatment of tenders that meet the domestic content or domestic 
labour requirements. In accordance with the Law on Bidding and its implementing decree, 
preferential tre atment is granted to certain suppliers if they meet the following criteria:  
 
a. in both domestic and international bidding for goods, tenderers whose goods contain no less than 
25% domestic content in value;  WT/TPR/M/410/Add.1  
 
- 120 - 
 
 b. in international bidding of services and construction works, domestic tenderers or foreign 
tenderers in partnership with domestic tenderers in which domestic tenderers fulfil no less than 25% 
of the value of the tender;  
c. in domestic bidding of services and construction works, tenderers whose employees are made up 
of no less than 25% women, or persons with disabilities; or  
d. tenderers that are SMEs.  
 
Question : 
20. How does Viet Nam apply the preferential treatment policy for women and/or persons with 
disabilities?  
 
Answer:  
Priority policies for people with disabilities in the field of employment are as follows: The Law on 
Employment, the Law on People with Disabilities (PwD) and guiding documents stipulates that SMEs, 
cooperatives, cooperative groups, and business households of which 30% or more of the total 
number of employees are PwD can borrow at a preferential interest rate of 3,96%/year (equal to 
50% of the rate for near -poor households, according to the provisions of the law on credit for near -
poor household). They also benefit from tax waiver, priority in land purchasing, etc. In addition to 
general policies for femal e workers and/or workers with disabilities in the current legal system, the 
Support program for people with disabilities sets out targets and measures to assist people with 
disabilities in different ways. Regarding the preferential policies for women, Viet  Nam has 
incorporated these in multiple legal documents. For example, the Law on Support for Small and 
Medium Enterprises (SMEs) states: "In cases where many small and medium -sized enterprises meet 
the support conditions as provided for by this Law, priori ty is given to the selection of SMEs owned 
by women, and SMEs that employ more female workers "  
 
21. How does Viet Nam calculate/determine the 25% domestic content in value? It would be 
useful to understand what constitutes domestic content such as the definit ion of local 
content.  
 
Page 100  
 
3.3.6.3 Domestic preference and o ther preference policies  
 
3.221. In international bidding for goods, services, and construction works, tenderers that meet the 
preferential treatment criteria will be granted an advantage ma rgin of 7.5% in respect of either the 
tender price or tender score in the comparison and rating. In domestic bidding for goods, the 
preferential treatment is the same as in international bidding for goods. In domestic bidding for 
services and construction works, tenderers that meet the preferential treatment criteria will be 
selected if they rank the same as other tenderers.  
 
Question : 
How domestic preference and other preference policies are adopted in the FTAs?  
 
Page 122  
 
4.2.2 Energy  
 
4.50. Viet Nam aims to achieve higher energy efficiency and conservation, in line with the Law on 
Energy Saving and Efficiency. Prime Minister's Decision No. 280/QD -TTg, issued on 13 March 2019, 
approved the National Energy Program on Efficiency (VNEEP3) for the period 2 019-30, with energy 
saving targets of 5% -7% for 2025 and 8% -10% for 2030. Prime Minister's Decision 
No. 04/2017/QD -TTg, issued on 9 March 2017, updated the list of devices and equipment subject to 
energy labelling, the application of the minimum energy -efficiency requirements, and the relevant 
implementation roadmap until 2020. The VNEEP3 specifies savings potentials for different industries, 
such as beverages, plastics, paper, chemicals, and heavy industry products. The authorities indicate 
that the VNEEP for the period 2011 -15 contributed to savings of 5.65% of the total energy demand 
during that period. Similarly, Prime Minister's Directive No. 20/CT -TTg (on strengthening electricity 
saving for the period 2020 -25), issued on 7 May 2020, seeks to save at l east 2% of the total power 
consumption annually. In 2019 -20, the Government approved VND 10 billion for the VNEEP3 for 
policies and communication on economical and efficient use of energy. Prime Minister's Directive No. 
30/CT -TTg, issued on 27 November 201 5, urged several ministries to enhance control on investment WT/TPR/M/410/Add.1  
 
- 121 - 
 
 projects that intensively use energy and resources and potentially cause environmental pollution. 
These ministries were requested to prepare technical regulations and energy -use norms applicable 
to each manufacturing industry. Moreover, the National Action Plan for Green Growth in the period 
2014-2049 promoted the reduction of greenhouse gas emissions and the use of clean and renewable 
sources of energy in a wide range of activities in agriculture  and industry.  
 
Question : 
One of the themes  in Viet  Nam's "National Action Plan for Green Growth for the period 2014 -2049" 
is to reduce the intensity of GHG emissions and promote the use of clean and renewable sources of 
energy by implementing efficient an d effective use of energy and reducing GHG emission in the 
transportation sector.  
 
Please indicate some best practices, if any, in implementing efficient and effective use of energy and 
reducing GHG emission in the transport sector ? 
 
In 2018, Viet Nam launched an E5 (blend of 5% bioethanol with 95% gasoline) mandate across Viet 
Nam, with the aim of moving to E10 in the future. Does Viet  Nam have plans to introduce biodiesel 
mandate in future?  
 
Answer:  
Viet Nam has always paid attention to the issue of climate change denial and environmental 
protection in general and the issue of minimizing the impact of fuel engine emissions on the 
environment in particular. Viet Nam has developed a roadmap to apply biofuels to various types of 
vehicles, including the u se of biofuel and biodiesel (E5, E10, B5, B10 according to Decision 
No. 53/2012/QD -TTg dated 22 November 2012 on roadmap for application of ratios for blending 
biofuels with traditional fuels and Decision No. 49/2011/qd -Ttg dated 1 September 2011 on the 
roadmap provisions applicable emissions standards for cars, two -wheeled motorcycles 
manufactured, assembled and new import). At present, the use of biofuel (E5 RON 92 gasoline) has 
been provided and widely used in Viet Nam. The supply and use of biodiesel fu el have not been 
implemented yet because the production, supply and use depend on specific conditions of supply 
resources as well as research on the use of biodiesel fuel on new generation diesel engine imported 
and assembled in Viet Nam, ensuring biodiese l fuel does not affect and reduce engine capacity.  
 
Page 127  
 
4.2.2 Electricity  
 
4.68. The Renewable Energy Development Strategy to 2030, Vision to 2050, also set objectives for 
the development of renewables, and some sector -specific policies have been implemented since 
2016. For instance, Prime Minister's Decisions No. 11/2017/QD -TTg, No. 37/2011/QD -TTg, and 
No. 39/2018/QD -TTg stipulate favourable conditions for the development of solar -power and wind -
power projects, notably by guaranteeing a feed -in tariff scheme through long -term contracts to 
renewable energy producers.  
 
Question : 
According to the "Renewable Energy Development Strategy to 2030, Vision to 2050", Viet  Nam plans 
to increase its biofuels consumption in total vehicle consumption to 5% by 2 020, 13% by 2030 and 
25% by 2030. Viet Nam  also plans to support the investment in second and third generation biofuel 
production projects, in which non -food materials will be used.  
 
22. What are Viet  Nam's strategies to achieve its biofuels consumption goals in 2030 and 2050?  
23. Are there any example of feedstock which has been identified by Viet Nam  as the best choice 
for commercial production of second and third generation biofuels?  
 
Page 150  
 
4.4.6.1 Maritime transport  
 
4.176. To counter the negative impact of the COVID -19 pandemic, Vinamarine is currently 
considering the extension of fee reductions for vessels over 50,000 DWT in Cai Mep –Thi Vai port 
until the end of 2022. Proposals for exemption or reduction of maritime fees for vessels subje ct to 
quarantine requirements are also under review.  WT/TPR/M/410/Add.1  
 
- 122 - 
 
 Question : 
24. How do exporting companies manage the freight services and related matters in relation to 
the negative impact of COVID -19?  
25. Since Cai Mep –Thi Vai seaport offers extension of fee reduction for vessels until end of 2022, 
will it be implemented in other seapo rts such as Ho Chi Minh City, Hai Phong, Quang Ninh, 
and Da Nang?  
 
Page 173  
 
Table A3.5 Anti -dumping and safeguard measures initiated between 2013 and 2019. Certain wood 
fibre products or of other materials of wood quality imported from Thailand and Malays ia. 
 
Question : 
26. What is the current status of the anti -dumping measures imposition investigation on fiber  
board imported from Malaysia?  
27. When will the findings be concluded?  
 
Answer to Question 32 & 33:  
On 14 January 2020, the Ministry of Industry and Trad e issued Decision No . 128/QD -BCT on 
termination of the anti -dumping investigation on fibreboard imported from Malaysia.  
  WT/TPR/M/410/Add.1  
 
- 123 - 
 
 21  MEXICO  
Question : 
Are unforeseen developments mentioned in Article XIX of the GATT 1994 in any way considered in 
Viet Nam's regulations? Could you explain how it is taken into account and where are the criteria for 
it established?  
 
Answer:  
"Unforeseen developments" factors are provided in Article 51.1 of Decree 10/2018/ND -CP. 
"Unforseen developments" will be assessed on a case -by-case basis  
 
Question : 
Could Viet Nam clarify whether the initiation of a safeguards investigation only proceeds at the 
request of a party or can be initiated ex officio by the authority? If the investigation proceeds ex 
officio, what are the requirement s or circumstances for its origin?  
 
Answer:  
Under Article 93.3 of the Law on Foreign Trade Management 2017 and Article 46.2 of Decree No. 
10/2018/ND -CP, a safeguard measure can be initiated ex officio. The requirements to initiate an 
ex officio safeguard investigation are provided in Article 48 of Decree No. 10/2018/ND -CP. 
 
Question : 
Could Viet Nam clarify whether there are guidelines, criteria or parameters to determine that 
products are imported "in excess"?  
 
Answer:  
The determination t hat products are imported "in excess" is based on facts and evidence of each 
individual case with reference to related WTO agreements and jurisprudences.  
 
Question : 
Could Viet Nam explain what the "trade remedies" referred to in paragraph 3.67 v v consist of? 
 
Answer:  
The term "trade remedies" in item (vi) of paragraph 3.67 means anti -dumping, countervailing, 
safeguard and anti -circumvention investigations conducted by foreign investigating authorities on 
exports of Viet Nam  
 
Question : 
Could Viet Nam indicate what the "other countervailing measures" referred to in Article 83 of its Law 
consist of?  
 
Answer:  
The other countervailing measures provided in sub paragraph 2 (c) of Article 83 of the Law on 
Foreign Trade Management includes measures that are consistent with the SCM Agreement but not 
in the categories provided in sub paragraphs 2 (a) and 2 (b).  
 
Question : 
What authority is in charge of determining that the technical secret can be revealed? What is the 
procedure to reveal the technological secre t? During the process to determine if the technical secret 
can be disclosed, how and when does the owner of the intellectual property right participate?  
 
Answer:  
The disclosure of technology secrets depends on the management competence of the agency 
respon sible for keeping such technology secrets in accordance with relevant laws. The Law on 
Technology Transfer 2017 provides that the act of "illegally disclosing technology secrets" is strictly 
prohibited in technology transfer activities. In certain cases pe rmitted by law, such as to ensure 
security, national defense, people's life -related objectives and other interests of the State and 
society, technology secrets may be disclosed. - For technological secrets that is test data of 
agrochemical products, if the  disclosure is necessary for public health, environmental safety or 
national security with the written consent of the Ministry of Agriculture and Rural Development, 
competent authorities are allowed to provide information relating to secret test data to th e concerned 
parties, but must notify the owner of the test data in writing so that he/she is aware and take WT/TPR/M/410/Add.1  
 
- 124 - 
 
 measures to avoid others to take advantage of disclosed information for unfair competition 
(Decision  69/2006/QD -BNN). - For technology secrets that are pharmaceutical test data, the keeping 
secret of test data is partially or wholly terminated in some cases, such as the termination of keeping 
secret test data is necessary to protect public health etc. After the request to terminate the keeping 
secret of the test data received by the competent authority, the drug registration establishment 
having the secret test data will be notified and will have to explain and provide necessary documents 
and evidence upon request stated in the notice. If it is found t hat the request to terminate the 
keeping secret of the test data is valid, the Drug Administration of Viet Nam shall issue a decision 
to terminate the keeping secret of the test data, and publish that decision on the website of the 
Drug Administration of V iet Nam (Circular No. 05/2010/TT -BYT).  
 
Question : 
When some imports meet the requirements outlined in footnote 35, is the investigating authority 
obliged to exempt them or, on the contrary, can it decide whether to exempt them or not? For 
example, if an im ported product is different from the domestic product and cannot be substituted 
for it, could the investigating authority still apply a measure?  
 
Answer:  
The investigating authority will decide whether to exempt them or not on the principle that the 
exempt ion shall not reduce the overall effectiveness of the trade remedies measure and in 
accordance with ADA.  
 
Question : 
Requirement iv) of footnote 35 states that certain imports may be exempted when there are no 
sales of the like or directly competitive domes tic products "in the same ordinary course of trade". 
Could you explain what that expression means? Does the investigating authority conduct an analysis 
to determine whether domestic producers sell like or directly competitive product "in the ordinary 
cours e of trade"? If so, could you explain what that analysis consists of?  
 
Answer:  
The requirement (iv) generally means that the availability and accessibility of the like or competitive 
domestic products to customers of all level of trade in the domestic mark et is limited for a reasonable 
period of time.  
 
Question : 
Question 1: What is the scope of protection given to Geographical Indications in Viet  Nam?  
Question 2: What is the procedure to recognize and protect a foreign product as a Geographical 
Indication in Viet  Nam?  
Question 3: What are the six Geographical Indications of foreign countries registered and protected 
in Viet  Nam? 
 
Answer:  
Question 1  
Geographical indication for all products can be protected if meet all conditions provided in IP Law. 
Geographical indication protection term is perpetual in the territory of Viet Nam. The geographical 
indication owner or the GI managing organization (for Viet Nam's geographical indication) has the 
right to prevent others from using it. These acts are  regarded as infringements of the rights to 
geographical indications: - Using protected geographical indications for products which do not satisfy 
the criteria of peculiar characteristics and quality of products bearing geographical indications; - 
Using pr otected geographical indications for products similar to products bearing geographical 
indications for the purposes of taking advantage of their reputation and popularity; - Using any sign 
identical with, or similar to, protected geographical indications f or products not originating from 
geographical areas bearing such geographical indications and therefore misleading consumers as to 
that products originate from such geographical areas; - Using protected geographical indications of 
wines or spirits for wine s or spirits not originating from geographical areas bearing such geographical 
indication, even where the true origin of goods is indicated or geographical indications are used in 
the form of translations or transcriptions, or accompanied by such words as "category," "model," 
"type," "imitation" or the like.  
 
Question  2 
In principle, in order to be protected in Viet Nam, foreign GIs must also go through the same 
procedures for registration of GI protection for national geographical indications according to the IP WT/TPR/M/410/Add.1  
 
- 125 - 
 
 Law. In cases where an international treaty that Viet Nam is negotiating has proposals for the 
recognition and protection of geographical indications, the procedure for the publication of 
international proposals, handling of third -party opinions, as sessment of protection conditions of 
geographical indications which are the subject matters of international proposals is the same as for 
a national geographical indication application. Question3: As of 2021, there are 07 foreign GIs 
registered and protect ed in Viet Nam, including: - Cognac (France) for spirits, - Pisco (Peru) for 
wine, - Scotch whiskey (Scotland) for spirits, - Kampong Speu (Cambodia) for palm sugar, - Kampot 
(Cambodia) for pepper, - Isan Thailand (Thailand) for traditional silk. - Kagoshi ma 
Kuroushi/Kagoshima Wagyu/Kagoshima beef (Japan) for beef.  
 
Question : 
According to paragraph 3.67, an exemption mechanism is established for certain imports to ensure 
that the measures are applied only to similar products or directly competitive with domestic 
products. Could you explain what this exemption mechanism consists of? Is it part of the 
investigation procedure? If it is not part of the investigation procedure, when does it start operating? 
After the final resolution of the in vestigation is issued? In parallel with the investigation?  
 
Answer:  
Exemption mechanism is not part of the investigation procedure, exemptions can be considered 
following the imposition of a provisional or definitive measure. The exemption mechanism consis ts 
of conditions and procedures.  
 
Pregunta:  
Durante el proceso de elaboración de normas y reglamentos técnicos, nos gustaría conocer si se 
lleva a cabo una Manifestación de Impacto Regulatorio, de ser así ¿Qué autoridad es la encargada 
de llevarlo a cabo? ¿Cuál es el procedimiento que se sigue?  
 
Answer : 
- During the process of drafting standards, a Regulatory Impact Manifestation is not required 
to be carried out as standards shall be applied voluntarily.  
- -As technical regulations are mandatory, during the pr ocess of drafting technical regulations, 
the line ministries who develop technical regulations are required to carry out assessment 
of the implementation of legal documents related to such technical regulations (QCVNs), and 
state management status and the level of risks to the stakeholders. Actually, this process is 
not a Regulatory Impact Manifestation. Viet Nam does not have specific regulations on the 
procedures of the assessments mentioned above.  
 
Pregunta:  
En este párrafo se menciona que con la actualización del marco jurídico, Viet Nam propone equiparar 
el trato otorgado a los inversores vietnamitas y extranjeros. ¿Podrían explicar las diferencias entre 
el trato otorgado a los inversores vietnamitas y los extranjeros?  
 
Answer : 
The State treats i nvestors equally; adopts policies to encourage and to create favorable conditions 
for investors to conduct business investment activities, and to sustainably develop economic 
branches. The application of investment conditions to foreign investors in a numb er of conditional 
business lines or trades is conducted on the basis of conditions for reasons of national defense and 
security or order. social safety, social ethics, and health of the community.  
 
The State treats investors equally; adopt policies that en courage and facilitate investors' business 
activities, sustainable development across industries. The application of investment conditions to 
foreign investors in select industries and business lines are on the basis of national security; societal 
security , safety and morality; and public health.  
 
Pregunta:  
¿Cómo se lleva a cabo la colaboración y coordinación entre el Ministerio de Ciencia y Tecnología 
(MOST) para la elaboración de normas y reglamentos técnicos con los demás Ministerios?  
 
Answer : 
a) Regarding development of standards:  
Article 11 of The Law on Standards and Technical Regulations provides the responsibility for 
developing, evaluating and announcing standards:  WT/TPR/M/410/Add.1  
 
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 1. Ministers, heads of ministerial -level agencies and heads of government -attached agencies shall 
organize the development of national standards and propose the evaluation and announcement of 
national standards.  
2. The Minister of Science and Technology organizes the evaluation of draft national standards and 
announces the natio nal standard.  
b) Regarding the development of technical regulations:  
Article 27 of The Law on Standards and Technical Regulations provides the responsibilities 
developing, evaluating and promulgating technical regulations  
a/ Ministers and heads of minister ial-level agencies shall formulate and promulgate national technical 
regulations within the scope of branches or domains under their assigned management;  
b/ The Minister of Science and Technology shall organize evaluation of draft national technical 
regula tions.  
 
Pregunta:  
¿Cuáles son los parámetros que la Comisión Nacional de la Competencia (NCC) utiliza para 
determinar que una concentración tiene efectos positivos en el desarrollo del sector de las 
telecomunicaciones?  
 
¿Cuál es el criterio para determinar  si una concentración contribuye al aumento de la competitividad 
de las empresas Viet Namitas en el mercado internacional? ¿Existe un límite de participación 
accionaria extranjera que establezca cuáles operaciones pueden ser consideradas como benéficas 
para la competitividad internacional?  
 
¿Cuáles son los sectores de la economía Viet Namita a los que aplica el control de concentraciones?  
 
Answer : 
1. According to Article 16, Decree No. 35/ND -CP providing details on the implementation of the Viet 
Nam Competi tion Law, the positive impact on development of the industry or sector accordance with 
the State's strategy and planning is assessed from the following aspects:  
(a) Whether or not the economic concentration will promote economic efficiency in terms of size  and 
resources of the locality, industry, sector and society, in coordination with the objectives set out in 
the Government's or Prime Minister's approved strategy and planning for the development of 
industries and sectors;  
(b) The level of application of scientific advances and technological improvements by the enterprise 
after the economic concentration in order to improve productivity, quality and business efficiency in 
order to reduce costs, improve the quality of products and services or otherwise serv e the interests 
of consumers and the community.  
These parameters are applied to all sectors of the economy, including telecommunication sectors.  
2. Article 16.3 of the Decree 35 prescribes that "Whether or not the enterprise after the economic 
concentratio n strengthened the competitiveness of Vietnamese enterprises in the international 
market is assessed on the basis of the positive consequences of the economic concentration in 
expanding the scale of production, domestic consumption and export of goods or s ervices." The 
consideration of increasing the competitiveness of Vietnamese companies in the international market 
is applied for all enterprises legitimately established under Vietnamese legislation.  
3. Merger Control regulations applied to all sectors of the Vietnamese economy.  
 
Pregunta:  
¿Qué metodología se aplica para determinar el cumplimiento de estos supuestos?  
 
¿La carga de prueba para demostrar el cumplimiento de estos supuestos recae en la Autoridad o en 
los agentes económicos?  
 
¿Existe la posibilidad de que terceras partes recurran a medios de impugnación o revisión judicial 
de las decisiones de la autoridad de otorgar estas exenciones?  
 
Answer : 
1. The determination of positive effects on the development of the telecommunications sector is 
legally based on Article 16.1, Decree No. 35/ND -CP providing details on the implementation of the 
Viet Nam Competition Law as cited above. The NCC determination on an economic concentration 
filling is established on the basic of consolidating the anticompe titive impact and positive impact of 
the reviewed filing.  WT/TPR/M/410/Add.1  
 
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 2. Article 34.1 of Viet Nam Competition Law prescribes that a file notifying the economic 
concentration comprise "Report on positive impact assessment of the economic concentration and 
measures for enhancing positive impact of the economic concentration". Thus, it may be interpreted 
that the burden of proof primarily falls on the engaging parties.  
3. Yes, all the decision made by the NCC can be appealed to the Administrative Court in accordance 
to the Administrative Procedures.  
 
Pregunta:  
¿A qué tipo de casos se reserva la imposición de sanciones no monetarias?  
 
En el caso de sanciones no monetarias para participantes en un cártel, ¿También se pueden imponer 
sanciones a las personas físicas que facili taron el acuerdo ilegal?  
 
Answer : 
1. The non -monetary sanctions applied to anti -competitive agreement, abuse of dominance or 
monopoly position, and violation of economic concentration regulations.  
2. Non -monetary sanctions are applied to legal entities.  
 
Pregunta:  
De conformidad con el Decreto No . 25/2011/ND -CP, el regulador del sector de las 
telecomunicaciones tiene la responsabilidad de resolver las reclamaciones en materia de 
competencia. ¿Estas  atribuciones son exclusivas de la Autoridad de Telecomunicaciones? ¿Se prevén 
obligaciones de coordinación con la NCC y/o alguna otra institución para emitir las resoluciones?  
 
Answer : 
The powers are not exclusive to the telecommunication Authority. In fa ct, the competition authority 
of Viet Nam primarily resolves claims in competition matters. In the process of resolving the 
competition matters, the NCC coordinates closely with the telecommunication authority.  
 
  WT/TPR/M/410/Add.1  
 
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 22  NEW ZEALAND  
REPORT BY THE WTO SECRETARIAT (WT/TPR/S/410)  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
SECTION 3.1.2 Rules of Origin  
WT/TPR/S/410, page 52, paragraph 3.28 and and Table A3.1  
 
Paragraph 3.28 states "Since its previous Review, Viet Nam has issued various legal documents 
concerning rules of origin including: Decree No. 31/2018/ND -CP (detailing a number of articles of 
the Law on Foreign Trade Management in terms of origin of goods), issued on 8 March 2018; and 
Ministry of Industry and Trade (MOIT) Circular No. 05/ 2018/TT -BCT (on origin of goods) 
(Table  A3.1)." Table A3.1 Legislation pertaining to Viet Nam's rules of origin, 2013 -20 list a number 
of legislative instruments issued between 2013 – 20. Item No. 38 in Table A3.1 refers to Circular 
No. 07/2020/TT -BCT. It states "MOIT Circular No. 07/2020/TT -BCT (on amending and 
supplementing MOIT Circular No. 31/2015/TT -BCT of 24 September 2015 (on the implementation 
of the Rules of Origin under Agreement on establishing ASEAN -Australia -New Zealand Free Trade 
Area)), issue d on 30 March 2020."  
 
New Zealand's understanding is that prior to the issuance of Circular No.07/2020/TT -BCT, a number 
of consignments from New Zealand which were eligible for preferential tariff treatment were denied 
preferential tariff treatment and the  importers paid normal duties. New Zealand also understands 
that the above circular is backdated to I October 2015.  
 
Question(s) : 
Could Viet Nam provide an update on Viet Nam's refund procedures, particularly whether affected 
importers are advised about en titlement to refunds due to the backdating of Circular No.07/2020/TT -
BCT and also the timeframe for processing importers' applications for refund of duty paid in excess 
of preferential tariff rates?  
 
SECTION 3.3.3 Sanitary and phytosanitary requirements  
WT/TPR/S/410, page 88, paragraph 3.161  
 
Section 3.3.3, paragraph 3.161 states that "Since 2013, eight STCs were raised at the SPS 
Committee. Two STCs, initially raised in 2015, on restrictions on plant products and fruits were 
reported as resolved or partial ly resolved in the second semester of 2017; all other STCs remain 
unresolved … The [Specific Trade Concerns] STCs concerning the suspension of groundnut seed 
imports, the market access for "white" offal, and the import restrictions in the draft Law on Anim al 
Protection have been reiterated, at least once, by Members."  
 
Question(s) : 
Given the unresolved Specific Trade Concerns raised within SPS committees, what action is Viet Nam 
intending to take to resolve members concerns?  
 
Answer:  
At the moment, within SPS Committee, Viet Nam has been working with all trading partners through 
bilateral and multilateral meetings to resolve any existing STC. Viet Nam appreciated the concerns 
and feedbacks provided by Member countries. As we have stated in the previous meetings of SPS 
Committee, Viet Nam uphold its commitments by welcoming the commen ts from all WTO member 
countries on draft regulations and maintain the rights to apply neccesary measures to protect the 
health of people, animal and plant in the country.  
 
SECTION 3.3.6 Government procurement  
WT/TPR/S/410, page 98, paragraph 3.211  
 
Paragraph 3.211 states that government procurement is divided into domestic and international 
bidding.  
 WT/TPR/M/410/Add.1  
 
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 Question(s) : 
For government procurement opportunities that are open for international bidding, are these publicly 
advertised and if so, where?  
 
Answer : 
Tender notices for international bidding are published on the National Bidding Portal and the Bidding 
Newspaper.  
 
WT/TPR/G/410, page 98, paragraph  3.212  
 
Paragraph 3.212 states that foreign suppliers must have a partnership with domestic contractors or 
be sub -contractors of domestic contractors when participating in an international bid, unless 
domestic contractors do not have full capacity to participate in a bidding.  
 
Question(s) : 
What are criteria used to determine whether domestic contractors have ful l capacity to participate 
in a bidding? Is there publicly  available information in regard to  these criteria ? 
 
Answer : 
The eligibility of bidders when participating in a bid is defined at Article 5, Law on Bidding.  
 
4 TRADE POLICIES BY SECTOR  
SECTION 4.1.3.3 Policies  
WT/TPR/S/410, page 117, paragraph 4.31  
 
In accordance with the Law on Fisheries, Viet Nam took concrete steps in the fight against IUU 
fishing. A national committee was established in May 2019 to coordinate efforts by central agencies 
and local authorities to combat IUU fishing. Coastal towns and provinces established their own anti -
IUU units to supervise fishing activities. Fishing boats using seaports must file reports on their 
cargoes, origin of product, and ships' logs. The authorities state that Viet Nam is improving its legal 
framework, and trackers are installed on boats to monitor seafood product origin and enforce 
maritime law. According to the authorities, the Law and a number of government decisions and 
guidelines allow agencies a nd localities to combat IUU effectively. Viet Nam also established 
communications channels with neighbouring countries to spot and address IUU violations. MARD 
Decision No. 1481/QD -BNN-TCTS, issued on 2 May 2019, established quotas for fishing licences. It  
divided the fishing grounds into three zones: coastal, inland, and offshore. The size of the fishing 
boats is clarified solely for fishing operations in each zone; for example, boats over 15 metres in 
length in the offshore zone, 12 -15 metres in the inlan d zone, and less than 12 metres in the coastal 
zone."  
 
Question(s) : 
Viet Nam has local anti -IUU units who supervise to fishing activities. What is the operational 
capability of these groups? What is the observed change in compliance activity among monitore d 
fishers? How many fishers does Viet Nam estimate still operate illegally?  
 
What changes does Viet Nam aim to make to is legal framework to enable anti -IUU activity? What 
are the timeframes for these changes?  
 
What tracking technology has Viet Nam insta lled on fishing boats?  
Viet Nam has newly established communications channels with neighbouring countries to "spot and 
address IUU violations". How many vessels have been identified through this communication channel 
and what penalties have these illegal f ishers faced?  
 
WT/TPR/G/410, page 188, paragraph  4.34 
As notified to the WTO, the Fisheries Development Policies provide support measures to the sector, 
such as credits for new vessels, subsidized accident insurance, and tax exemptions between 2015 
and 201 8.14 The Policies are based on, inter alia, Decree No. 67/2014/ND -CP, issued on 7 July 
2014, and its amendments. The objectives of the Policies include: (i) upgrading and building fishing 
ports, fishing vessel shelters, and other infrastructure and facilit ies, so as to improve the 
management, monitoring, supervision, and inspection of fishing activities; (ii) upgrading and 
modernizing artisanal and small fishing vessels, and converting from wooden to steel vessels to 
increase safety and minimize risks for p eople participating in fishing activities; (iii) promoting WT/TPR/M/410/Add.1  
 
- 130 - 
 
 poverty alleviation; (iv) maintaining and developing traditional fisheries in a sustainable manner; 
(v) training and raising awareness; and (vi) supporting the conversion of fishing gear, to elimin ate 
the use of destructive gear. Several support programmes were, or are being, implemented to support 
the fisheries sector15, including:  
 
- An insurance system for people participating in fishing activities and for fishing vessels 
operating at sea, in acco rdance with Decree No. 67/2014/ND -CP;  
- Tax and fee exemptions: no registration fee imposed on fishing vessels, to encourage fishing 
vessel registration; exemption from personal income tax for individuals and households that 
operate substantive fishing, etc .; exemption from import duties on machinery, equipment, 
materials, and components that are not produced locally, in order to build or upgrade vessels 
to reduce the number of small fishing vessels.  
 
Question(s) : 
What support does Viet Nam currently offer fishers and fishery related services? Does Viet Nam 
currently provide fuel subsidies? Does Viet Nam currently provide any other subsidies? How does a 
fisher (or fishery related service) qualify for each different subsidy/support measure?  
 
How does Viet Nam ensure that these subsidies and supports do not support IUU fishing or contribute 
to overfished stocks?  
 
SECTION 4.2.2 Energy  
WT/TPR/S/410, page 123, paragraph 4.51:  
 
New Zealand commends Viet Nam for its commitment to reducing greenhouse s gases and supporting 
the greater use of renewable energies, and notes Viet Nam's Law on Energy Saving and Efficiency 
and the National Action Plan for Green Growth 2014 -20 which promoted the reduction of greenhouse 
gas emissions and the use of clean and r enewable sources of energy in a wide range of activities in 
agriculture and industry.  
 
Question(s) : 
In light of the increasing international focus on fossil fuel subsidy reform as a trade measure, can 
Viet Nam share its experiences on tax and import incen tives (Section 3.3.1) to support its aims of 
achieving higher energy efficiency and conservation in line with its Law on Energy Saving and 
Efficiency, and the National Action Plan?  
 
Answer:  
The Prime Minister issued Decision No. 24/2018 / QD -TTg dated 18 May 2018 regulating the list and 
roadmap of vehicles and equipment using energy to be eliminated (not allowed to receive import 
and export products. business in the country) and low efficiency generator units are not newly built. 
Accordingly, Viet Nam does  not allow the import, production and trading of energy efficient 
equipment that does not meet the minimum energy efficiency levels in national standards (TCVN) 
specified in the Appendixes. Index 1 and 2 of the Decision. At the same time, make a implementa tion 
roadmap for coal and gas generating sets in thermal power plants according to the provisions of 
Clause 3, Article 4 of the Decision. From there, improving the efficiency of energy -using equipment 
in Viet Nam in accordance with the enacted Law on Econo mical and Efficient Use of Energy.  
  WT/TPR/M/410/Add.1  
 
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 23  PHILIPPINES  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
I. ECONOMIC ENVIRONMENT  
 
Para 1.39 -1.40 (Pages 27 -28) 
 
While total external trade shrank by 60% at the onset of the pandemic, Viet Nam's merchandise 
trade based on GVCs, in particular, in the consumer electronics manufactured and the garment 
apparel manufactured sectors appears not to be losing momentum, compared with the sectors' 
performance in 2019. With regard to other top categories of merchandise trade, imports of motor 
vehicles and their parts and components, as well as of oil, witnessed a significant drop, compared 
with 2019.  
 
In 2019, trade based on GVCs in the consumer electronics and the garment apparel sectors 
accounted for around  65% of total exports, and 51% of total imports. Although only nine -month 
data for 2020 are available, trade of consumer electronics maintained its trend, except for exports 
of precision equipment (HS Chapter 90). As for the garment sectors, exports of fin al goods 
recorded a slight decrease, compared with their performance in 2019.  
 
Questions : 
1. What preventive or anticipatory measures were undertaken by Viet Nam to sustain the 
performance of its garment apparel and consumer electrics industries amidst the COVID -
19 pandemic, noting that these industries did not lose momentum in terms of merchandise 
exports and participation in GVCs?  
2. What measures were or are being implemented by Viet Nam to assist businesses to 
sustain their operations given effect of COVID on domestic and global market situation?  
II. TRADE AND INVESTMENT REGIMES  
 
Para 2.30. (Page 37)  
 
The ASEAN developed the framework of the ASEAN Free Trade Area, covering trade in both  
goods and services under specific agreements. Under the ASEAN Trade i n Goods Agreement 
(ATIGA), as at 1 January 2018, nearly 100% of goods originating from ASEAN members entered 
Viet Nam tariff -free. The ATIGA Information Technology Agreement was concluded in 2019 and 
became effective on 1 January 2020. The ATIGA also conta ins provisions pertaining to non -tariff 
barrier elimination and trade facilitation.  
 
Question : 
3. We wish to seek clarification on the mention of "the ATIGA Information Technology 
Agreement was concluded in 2019 and became effective on 1 January 2020" in this  
paragraph. To our knowledge, there is no such standalone Agreement in ASEAN. There is 
however, an Annex in the ATIGA called ITA Products in AHTN 2017.  
 
Answer : 
ATIGA and ITA are standalone agreements. Ten countries are ASEAN members of ATIGA. 
However, Laos, Cambodia and Myanmar are members of ATIGA as well as WTO but they are not 
members of ITA.  
 
Philippines's comment is correct. It is unknown why the Secretariat Report mentioned such 
information.  
 
Para 2.39 (Page 39)  
 
Viet Nam signed the CPTPP  on 8 March 2018. It was ratified by the National Assembly on 
12 November 2018, and entered into force on 14 January 2019.  
 
 
 WT/TPR/M/410/Add.1  
 
- 132 - 
 
 Question : 
4. What are the tangible impacts on Viet Nam's level of trade in goods, trade in services and 
investments with parties to the CPTPP when the agreement was implemented? Has an 
interested party to the CPTPP engaged Viet Nam in informal consultations?  
 
Answer:  
We have been analizing the impacts of the CPTPP in different sectors of the economy. As regards 
the CPTPP acc ession, there are a number of economies interested in joining the group and having 
started some form of consultations with not only Viet Nam but other CPTPP countries.  
Para 2.46 -2.47 (Pages 40)  
 
The Free Trade Agreement (FTA) between Viet Nam and the Euro pean Union was signed on 
30 June 2019, and was ratified by the National Assembly on 8 June 2020. The Agreement entered 
into force on 1 August 2020.  
 
Under the Agreement, Viet Nam is expected to eliminate 98.3% of its total tariff lines for goods 
originatin g from the European Union over a period of 10 years; on the application day of the 
Agreement, 48.5% of total tariff lines were zero -rated. For the remaining 1.7% of lines, tariffs 
may be reduced over a period longer than 10 years, or tariff rate quotas, in  line with Vietnamese 
WTO commitments or under the category of Completely Knocked Down, may be applied.  
 
Para 2.52 -2.53 (Page 40)  
 
The VN -EAEU FTA was signed in May 2015, and entered into force in October 2016.  
 
Viet Nam committed to eliminating tariffs on 84.5% of tariff lines within 10 years, of which up to 
60% of tariff lines were eliminated immediately after the Agreement came into effect. About 
12.8% of tariff lines are not committed for preferential rates.  
 
Questions : 
5. Given the effect of COV ID-19 in the domestic and global market, what are Viet Nam's 
thrusts with regard to pursuing new FTAs or expanding current ones? Moreover, 
specifically to EU and EAEU, what were the offensive and defensive interests of Viet Nam, 
as well as those of EU and EAEU during the trade negotiations?  
a. What sensitive products of Viet Nam were specifically and strongly requested by 
EU and EAEU during the negotiations, and how did Viet Nam address the balance 
of interests?  
b. Were there any difficulties encountered by Viet Nam on balancing the interests of 
all parties during the trade negotiations, considering that EU and EAEU are both 
economic unions of various member states? If so, what were these difficulties and 
how were they addressed?  
 
Answer : 
So far, Viet Nam has signed and been implementing 14 FTAs. Accordingly, one of our priorities on 
international integration is making the most use of these current FTAs so that our economy in 
general and domestic enterprises in particular can enjoy opportun ities and benefits brought about 
by these FTAs. For the FTAs with the EU and EAEU, as well as other FTAs, we tried our best to 
have address differences and gaps in opinions between Sides in the process of negotiation with 
the aim of achieving a balance FTA .  
 
6. What products constitute the 1.7% of lines not covered by tariff elimination within 
10 years under the EVFTA?  
 
Para 2.61 (Page 41)  
 
The FTA covers trade in goods only. Viet Nam is to gradually reduce tariffs for goods originating 
from Chile over a period of 15 years. Upon entry into force, tariffs for about 35% of total lines 
were eliminated; most tariffs are to be eliminated in 2024, following 10 years of implementation. 
After the transition period, 10.8% of tariff lines will remain dutiable in 202 9; these lines include 
meat and prepared foods, sugar, alcoholic beverages, tobacco -related products, cars, 
motorcycles, and tyres.  
 WT/TPR/M/410/Add.1  
 
- 133 - 
 
 Questions : 
7. Kindly compare Viet Nam 's commitments in trade in goods with Chile under the CPTPP 
and its bilateral FTA.  
8. Are there existing market access issues being experienced by Viet Nam in exporting its 
products to Chile?  
 
Answer : 
- Under the CPTPP:  
+ Chile commits to eliminate 95.1% tariff lines at entry into force, an equivalent of 60.2% of its 
import turnover from Viet Na m. By the 8th year from entry into force, Chile will eliminate 99.9% 
tariff lines.  
+ Viet Nam will eliminate 66% of tariff lines after the Agreement enters into force and 85.6% 
after 3 years. Other tariff lines will be eliminated after 5 to 10 years.  
- Under the Viet Nam - Chile FTA:  
+ Chile commits to eliminate 99.62% of its import turnover from Viet Nam (in 2007) in 10 years, 
of which 81.8% turnover and 83.54% tariff lines were eliminated at entry into force.  
+ Viet Nam commits to eliminate 87.8% of its t ariff lines (91.22% import turnover in 2007) for 
Chile in 15 years.  
 
8. Currently, the Governments of the 2 sides established a regular mechanism to supervise and 
review the implementation of the Agreement.  
III. TRADE POLICIES AND PRACTICES BY MEASURE  
 
Para 3.5 (Page 48)  
On 6 April 2016, the Law on Export Tax and Import Tax (Law No. 107/2016/QH13) was adopted. 
The Law, which entered into force on 1 September 2016, aimed, inter alia, to: (i) meet the 
implementation requirements on international commitments and treaties on import and export 
duties; (ii) amend the tax table and tax rates to suit the requirements of free trade agreements 
Viet Nam is a party to; (iii) encourage and protect domestic business activities and production; 
and (iv) contrib ute to the implementation of administrative reforms. The Law specifies each type 
of tax, including ad valorem taxes, mixed taxes, and taxes on imported goods subject to tariff 
quotas. In accordance with the implementation of commitments to reduce export ta x in the 
framework of a number of FTAs, the Law also stipulates that, for goods exported to a country, 
group of countries or territories that have preferential export tax agreements in their trade 
relations with Viet Nam, these agreements will be applied.  
 
Question : 
9. Does the Law on Export Tax and Import Tax provide specific measures/ways to achieve 
the implementation requirements on international commitments and treaties on import 
and export duties and the protection of domestic business activities and prod uction? What 
specific agency/ies oversee/s the implementation of these measures?  
 
Para 3.33 (Page 53)  
 
Viet Nam's tariffs are established by the Standing Committee of the National Assembly in the form 
of statutory rates at the 4 -digit HS level, which const itute duty bands within which the Government 
fixes the applied duty rates. Within these bands, the customs tariff is generally issued annually in 
the form of an MOF circular. All of Viet Nam's tariffs are bound. Since 1 September 2016, export 
and import ta xes have been issued in accordance with Articles 10 and 11 of the Law on Export 
Tax and Import Tax (Law No. 107/2016/QH13).  
 
Question : 
10. Is the annual issuance of an MOF circular the result of an annual review of Viet Nam's 
tariff structure? Do tariff rates change much yearly or do they normally stay the same 
from year to year?  
 
Para 3.35 (Page 53)  
Viet Nam bound all its tariff lines at ad valorem rates, with the exception of 15 tariff lines applied 
to second -hand motor vehicles (HS 8703), which are bou nd at the lower of a compound rate 
(150% + USD 15,000) or 200% ad valorem. It reserved the right to apply specific or compound 
import duties on certain "sensitive" goods to address customs fraud. So far, this has not proven 
necessary. Currently, only secon d-hand motor vehicles are subject to applied non -ad valorem WT/TPR/M/410/Add.1  
 
- 134 - 
 
 rates. The non -ad valorem rate for imported used cars is specified in Appendix III to Decree No. 
57/2020/ND -CP, issued on 25 May 2020.  
 
Question : 
11. Does Viet Nam have plans to revise its compound ta riffs with simpler ad valorem tariffs?  
 
Para 3.60 (Page 66)  
Articles 11 to 14 of the Law on Foreign Trade Management stipulate circumstances when 
temporary suspension from export or import can be taken. The suspension of import or export 
may be imposed if products are subject to the urgent control measure for the foreign trade 
management prescribed in Chapter V (Articles 100 -102) of the Law (e.g. products affected by 
war, natural disaster, epidemics, or environmental incidents; products producing serious ef fects 
on health and the environment; and balance of payment reasons). In accordance with the Law 
and MOIT Circular No. 22/2019/TT -BCT, issued on 12 November 2019, international trade and 
temporary import of plywood into Viet Nam for re -export to the United  States is suspended 
between 27 December 2019 and 31 December 2024. In addition, under MOIT Circular No. 
27/2019/TT -BCT, issued on 15 November 2019, some scraps are subject to temporary suspension 
from temporary import, re -export, and border -gate transfer between 1 January 2020 and 
31 December 2024.  
 
Question : 
12. What is the rationale between Viet Nam's (a) suspension of temporary import of plywood 
into Viet Nam for re -export to the United States, and (b) temporary suspension from 
temporary import, re -export, and border -gate transfer of certain scraps?  
 
Para 3.240 (Page 106)  
Viet Nam considers GIs as an important instrument to manage the quality of agricultural products, 
promote their competitiveness, achieve greater economic value in domestic and international 
markets, and preserve relevant culture and traditions. The IP Law provides protection of GIs 
through registration at IP Viet Nam. The authorities note that GIs are protected as certification 
marks. The right to register GIs of Vietnamese orig in belongs to the State, which allows 
organizations and individuals to register GIs. Nonetheless, the party exercising the right to 
register a GI does not become the owner of the GI. The 2019 amendments to the IP Law 
implementing CPTPP undertakings further  clarify that names and indications that have become 
common names of goods widely accepted by consumers in Viet Nam cannot be registered as 
protected GIs. It also supplements grounds for refusing a GI application when the subject matter 
of the application is identical with or similar to a trademark with an earlier filing date or priority 
date and the use of such a GI is likely to cause a confusion as to the origin of products. Once 
registered, the protection has an indefinite duration. By the end of 2019, 7 3 GI certificates were 
issued for Vietnamese products. Six GIs from foreign countries are registered and protected in 
Viet Nam.  
 
Questions : 
13. Since registration is required for GIs to be protected in Viet Nam, were the GIs from FTA 
partners ( e.g., EU) also s ubjected to registration?  
 
14. What are the guidelines being followed by Viet Nam authorities in determining whether a 
name or an indication has become a common name?  
 
Answer:  
Question 13. In principle, in order to be protected in Viet Nam, foreign GIs must al so go through 
the same procedures for registration of GI protection for national GIs according to the IP Law of 
Viet Nam. However, within the framework of FTAs (e.g: EVFTA), Viet Nam and its partners can 
commit to mutual recognition and protection of GIs, under which the procedure for registration of 
GIs can be simplified. Geographical indications in proposed for recognition and protection in FTA 
such as EVFTA do not need to complete the whole registration procedures provided in the IP Law, 
but still have t o be published for the third -party to have opinions and go through assessment of 
protection conditions – similar to the procedures for a national geographical indication application. 
Question 14. The IP Law of Viet Nam provides that names and indications t hat have become 
common names according to the perception of relevant consumers in the territory of Viet Nam 
cannot be protected as geographical indications. There are currently no specific guidelines in 
determining whether a name or an indication has becom e a common name. However, the WT/TPR/M/410/Add.1  
 
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 principles applied in determining whether an indication is a common name are compatible with 
the suggestions in Article 18.33 of the CPTPP Agreement. The practice of the GI application 
examination of IP Viet Nam shows that the  materials used to evaluate whether an indication has 
become a common name are relatively diverse, such as information about the corresponding 
goods on the market, the list of imported and exported goods, list of goods/services under the 
Nice Classificatio n, the database of related marks etc.  
 
Para 3.244 (Page 107)  
Despite copyright protection efforts, infringements in this area are hard to prevent due to the 
complexity of violations. For example, much of the illegal broadcasting of television programmes  
and movies is delivered by overseas website servers that use technologies to avoid detection. On 
19 June 2012, the Ministry of Information and Communications and the Ministry of Culture, Sports 
and Tourism issued a joint circular stipulating the duty of ent erprises providing intermediary 
services to protect copyright and related rights on the Internet and telecommunication networks. 
Inspectors from the two ministries coordinated to handle violations in this area. The authorities 
also learned from other count ries about enhancing enforcement, including through collective 
copyright protection societies.  
 
Questions : 
15. How does the Ministry of Information and Communications and Ministry of Culture, Sports 
and Tourism handle the violations on copyright and related rights especially those that 
are committed in websites outside the territory of Viet Nam?  
16. What are the salient features of the joint circular?  
17. How have the copyright protection societies helped the authorities enhance its 
enforcement during the rev iew period?  
 
Para 3.247 (Page 108)  
Counterfeiting and piracy remain the major IPR infringements. According to the International 
Chamber of Commerce's BASCAP Report, a broad range of counterfeit products continue to be 
sold, e.g., garments, accessories, foo d products, wines and spirits, cosmetics, pharmaceuticals, 
computer software, vehicle spare parts, engine lubricants, electro -mechanical products, and 
consumer electronics. Online piracy is also a serious concern, and the authorities took important 
enforce ment steps over the past few years. In addition, domestic manufacturing of counterfeit 
products is emerging as a concern.  
 
Question : 
18. What are the important enforcement steps taken to address online piracy?  
IV. TRADE POLICIES BY SECTOR  
Para 4.49 (Page 122)  
The future growth of the economy is directly related to its capacity to satisfy its continuously 
growing demand for energy. Energy consumption is forecast to grow at an average annual rate 
of 3% between 2020 and 2029.41 Power shortages remain a challenge for the development of 
the country, and the supply of hydroelectric generation is at its lowest level due to a severe 
heatwave and scanty rainfall in 2019.42 Viet Nam imports power from China and the Lao People's 
Democratic Republic43, as well as  coal and fuel for energy production. It now prioritizes coal and 
gas resources for domestic energy generation. In the medium term, it is expected that the country 
will remain a net importer of coal, while imports of oil and natural gas will rise.44 In 201 7, 36.1% 
of domestic energy production came from coal, with oil (25.3%), natural gas (10.0%), 
hydropower (9.8%), and biofuels and waste (18.8%) supplying the remainder.45 In 2017, final 
energy consumption was: 30.8% petroleum products, 23.2% electricity, 2 3.1% coal, 1.6% gas, 
and 21.2% biofuels and waste. In 2018, industry accounted for 55.0% of final energy 
consumption, and the remainder was absorbed by transport (19.8%) and residential consumers 
(18.4%).46 SOEs remain key players in the energy sector (Sec tions 4.2.2.1 and 4.2.2.2).  
 
Question : 
19. What are the key constraints and challenges with respect to the development of renewable 
energy in Viet Nam? Further, since Viet Nam continues to prioritize coal and gas resources 
for domestic energy regulation, are there any plans or initiatives that are being considered 
to reduce reliance on these resources in favor of renewable energy?  
 
 
 WT/TPR/M/410/Add.1  
 
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 Para 4.93 (Page 131)  
Through international cooperation, the Industrial Development Strategy aims at promoting 
technology transfer to support research, development, application, and innovation in the pilot 
production of components, spare parts, and materials. However, projects involving technology 
transfer have not yet been submitted to the authorities.  
 
Question : 
20. What sectors or industries are being prioritized or assessed for technology transfer? 
Further, what other activities aside from technology transfer are being targeted or 
considered for proposal within the ambit of international cooperation? What mechanisms 
will be employed to ensure that there is indeed transfer of technology?  
 
Answer:  
Sectors or industries are being prioritized or assessed for technology transfer include:  
 - High technology; machinery and equipment accompanied by high techno logy. 
 - Advanced technology, new technology, clean technology suitable to Viet Nam's socio -economic 
conditions.  
 - Technology; machinery and equipment attached to one of the following subjects: technical 
know -how, technological know -how; technological pla ns and process; technical solutions, 
parameters, drawings, or diagrams; formulare, computer software and data information; solutions 
for production optimization and renovation of technologies.  
 
Para 4.153 (Page 145)  
The Government intends to develop softwa re and digital content outsourcing services to enable a 
thriving telecommunications industry; it also aims to ensure equal and affordable access for its 
citizens. Private/foreign participation in all market segments is open except for: listed 
telecommunica tions services with network infrastructure in which the State keeps a dominant 
position (65% or more of share -ownership); services subject to cross -ownership regulations; and 
areas with foreign investment limitations set in accordance with Viet Nam's commi tments under 
relevant international treaties.177 The market is dominated by three state -owned operators: the 
Viet Nam Post and Telecommunications (VNPT) and MobiFone Telecommunications Corporation 
under the CMSC178, and the Ministry of Defence -owned Viette l. Jointly, they control more than 
95% of the market in three of the telecoms subsectors (fixed telephone, mobile telephone, and 
mobile broadband). In the fixed broadband services, VNPT and Viettel currently have 80% market 
share, and a private company, FP T, accounts for 15.5% of this segment.179 VNPT is the main 
actor in the two segments related to fixed connections, while Viettel is the dominant actor in 
mobile subscriptions (52% -55% of market share). Viettel is the major telecommunications 
company in Vie t Nam, and its revenues in 2018 represented 55% of the sector's total revenue.  
 
Question : 
21. What measures are being undertaken by Viet Nam to ensure market diversity and 
competition in the telecommunications sector? Further, can Viet Nam cite the 
challenges/ difficulties and advantages to having state -owned enterprises in the 
telecommunications market?  
 
Para 4.162 (Page 147)  
The development of physical infrastructure for the transport sector is a key to sustaining economic 
growth. Although needs were already identified by national policymakers in the Transport 
Development Strategy to 2020, Vision to 2030, projects continued to be planned and executed 
largely in isolation without a strategic multimodal approach and with little regard to supply -
demand co nsiderations. This has contributed to perpetuating some transport bottlenecks: 
fragmentation of services, underutilization of existing infrastructure, and substandard provision 
of services.191 Traffic congestion around ports and along the connecting nation al highway 
systems exacerbates cargo movement, causes delays, and negatively affects urban mobility of 
major cities. Transport and logistics need to be expanded and upgraded to support the country's 
transformation and to ensure that it remains competitive with respect to its peers in the region.  
 
Question : 
22. What is Viet Nam's overall vision for its transport sector? How does Viet Nam intend to 
position itself in the regional/global value chains for transport and its supporting 
industries?  
 WT/TPR/M/410/Add.1  
 
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 Answer:  
Transport constitutes an important section of the socio -economic infrastructure, and one of the 
three areas of breakthrough, which requires fast yet sustainable investment and development in 
advance to facilitate socio -economic development, maintaining nat ional defence and security, 
serving the national journey of industrialisation and modernisation.  
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT  
I. OVERVIEW OF VIET NAM IN THE GLOBAL TRADING SYSTEM  
Para 1.6 (Page 7)  
The active implementation Viet Nam has shown in the international economic integration process 
during recent years has contributed to bringing about positive impacts on economic growth and 
modernization of the country. Fundamental impacts include: expandin g export markets for 
Vietnamese goods, assisting in Viet Nam 's deeper participation in the global value chain and 
production network; increasing export value of key products, thereby transforming the economic 
structure in a more positive manner; improving the business investment environment in the 
direction of more simplicity, transparency, and convenience for domestic and foreign enterprises; 
taking advantage of a large amount of investment capital, technology, knowledge, and 
management experienc e; creating more jobs and increasing income for the people; stabilizing 
social security; creating opportunities for consumers to access goods and services of high quality 
and competitive prices, so on and so forth.  
 
Question : 
23. Viet Nam has emphasized that i ts success in international economic integration lies in 
linking its global value chain players and its production network. What specific measures 
or strategies were implemented by Viet Nam to achieve this?  
II. VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
Para 2.19 (Page 12)  
Especially in the period of 2016 -2020, about 234 documents have been drafted and promulgated 
and the National Assembly has passed 26 laws therein related to economic restructuring with 
many important laws that contribute to promoting economic restructuring such as: Law on Public 
Investment; Law on State Budget; Law on Investment and State Capital Investment in 
Enterprises; Law on Provision of Assistance for Small and Medium -sized Enterprises (SMEs); Law 
on Technology Transfer; Law on Investment; Law on Enterprises; Law on Credit Institutions; Law 
on Planning; Law on Public -Private Partnership Investment; Law on Labour Code; etc. Notably, 
the Government has promulgated and implemented all proje cts and plans for restructuring sectors 
and fields, such as SOE restructuring plan, public investment restructuring and credit institution 
restructuring associated with bad debt settlement and restructuring the industry, agriculture and 
service.  
 
Questions : 
24. What specific law was enforced for SMEs?  
25. Further, was there assistance provided to the SMEs especially during the time of 
pandemic?  
 
Para 2.36 -2.37 (Page 17)  
During the 2013 -2019 period, Viet Nam initiated 9 anti -dumping investigations. As of 31 
Decembe r 2019, based on the final findings of the investigations, 5 definitive anti -dumping 
measures have been applied. The 4 remaining cases have been under investigation.  
 
In the same period, Viet Nam initiated 4 safeguards investigations. As results of the findings, 
4 safeguards measures have been applied.  
 
Questions : 
26. Is the trade remedy authority that conducts anti -dumping and safeguard investigations 
one and the same? If so, can the technical staff that handles an anti -dumping investigation 
be also assigne d to safeguard investigation and vice versa?  
 
27. What is the timeline of investigations from the date of initiation up to the completion of 
investigation (i.e., final determination for purposes of the imposition of a definitive 
measure)?  
 WT/TPR/M/410/Add.1  
 
- 138 - 
 
 28. In a safeguard inve stigation, is the submission of an adjustment plan a requirement? If 
yes, can any concerned party other than the domestic industry submit an adjustment 
plan?  
 
Answer:  
26. The Trade Remedy authority of Viet Nam  (TRAV) conducts both anti -dumping and safeguar d 
investigations. There are two separate divisions under the TRAV conducting investigations. One 
division is assigned to injurry and safeguard investigations. The other is assiggned to dumping 
and subsidies investigations.  
 
27. The timeline of investigation is provided in Article 70 of the Law on foreign trade management 
and in certain articles in Sections 3 and 4 of Chapter II (Anti -dumping and Countervailing 
Investigation and Imposition), Sections 1 and 2 of Chapter III (Safeguard Investigatio n and 
Imposition), and Section 2 and 3 of Chapter IV( Review of Trade Remedies Measures) of Decree 
No 10/2018/ND -CP. 
28. The investigating authority may request the domestic industry to supply such a plan during 
the investigation in order to consider the n ecessary of safeguard measure.  
 
Para 2.95 (Page 26)  
Viet Nam commits to 3 service sub -sectors related to air transport services under the WTO  
framework, including: (i) sales and marketing services, (ii) computer reservation services,  
(iii) aircraft maintenance and repair services (CPC 8868**).  
 
Question : 
29. Noting target to realize the goal of developing the aviation industry, Viet Nam mentioned 
that it has been encouraging qualified foreign investors and enterprises to provide aircraft 
mainten ance and repair services in Viet Nam. In this regard, may we seek further 
information on extent of commitments of Viet Nam under CPC 8868** ( i.e., aircraft 
maintenance and repair services)? Does the Law on Viet Nam Civil Aviation in 2006, 
amended in 2014, coming into effect from 1 July 2015 also allow for no restriction on the 
foreign capital contribution ratio for enterprises?  
 
Para 2.42. (Page 18)  
Currently, Viet Nam is applying measures to limit the imported amount in the form of tariff quotas 
(replacing  the form of import permission) for raw tobacco, poultry eggs, raw and refined  
sugar  and salt.  
 
Para 2.120. (Page 31)  
Regarding tariff elimination commitments, Viet Nam has eliminated import duties for 98% of tariff 
lines on 1 January 2018. Besides, on 1 January 2020, Viet Nam officially removed the tariff  
rate quotas (TRQ) on sugar originated in ASEAN countries.  
 
Question : 
30. Under ATIGA, these quotas should have been eliminated. However, the report only 
highlights the quota on sugar as having been removed, possibly as it is the most recent 
action of Viet Nam. Is it correct to say that the quotas for the other products mentioned 
in paragraph 2.42 have also been eliminated under the ATIGA? Further, have these import 
quotas been removed or have be en committed to be removed in Viet Nam's other FTAs?  
 
Answer : 
- As committed under the ATIGA, Viet Nam has eliminated tariff rate quotas for all products 
mentioned in paragraph 2.42 (raw tobacco, poultry eggs, raw and refined sugar and salt). 
However, Viet Nam did not undertake such commitment in the other ASEAN + 1 FTAs.  
- Under the CPTPP: in -quota tariffs shall be eliminated in 11 annual stages, and duty -free 
effective January 1 of year 11;  
- Under the EVFTA: in -quota tariffs shall be eliminated in 11 equal annual stages beginning 
on the date of entry into force of the Agreement  
 
In other FTAs, Viet Nam retains the application of tariff quota in accordance with its WTO 
commitments to the number of quotas, the mode of administration, other terms an d conditions 
related to the allocation of tariff quota.  
 WT/TPR/M/410/Add.1  
 
- 139 - 
 
 Para 2.122 (Page 31)  
Regarding the non -tariff measures (NTMs), with the support of the ASEAN Regional Integration 
Support from the European Union (ARISE Plus), Viet Nam and ASEAN countries are develo ping 
the ASEAN Trade Repository (ATR) as stipulated in Article 13 of the ATIGA with the aim of 
improving transparency in ATIGA implementation. In addition, ASEAN countries have worked 
together to resolve outstanding NTMs -related cases by applying the Princ iple 4 of the NTMs 
Guidelines through the Coordinating Committee on the implementation of ATIGA (CCA).  
 
Question : 
31. Were there any trade facilitation initiatives that Viet Nam enforced to streamline and to 
address the increasing number and barrier effects o f NTMs?  
 
Answer : 
The Government of Viet Nam issued Resolution No. 19/NQ -CP dated 12 March 2015, Resolution 
No. 19 -2016/NQ -CP dated 28 April 2016 of the Government, Decision No. 2026/QD -TTg dated 17 
November 2015 of the Prime Minister on the approval for the scheme for enhancement of 
effectiveness and efficiency of specialized inspection of exported and imported goods.  
In the first quart er of 2017, Viet Nam  promulgated the list of import and export goods subject to 
specialized inspection at customs clearance with the aim of checking as little as possible, 
simplifying procedures, and shortening inspection time; shifting strongly to post -check; reviewing 
and amending regulations on receipt of declaration of conformity for imported goods with the 
criteria of abolishing or simplifying procedures. Related to TBT measures of WTO members, 
Viet Nam holds annual seminars to disseminate Eping of WTO  and ITC to enterprises and 
associations throughout Viet Nam in order to make them aware of technical barriers. In 2020, 
Viet Nam cooperates with ITC to develop the Vietnamese version of Eping.  
 
Para 2.129. (Page 32)  
At the 26th ASEAN Economic Ministers (A EM) Retreat held in March 2020 in Da Nang, ASEAN 
Economic Ministers proposed the "ASEAN -X" solution, in which 9 ASEAN countries and the 
Republic of Korea will move forward work on further liberalization of Sensitive Track products 
under AKTIGA. Viet Nam wi ll join later when the bilateral issue with the Republic of Korea is 
resolved. At the 17th AEM – Republic of Korea Consultation Meeting held on 29 August 2020, the 
Republic of Korea agreed with the ASEAN's proposal, both sides agreed to prioritize the the signing 
of the RCEP in 2020 and, therefore proposed to defer negotiations for further liberalization to 
2021.  
 
Question : 
32. The 26th AEM Retreat agreed as follows: "The Ministers agreed to follow the "ASEAN -X" 
approach so that those AMS that are ready to purs ue further liberalisation of the Sensitive 
Track Products with Korea may proceed to do so, with the understanding that only those 
who participate in this exercise can enjoy the benefit from it.". In this respect, it may not 
be the case that the other 9 AMS  will proceed with the exercise. We would suggest that 
Viet Nam look into this matter further noting that other AMS have expressed difficulty to 
join in the exercise if not all Parties participate.  
Further, at the 17th AEM-ROK Consultations, it was reflect ed in the Summary of 
Discussions (SOD) that "The Ministers also noted Korea's preference, as a matter of 
principle, for all Parties to participate in the further liberalisation exercise".  
 
Answer : 
Viet Nam would consider the suggestion.  
 
Para 3.3. (Page 44)  
Viet Nam will continue to participate in mechanisms, gathering forces, groups of 
countries/negotiating groups in the WTO suitable with its development capabilities and 
qualifications, prioritizing ASEAN and ASEAN -led mechanisms (such as ASEAN+1 w ith partners), 
thereby enhancing Viet Nam's position, contributing to further the global role of ASEAN.  
 
Question : 
33. How does Viet Nam specifically prioritize ASEAN and ASEAN -led mechanisms? If this 
principle inscribed in policies or legislation adopted by Viet Nam?  
 
 WT/TPR/M/410/Add.1  
 
- 140 - 
 
   Answer:  
Joining the ASEAN in 1995 was Viet Nam's first step in her international economic integration 
progress. Since then, Viet Nam has become an active, proactive, and responsible member of the 
ASEAN. We have fully and extensively participated in this forum towards the goal of peace, 
development, and prosperity of the community. The commitments of Viet Nam under the ASEAN's 
free trade agreements have been among the highest and most comprehensive one that Viet Nam 
has mad e under the other FTAs. As an active and constructive member of the ASEAN, Viet Nam 
successfully organized the 6th ASEAN Summit in Ha Noi in December 1998. After that, we took on 
the role of ASEAN Chair in 2010 and last year in 2020, despite challenges cau sed by the Covid -
19 pandemic, with the support and cooperation from all AMS, we once again successfully 
accomplished the ASEAN Chairmanship, contributing towards the solidarity, unity and effective 
coordination within ASEAN in the spirit of the theme "Cohe sive and Responsive". Especially, Viet 
Nam worked closely with other member countries to uphold the ASEAN leadership and close 
cooperation with five ASEAN partners including Australia, China, Japan, Republic of Korea, and 
New Zealand to conclude the negoti ation and sign the Regional Comprehensive Economic 
Partnership (RCEP) Agreement in November 2020. The above -mentioned significant contribution 
of Viet Nam to ASEAN has demonstrated our priorities given to it. We attached great importance 
to ASEAN and this viewpoint has been set out in resolutions and directives of the Communist Party 
and the Government of Viet Nam, namely the Resolution No. 07 -NQ/TW on 27 November 2001, 
Resolution No. 22 -NQ/TW on 10 April 2013, Resolution No. 06 -NQ/CP on 22 January 2016, th e 
Directive No. 26/CT -TTg on 4 September 2018 and so forth, which underscored the special 
attention and priority to be given to VN's participation in building the ASEAN community, 
promoting our role in ASEAN as well as mechanisms and forums in which ASEAN plays the central 
role, in order to strengthen and further advance peace, cooperation and development in the 
region.  WT/TPR/M/410/Add.1  
 
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 24  SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU  
PART I: REGARDING THE SECRETARIAT REPORT (WT/TPR/S/410)  
 
2.3.1 WTO  
Page 3 6 (Para 2.23)  
Viet Nam submitted its instrument of acceptance of the Agreement on Trade Facilitation (TFA) in 
December 2015, and ratified the amendment of the TRIPS Agreement in January 2017. It 
participates in the Information Technology Agreement (ITA), but not in the Agreement's expansion 
(ITA 2), nor is it a contracting party to the WTO plurilateral Agreements on Government Procurement 
(GPA) and on Trade in Civil Aircraft.  
 
Question(s) : 
Viet Nam is a major exporter of IT products. The ITA and ITA 2 products accounted for approximately 
36% of Viet Nam's total exports in 2019. Viet Nam is currently a member of the ITA 1. Joining the 
ITA 2 may bring benefits to Viet Nam. Does Viet Nam plan t o participate in the ITA 2 in the future?  
 
Answer : 
Viet Nam is studying the list of ITA2 products. The list of ITA2 products includes not only ICT products 
but also multi -components related to other industries, and therefore Viet Nam needs more time to 
study and consideration.  
2. TRADE AND INVESTMENT REGIMES  
2.4 INVESTMENT REGIME  
Page 44 (Para 2.77)  
Registration requirements for mergers and acquisitions were clarified in the current law and, unless 
foreign capital participation is equal to or greater than 51%, only an amendment of enterprise 
registration is needed.  
 
Question(s) : 
1. Do registration requirements for mergers and acquisitions also subjected to two -tier registration 
procedure (as mentioned on Page 43, Para 2.76)?  
 
2. If so, please elaborate on the procedure, and the differences from that of other business activities.  
 
Answer : 
Investment procedures for mergers and acquisitions containing foreign investors shall comply with 
the procedures specified in Article 26 of the 2014 Law on Inv estments. Accordingly, capital 
contribution, purchasing shares or purchasing stakes of a business entity only needs to meet the 
market accessing conditions without having to go through the procedures for approval of investment 
as if it is the case regardin g formulating a new investment project.  
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.5 Import prohibitions, restrictions, and licensing  
 
Page 63 (Para 3.56)  
3.56. Viet Nam applies import prohibitions, restrictions,  and licensing in accordance with: the Law 
on Foreign Trade Management (Law No. 05/2017/QH14, issued on 12 June 2017, and entered into 
force on 1 January 2018); and other documents including Decree No. 69/2018/ND -CP (detailing a 
number of articles of the L aw on Foreign Trade Management), issued on 15 May 2018 (replacing  
Decree No. 187/2013/ND -CP). 
 
Question:  
As import regulations for particular goods are stipulated in different laws and decrees, does Viet 
Nam provide a trade portal for the public to search the import regulation and procedures for a specific 
good (through HS Code, country of origin, etc.) in order to facilitate trade?  
Answer:  
Currently, in order to facilitate commercial activities, the portal o f the General Department of 
Customs and the Viet  Nam Trade Portal (Portal VTIP - www.vietnamtradeportal.gov.vn)  has posted 
legal documents (such as Law, Decree, Circular ...); tax (on two versions of Vietna mese and English) 
so that readers can look up and search conveniently.  WT/TPR/M/410/Add.1  
 
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 4. TRADE POLICIES BY SECTOR  
4.4 Services  
4.4.4 Financial Services  
4.4.4.1 Banking  
 
Page 138 (Para 4.129)  
Foreign credit institutions continue to be allowed to establish a commercial pr esence in Viet Nam in 
a number of forms, including representative offices, branches of foreign commercial banks, 
commercial joint -venture banks with foreign capital contribution not exceeding 50% of charter 
capital, and banks with 100% foreign -owned capita l. A 100% foreign -owned bank is accorded full 
MFN and national treatment with respect to establishment of a commercial presence. Foreign credit 
institutions are permitted to issue credit cards on a national treatment basis. Foreign bank branches 
are grante d national treatment and allowed to raise deposits in local currency. The authorities state 
that the current restrictions are in line with the reservations it made in the WTO, including restrictions 
on the equity participation of foreign investors in comme rcial banks of Viet Nam, and restrictions on 
the opening of branch offices outside the head office of a foreign bank. These conditions did not 
change during the review period.  
 
Question(s) : 
Viet Nam has reserved limitations on national treatment with regard to its "conditions for the 
establishment of a branch of a foreign commercial bank in Viet Nam" in its WTO commitments, could 
Viet Nam further elaborate on these conditions?  
Does Viet Nam have any plans to gradually ease these restrictions? Does Viet  Nam consider granting 
more licenses for foreign banks to open branches in the country to promote more competition in the 
banking sector?  
 
Answer:   
In Viet Nam's WTO Schedule of Commitments for Services, Viet Nam reserves limitations on national 
treatment  with regard to the conditions for the establishment of a branch of a foreign commercial 
bank in Viet Nam. Specifically, the parent bank has total assets of over USD 20 billion by the end of 
the year prior to the filing date. This regulation aims to attrac t large, reputable and financially 
capable banks to operate in Viet Nam, ensure safe operations and support the development of the 
system of credit institutions (CIs).  
 
The licensing conditions for a foreign bank branch are similar to those for other CIs, except for the 
conditions that the parent bank must have at least USD 20 billion in total assets in the year 
immediately before submitting the application and up to the time of being licensed. However, this is 
a condition that most middle -sized banks in th e world can achieve and does not make it difficult to 
establish a commercial presence in Viet Nam under the form of foreign bank branches.  
 
In order to promote competition in the banking sector, Viet Nam continues studying and granting 
licenses to establis h new foreign bank branches in accordance with current regulations and 
international commitments together with criterion and conditions under Circular No.40/2011/TT -
NHNN dated December 15, 2011. Up until now, the SBV has not had any plans to loosen or ease  
limitations on the conditions for establishing foreign bank branches in Viet Nam.  
 
PART II: REGARDING THE GOVERNMENT REPORT (WT/TPR/G/410)  
II. VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
 
2.2.3.1 Multilateral trading system  
 
Page 30 (2.115.)  
In addition, Viet Nam has also actively participated in the multilateral negotiation on fishery subsidies 
and has studied discussions on e -commerce, domestic regulations, etc.  
 
Question(s) : 
Could Viet Nam please elaborate on why it has not joined the WTO Joint Statement Initiative (JSI) 
on e-commerce since it participates in the CPTPP and has met the high -standard e -commerce 
provisions set by the CPTPP?  
 WT/TPR/M/410/Add.1  
 
- 143 - 
 
 Answer : 
Viet Nam would highly appreciate WTO Joint initiatives by the WTO members (i ncluding Joint 
Statement Initiative on e -commerce), which help to improve the effectiveness of economic 
integration in the regional and world. Currently, Viet Nam has been studying and reviewing all issues 
relating to WTO and other international trade inte rgration in order to consider participation in 
respective WTO Joint initiatives in appropriate time in future.  
 
2.2.3.2.1 Overview on process of negotiation, signing and implementation of Viet Nam's 
free trade agreements  
 
Page31 (2.116.)  
Viet Nam has activ ely participated in many FTAs, both at bilateral and multilateral levels, including 
regional trade agreements and has secured itself as one of the high performer in the Asia -Pacific 
region.  
 
Question : 
Would Viet Nam please comment on how Viet Nam would ad just its trade policy and system in 
response to the burgeoning regional economic integration which has drawn much attention over the 
years?  
 
Answer : 
We continue our reform policy and commit to the deeper and wider international economic 
integration process . 
 
PART I: REGARDING THE SECRETARIAT REPORT (WT/TPR/S/ 410) 
 
Summary  
 
Page 9 (Para 10) 
Viet Nam's investment regime was substantially updated by revising both the Enterprise Law and 
the Investment Law in July 2015. The legislation aims to attract FDI by equalizing business conditions 
for SOEs, foreign -invested enterprises, and the domestic private sector. The number of restricted 
activities was reduced, compared with that in the previous framework. The general cap of 49% for 
foreign acquisition of public companies operating in unconditional sectors was abolished in 2015; 
however, foreign participation in some sectors remains capped at levels between 30% and 51%. 
Moreover, the number of eligible fields for the implementation of public -private partnership (P PP) 
projects was increased in 2018. On 1 January 2021, a revised Enterprise Law, a revised Investment 
Law, and a new Law on Investment in the Form on Public -Private Partnership entered into force. 
Viet Nam signed five bilateral investment agreements during  the review period.  
 
Question(s) : 
(1) Is the energy sector restricted to the cap of 30 -51% for foreign investment?  
(2) If so, is there any plan to relax the restriction in the future?  
 
Page 10 (Para 22) 
Viet Nam maintains price controls on certain goods and services. According to the authorities, price 
controls are primarily achieved in an indirect manner. The Ministry of Finance at the national level 
and the Department of Finance at the provincial level are the competent authorities for implementing 
price ma nagement. The authorities note that price stabilization is currently applied only to refined 
petroleum products. It is estimated that continuing price liberalization would add about 2 percentage 
points to the Consumer Price Index.  
 
Question(s) : 
Could Viet Nam elaborate on how to operates the pricing mechanism for refined petroleum products 
while complying with WTO obligations?  
 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.3 Sanitary and phytosanitary requirements  
 
Page 87 (para 3.154)  
To import plants or plant products, the importer must make a declaration to the DPP at least 24  hours WT/TPR/M/410/Add.1  
 
- 144 - 
 
 before the import is made and then, within the next working day, the authority will notify the location 
and time to conduct the quarantine. According to Article 26 of the Law on Plant Protection and 
Quarantine, an import consignment of plants must: (i) be accompanied by a plant quarantine 
certificate from the competent authority of the exporting country; (ii)  be free of regulated pests and 
harmful organisms; (iii) have an import plant quarantine permit from the PPD for objects subject to 
pest-risk analysis; and (iv) have packaging that complies with national technical regulations. MARD 
Circular No. 30/2014/TT -BNNPTNT contains the list of objects subject to plant quarantine and those 
subject to pest -risk analysis. The latter includes living plants; fresh fruits and bulbs; weeds and 
weed seeds; beneficial organisms, biological agents, or living organisms harmful to plant resources; 
and objects with a high risk of carrying a regulated pest.  
 
Question : 
Please indicate the review items and time required for issuing a plant quarantine import permit. If 
the review result is not satisfactory and import permit is not granted, does the Plant Protection 
Department of MARD give reasons to the applicant? Can the applicant appeal to the Plant Protection 
Department of MARD when the issuance is not granted?  
 
Answer : 
1. For regulations relating to the requirements on plant qua rantine import permit, please refer to:  
- Circular No. 33/2014/TT -BNNPTNT dated 30 October 2014 of the Minister of Agriculture and 
Rural Development regulating the order and procedures for plant quarantine for import, 
export, transit and post -import Objects subject to plant quarantine, effective from1 January 
2015;  
- Circular No. 34/2018/TT -BNNPTNT dated 16 November 2018 of the Minister of Agriculture 
and Rural Development amending and supplementing a number of articles of  
- Circular No. 33/2014/TT -BNNPTNT dated  30 October 2014 and Circular No. 20/2017/TT -
BNNPTNT dated 10 November 2017 of the Minister of Agriculture and Rural Development, 
effective from 1  January 2019;  
- Circular No. 15/2020/TT -BNNPTNT Promulgating National Technical Regulations on 
requirements for  imported phytosanitary objects  
 
2. Specifically, Circular No. 02/VBHN -BNNPTNT providing for the order and procedures for plant 
quarantine for import, export, transit and post -import of plant quarantine subjects:  
According to Article 7, Section 4: The plan t quarantine agency shall issue the Phytosanitary 
certificate for import, transit and inland transportation (under the form specified in Appendix II 
issued together with this Circular) within 24 hours from the commencement date for objects not 
infected wit h plant quarantine objects or objects subject to control of Viet Nam or strange, harmful 
organisms.  
If the review results is not satisfactory, or In case it lasts more than 24 hours due to technical 
requirements or if the plant quarantine certificate is no t issued, the plant quarantine body must 
notify or reply in writing and clearly state the reasons for the owner of those objects subject to 
quarantine know.  
 
3. The applicant can contact and discuss with the Plant Protection Department regarding their 
application status and submitting missing documents if necessary.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3.7  Intellectual property rights (IPRs)  
3.3.74 Copyright and related rights  
Page 107 (Para 3.2 44) 
On 19 June 2012, the Ministry of Information and Communications and the Ministry of Culture, 
Sports and Tourism issued a joint circular stipulating the duty of enterprises providing intermediary 
services to protect copyright and related rights on the Internet and telecommunica tion networks  …. 
 
Question(s) : 
Article 5 .3 of the Joint Circular "Stipulating Duty of Enterprises Providing Intermediary Service in 
Protection of Copyright and Related Rights in the Internet and Telecommunication Network 
Environment" issued on June 19, 2012 provides that "Removing and deleting con tent of digital 
information which violates copyright and related rights, cutting, stopping and suspension of the 
Internet line, telecommunication line as receiving request in written of the inspector of the Ministry 
of Information and Communications or ins pector of the Ministry of Culture, Sports and Tourism or 
other competent State agencies as prescribed by law." Could you please explain  how do those WT/TPR/M/410/Add.1  
 
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 authorities identify content constituting or involv ing copyright infringement  that needs to apply the 
clause and should be , for example, removed or deleted by the ISPs.  
 
4.   TRADE POLICIES BY SECTOR  
4.2  Mining and Energy  
4.2.2   Energy  
4.2.2.1. Electricity  
 
Page 127 (Para 4.68) 
The Renewable Energy Development Strategy to 2030, Vision to 2050, also set objectives for the 
development of renewables, and some sector -specific policies have been implemented since 2016. 
For instance, Prime Minister's Decisions No. 11/2017/QD -TTg, No. 37/20 11/QD -TTg, and 
No. 39/2018/QD -TTg stipulate favourable conditions for the development of solar -power and wind 
power projects, notably by guaranteeing a feed -in tariff scheme through long -term contracts to 
renewable energy producers.  
 
Question(s) : 
(1) Please in dicate whether the feed -in tariff scheme through long -term contracts to renewable 
energy producers applies to both local and foreign -invested renewable energy producers.  
(2) Are the feed -in tariff rates the same for both local and foreign -invested renewable energy 
producers?  
 
Answer:  
According to current legal regulations, the Ministry of Industry and Trade is responsible to the 
Government for performing the state management of electricity activities and electricity use, 
including e lectricity prices. Therefore, the application of regulations on the selling price of electricity 
produced from renewable materials, the policy on electricity prices of renewable energy falls within 
the scope of the response of the Ministry of Industry and Trade.  
  WT/TPR/M/410/Add.1  
 
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 25  SINGAPORE  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
Questions : 
 
2.3.2.2 Comprehensive and Progressive Agreement for Trans -Pacific Partnership 
(CPTPP)  
 
Page 39 (Para 2.39)  
 
The CPTPP entered into force for Viet Nam in January 2019. Could Viet Nam share more about 
what steps it will take during the 5 -year transition period to ensure its laws pertaining to data 
localisation & data storage are consistent with CPTPP's Articles 14.11 and 14.13?  
 
2.4 Investment Regime  
 
Page 42 (Para 2.68)  
Question:  
1. How does Viet Nam plan to make its laws more transparent and readily accessible, 
especially to foreign investors?  
 
Answer:  
Legislative documents are announced publicly on information portals, ensuring easy access 
for investors, for instance: official gazettes, portals of National Assembly, of Office of 
Government, of ministries and provinces; MPI's FDI portal, VCCI's portals, etc.  
 
3.3 Measures Affecting Production and Trade  
Page 76 (Paras 3.116 & 3.117)  
 
Question:  
2. We note that Viet Nam's Investment Law 2014 sets out the eligibility criteria and a 
positive list of sectors for investment incentives. How did Viet Nam select which 
sectors to support and develop? What are Viet Nam's considerations when extending 
investment incentives  to projects in sectors not identified in Viet Nam's positive list?  
 
Answer:  
Investment incentives are determined in accordance with Articles 15 and 16 of the 2014 Law 
on Investment.  
 
3.3.3 Sanitary and phytosanitary requirements  
Page 85 (Para 3.148)  
 
Question:  
3. Could Viet Nam share more about the scientific basis and risk assessment of its 
Sanitary and Phytosanitary standards for meat and meat products? We would also 
appreciate if Viet Nam could clarify and elaborate further on its "product quality, 
safety and hygiene" import requirements pertaining to meat and meat products.  
 
Answer:  
Viet Nam conducts risk analysis and set ups the SPS standards for meat products based on 
the following criteria:  
 - Guidelines from the  World Organization for Animal Health (OIE).  
 - The Agreement on the application of Sanitary and phytosanitary measures (SPS 
Agreement) of the World Trade Organization (WTO).  
 - Regulations of Viet Nam relating to the import of animal products (Law on Anim al Health, 
Law on livestock production, Law on Food Safety)  
 For ensuring the "product quality, safety and hygiene" import requirements, it's required 
that the documents for these products have:  
 - Clearly identify the specific type of animal product that is subject to the hazard analysis. 
Use scientific names to describe the pathogen in the analysis.  
 - Description of natural characteristics, origin and use purpose of animal products, quality WT/TPR/M/410/Add.1  
 
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 assurance technical processes applied in the production and proc essing (such as GMP, 
HACCP, ISO ... .) when performing a hazard analysis.  
For further information relating to the scientific basis and risk assessment of Viet Nam SPS 
standards for meat and meat products, please refer to the National Standard No.TCVN 
8711-2:2011 on Animal and animal products - Part 2: Import risk analysis process for 
animal products.  
 
4.2.2.1 Electricity  
 
Page 123 (Para 4.55)  
 
4. The WTO Secretariat Report notes that adverse climate conditions had impacted the 
production capacity of hydropower generation in Viet Nam drastically, and hence 
prompted the Vietnamese Government to increase reliance on coal, oil and gas for 
energy produc tion. Would this impact Viet Nam's overall plans to promote the 
development of renewable energy in the medium to long -term, and if so, how?  
 
4.4.6.1 Maritime transport  
 
Page 148 (Para 4.166)  
 
Question:  
5. The WTO Secretariat Report notes that the Viet Nam M aritime Administration 
(Vinamarine) is currently reviewing applied shipping fees and surcharges as a first 
stage for the drafting of an amendment and a supplement to MOT Circular 
No. 54/2018/TT -BGTVT. We would appreciate it Viet Nam could share the status of 
their review, the expected completion date of the review, and its considerations for 
the review.  
 
Answer:  
Currently, Vinamarine has submitted a proposal to MOT on this matter, and is in the process 
of consultation with appropriate Ministries and agencies. The adoption of such Circular 
depends on the consensus of Ministries and agencies in consideration of other external factors 
such as the COVID -19 pandemic, etc. Expected to be adopted in 2021.  
 
Page 148 (Para 4.167)  
 
Question:  
6. The WTO Secretariat Report notes that cabotage is open only to ships flying the 
Vietnamese flag. We would appreciate if Viet Nam could share whether there are 
plans to allow foreign -flagged vessels to operate on cabotage routes in future.  
 
Answer:  
Up to now, Viet Nam has no plans to open market access on the internal transportation 
services.  
 
4.4.7 Distribution services  
 
Page 155 (Para 4.197)  
Question:  
7. Could Viet Nam share more about why foreign -invested enterprises are prohibited 
from distributing pharmaceutical products?  
Answer:  
"According to Viet Nam's international commitments (WTO, EVFTA, CPTPP): Viet Nam has 
reserved (not yet opened) the right to distribute pharmaceutical products of economic 
organizations with foreign investment. According to the provisions of Article 91.10 of Decree 
54/2017/ND -CP dated May 8, 2017 detailing a number of Articles and measures to implement 
the Law on Pharmacy:  
"10. Establishments that have importation right but not are allowed to exercise the right to 
distribute  drugs, drug raw materials shall not be allowed to perform activities directly related WT/TPR/M/410/Add.1  
 
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 to the distribution of drugs, drug raw materials in Viet Nam, except for the drugs, drug raw 
materials they themselves manufacture in Viet  Nam, covering:  
a) Selling dru gs, drug raw materials, delivery of drugs, drug raw materials to medical service 
establishments, retailers, individuals, organizations that are not wholesalers of drugs, drug 
raw materials;  
b) Receiving purchase orders, accepting to settle payments for drugs, drug raw materials for 
medical service establishments, retailers, individuals, organizations that are not wholesalers 
of drugs, drug raw materials.;  
c) Transporting, providing storage s ervice of drugs, drug raw materials;  
d) Determining, imposing selling price of drugs, drug raw materials that are distributed by 
other pharmaceutical business establishments;  
đ) Making decisions on distribution strategies, trading policies of drugs, drug  raw materials 
that are distributed by other pharmaceutical business establishments;  
e) Developing supply plans of drugs, drug raw materials for medical service establishments 
in Viet Nam;  
g) Providing financial assistance under any forms to organizations , individuals who purchase 
drugs directly from them with the aim of manipulating the distribution of imported drugs, 
drug raw materials;  
h) Perform other acts relating to the distribution of drugs according to the provisions of the 
law." 
  WT/TPR/M/410/Add.1  
 
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 26  SWITZERLAND  
Report by the Secretariat (WT/TPR/S/410)  
 
1 ECONOMIC ENVIRONMENT  
 
1.1 Main Features of the Economy  
 
Para. 1.4 : 
Question:  
Various measures aim to promote the participation of women in the labor market (e.g. preferential 
treatment in the bidding procedure). With regard to the figures in paragraph 1.4, could Viet Nam 
provide a breakdown of the numbers regarding the current fema le labour  participation?  
 
Answer:  
Viet Nam has different official numbers regarding labour participation as follows: In 2019, the 
median age of its 96.48 million population[1] was 32[2]. About 60% of its population being of 
working age (i.e. , 15-59 years of age as for male and 15 - 54 years of age as for female) with a 
76.2% labour participation rate; 61.5% of the labour force are between 25 and 49 years of age[3]. 
Regarding female labour participation rate, the numbers are as follows: 49.9% o f the total population 
are female (48,11 million), 64% of its female population are in working age, the female labour 
participation rate is 71.4%, and 62% of the female labour force are between 25 and 49 years of age 
[4].  
 
Note:  [1] General Statistics Off ice of Viet Nam, 2019 . 
[2] [3] [4] Calculated from the data of 2019 Labour - Employment Survey, General Statistics Office 
of Viet Nam, 2019 . 
2 TRADE AND INVESTMENT REGIMES  
 
2.1.2. International Agreements  
 
Para. 2.7 : 
Question:  
The Secretariat's report indicates that not all concluded and signed treaties and agreements must 
be ratified by the National Assembly. Could Viet Nam explain whether all trade agreements must be 
approved by the National Assembly?  
 
Answer:   
Not all trade agreements shall be approved by the National Assembly. According to the Article 29 
(1) of the International Treaties Law 2016, the National Assembly shall ratify these international 
treaties as follows: "a) International treaties relating to war, peace, na tional sovereignty of the 
Socialist Republic of Viet Nam; b) International treaties relating to establishment and joining of 
international and regional organizations if the establishment, joining or withdrawal of such 
organizations affects the basic nation al policies on foreign affairs and national defense, security, 
socio-economic development, finance, and currency; c) International treaties that amend, limit or 
terminate human rights, fundamental rights and obligations of citizens in accordance with laws and 
resolutions of the National Assembly; d) The international treaty contains provisions contrary to the 
law, resolution of the National Assembly; đ) International treaties signed directly by the President 
with other heads of State."  
 
2.2.1. Trade policy objectives  
 
Para. 2.16 and 2.17:  
Question:  
The Secretariat's report refers to the Overall Strategy for International Integration through 2020, 
Vision to 2030, and to the Strategy on Exports and Imports for 2011 -20, Vision to 2030. Does Viet 
Nam plan to review and update these strategies, as well as other related strategies, for the period 
after 2020?   
 WT/TPR/M/410/Add.1  
 
- 150 - 
 
 Answer:  
Currently, Viet Nam is researching the trend, the prospect of Viet Nam's trade in the next 10 years 
as well as some obstacles to the growth of fo reign trade. And based on the knowledge gained from 
the successful implementation process of the previous campaign, we will draft a new one for the 
next period of time.  
 
Para. 2.17:  
Question:  
The Secretariat's report indicates that the Strategy on Exports and Imports for 2011 -20, Vision to 
2030 sets out three specific targets with regard to the growth rate of exports and imports and the 
trade deficit. Could Viet Nam elaborate on the measures that were envisaged in the Strategy in order 
to meet those targets ?  
 
Answer :  
At first, the purposes of the Viet Nam export and import campaign is not to stunt the growth of 
import as mentioned in the question. This campaign was expected to facilitate the development of 
trade between Viet Nam and other partners.  
In order to ensure a good outcome and smooth implementation of the campaign, Viet Nam 
Government built a detailed program of action that specified the tasks of Ministries and Province 
Authorities. Following the program, the head of these authorit ies had their own plan to achieve the 
result.  
Periodically, Viet Nam Government evaluated the impact of this campaign and plans on the import -
export situation and reviewed the implementation process. Besides, we also regularly updated the 
changes in intern ational trade, then made several adjustments if needed.  
 
2.3.2 Regional and preferential agreements  
 
Para. 2.65 : 
Question:  
Could Viet Nam elaborate on the state of play of its ratification process of the RCEP?  
We are preparing all documents required to be submitted to the Government to get approval for the 
RCEP Agreement to be ratified.  
 
Answer:  
We are preparing all documents required to be submitted to the Government to get approval for the 
RCEP Agreement to be ratified.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
 
3.1.1 Customs procedures, valuation, and requirements  
 
Para. 3.5 : 
Question:  
Could Viet Nam indicate with which countries it has concluded preferential export tax agreements, 
and what export tax it applies in the framework of these agreements?  
 
Answer:  
Viet Nam has concluded preferential export tax clauses as part of CPTPP and EVF TA, and has passed 
legislations to exercise such commitments.  
 
Para. 3.7 : 
Question:  
According to the WTO glossary, the MFN (most -favoured -nation) tariff is the "normal non -
discriminatory tariff charged on imports (excludes preferential tariffs under free trade agreements 
and other schemes or tariffs charged inside quotas)". Do we understand correctly that Viet Nam calls 
its MFN tariffs "preferential tax rates"? To which imported goods ( i.e., originating from which 
countries) do they apply? And which r ules of origin have to be fulfilled?  
 
Answer:  
According to the Law on Import Tax and Export Tax No. 107/2016 / QH13, the tax rates for imported 
goods include the preferential tax rate, the special preferential tax rate, and the ordinary tax rate. 
The appli cation of tax rates to imported goods is based on the origin of goods, specifically as follows:  WT/TPR/M/410/Add.1  
 
- 151 - 
 
 - Preferential tax rates apply to imported goods originating from countries, groups of countries 
or territories that grant most -favored nation treatment in trade relations with Viet Nam; 
goods imported from a non -tariff zone into the domestic market that satisfy the origin 
conditions of a country, group of countries or territories that grant most -favored nation 
treatment in their trade relations with Viet Nam;  
- The special preferential tax rates apply to imported goods originating from a country, group 
of countries or territories that have a special preferential agreement on import tax in 
commercial relations with Viet Nam; goods imported from the non -tariff zone int o the 
domestic market that satisfy the origin conditions from a country, group of countries or 
territories that have special agreements on import tax in trade relations with Viet Nam;  
- Ordinary tax rates apply to imported goods that do not originate from co untries, groups of 
countries or territories that grant most -favored nation treatment in trade relations with Viet 
Nam; imported goods that do not originate from a country, group of countries or territories 
that do not have special agreements on import tax in their trade relations with Viet Nam; 
goods imported from the non -tariff zone into the domestic market do not meet the conditions 
of origin from a country, group of countries or territories that grant most -favored nation 
treatment in commercial relations  with Viet Nam; conditions of origin from countries, groups 
of countries or territories that have special agreements on import tax preferences in trade 
relations with Viet Nam.  
 
Question : 
Could Viet Nam also specify in which cases the "ordinary tax rate" applies? Does it apply to non -WTO 
Members as provided in Footnote 14?  
 
Answer : 
Ordinary tax rates apply to imported goods that do not originate from countries, groups of countries 
or territories that grant most -favored nation treatment in trade relations with Viet Nam; imported 
goods that do not originate from a country, group of countries or territories that do not have special 
agreements on import tax in their trade relations with Viet Nam; goods imported from the non -tariff 
zone into the domes tic market do not meet the conditions of origin from a country, group of countries 
or territories that grant most -favored nation treatment in commercial relations with Viet Nam; 
conditions of origin from a country, group of countries or territories that ha ve special agreements 
on import tax in commercial relations with Viet Nam.  
 
Question : 
According to the last sentence of paragraph 3.7, "There are a number of tax exemptions". Could 
Viet Nam indicate in which cases these tax exemptions apply? Does this para graph refers to the tax 
exemptions listed in paragraph 3.44?  
 
Answer:  
Article 16 of the Law on Import Tax and Export Tax No. 107/2016 / QH13 specifies 23 cases of 
import tax exemption and tax exemption dossiers and procedures specified in Articles 30 and 31 of 
Decree No. 134/2016/ND -CP dated 1 September 2016 of the Government detailing a number of 
articles and measures to implement the Law on Import Tax and Export Tax and Decree No. 18/2021 
/ND-CP dated 11 November  2021 of the Government amending and suppl ementing the Decree No. 
134/2016/ND -CP. Accordingly, please refer to Article 16 of the Law on Import Tax and Export Tax 
No. 107/2016/QH13, Decree No. 134/2016/ND -CP and Decree No. 18/2021/ND -CP. 
Paragraph 3.44 details these exemptions.  
 
3.1.3 Tariffs  
 
Para. 3.38 : 
Question:  
According to paragraph 3.38 and table 3.3, nineteen tariff lines have higher applied rates (entirely 
of partially) than their corresponding bound rates. Footnote 18 even states that there could be more. 
Could Viet Nam indicat e why the applied MFN rates exceeded the bound rates for these tariff lines?  
Answer:  
In Table A3.3, the Secretariat brought 19 items of Viet Nam beyond the WTO commitments. 
However, as explained to the WTO Secretariat at the meetings, Viet Nam's commitment  to reduce 
import tax rates upon its accession to the WTO (recorded in the documents of the WTO accession 
documents). WTO) is based on the ASEAN Harmonized Tariff Schedule (AHTN) 2002. However, up 
to now, the AHTN 2002 List has been revised three times in 2007, 2012 and 2017. The amendment WT/TPR/M/410/Add.1  
 
- 152 - 
 
 leads to the merging and splitting of the codes, transcoding and adding new lines. Accordingly, it is 
not appropriate in many cases to make a comparison based on HS codes of preferential import tariff 
rates (MFNs) with WT O commitments. The Ministry of Finance has reviewed and confirmed that the 
tax rates applied to most of the tariff lines (18/19 tariff lines) mentioned in Table A3.3 do not exceed 
the ceiling tax rate committed by Viet Nam. For tariff lines with code HS 48 04.39.90, Viet Nam will 
readjust this line in the latest Tariff revision in accordance with Viet Nam 's commitments in the 
WTO.  
Question:  
When and how does Viet Nam intend to align its applied rates to its bound rates in line with its goods 
schedule of com mitments?  
Answer:  
For the tax line with code HS 4804.39.90, Viet Nam will adjust this line in the most recent revision 
of the Tariff. ensure compliance with the principles of tax rate promulgation of the Law on Import 
Tax and Export Tax No. 107/2016 / QH13 and ensure compliance with the process specified in the 
Law on Promulgation of Legal Documents and other tax lines. has been complied with as committed. 
According to the Law on Import Tax and Export Tax No. 107/2016 / QH13, the adjustment o f 
preferential import tax rates falls under the authority of the Government (before September 1, 2016 
under the authority of the Ministry of Finance). Viet Nam, as well as the WTO Secretariat and other 
member countries of the WTO, have regularly reviewed t he Tariff on the principle that the tariff rate 
does not exceed the WTO commitments. Therefore, in the case of countries indicating that the flow 
exceeds their commitments, Viet Nam is willing to make adjustments to conform to the tax rate 
promulgation pri nciple of the Law on Import Tax and Export Tax No. 107/2016 / QH13.  
Question:  
Why is it not possible to compare applied MFN and bound rates and estimate the tariff lines that had 
higher applied than bound rates (see Footnote 18)?  
Answer:  
In Table A3.3, the  Secretariat brings 19 items of Viet Nam  beyond the WTO commitments. However, 
as explained to the WTO Secretariat at the meetings, Viet Nam's commitment to reduce import tax 
rates upon its accession to the WTO (recorded in the documents of the WTO accessio n documents). 
WTO) is based on the ASEAN Harmonized Tariff Schedule (AHTN) 2002. However, up to now, the 
AHTN 2002 List has been revised three times in 2007, 2012 and 2017. The amendment leads to the 
merging and splitting of the codes, transcoding and addi ng new lines. Accordingly, it is not 
appropriate in many cases to make a comparison based on HS codes of preferential import tariff 
rates (MFNs) with WTO commitments.  
Question:  
Could Viet Nam provide an exhaustive list of the tariff lines for which the app lied rates are higher 
than its bound rates?  
Answer:  
Viet Nam, as well as the WTO Secretariat and other WTO member countries, have regularly reviewed 
the Tariff on the principle that it does not prescribe the tariff exceeding the WTO commitments. 
Therefore, in the case of countries indicating that the flow exceeds their commitments, Viet Nam is 
willing to make adjustments to conform to the tax rate promulgation principle of the Law on Import 
Tax and Export Tax No. 107/2016 / QH13.  
 
Chart 3.2 : 
Question:  
Could Viet Nam explain why no rates were available for 87 and 230 tariff lines in 2018 and 2020, 
respectively?  
Answer:  
The note of Table 3.2 Secretariat Report provides the following information: "The 2013 tariff is based 
on HS12 nomenclature; the 2020 tariff is based on HS17. Figures above the bars refer to the 
percentage of total lines. Totals do not add up to 100%. No rates were available for 87 and 230 tariff 
lines in 2014 and 2020, respectively."  
The tariff lines that Switzerl and asked are CKD lines which Viet Nam did not make commitment in 
its Accession Schedule on import tariff rate. In Viet Nam's current import tariff schedule, these lines 
do not have tax rate because the applicable rate shall depend on the degree of discret e parts to 
apply tax rate of a Completely Built Up (CBU) vehicle or of components/parts detailed in the 
respective lines in 97 Chapters.  WT/TPR/M/410/Add.1  
 
- 153 - 
 
 3.1.5 Import prohibitions, restrictions, and licensing / 3.2.3 Export prohibitions, 
restrictions, and licensing  
 
Para. 3.58, 3.59 and 3.94 : 
Question:  
The Secretariat's report indicates that several goods are subject to import prohibitions or restrictions, 
and to export prohibitions, restrictions and licensing. Viet Nam's most recent notification of 
quantitative covers the period 2018 -2020. Could Viet Nam indicate when it intends to provide its 
revised notification on quantitative restrictions for the next biennial period?  
 
Answer:  
Viet Nam does not issue a list of goods that are subject to import prohibitions or restrictions, and to 
export prohibitions, restrictions and licensing for a biennial period. This list is issued under Decree 
No. 69/2018/ND -CP. The Decree No. 69/2018/ND -CP is still in effect, so the above -mentioned list is 
still unchanged.  
 
3.1.6 Anti -dumping, countervailing, and safeguard measures  
 
Para. 3.67 : Among regulations not yet included in the system of international commitments that 
are contained in the current legislation concerning anti -dumping, countervailing, and safeguard 
measures, the repor t mentions (iv) regulations dealing with trade remedies applied to exports. Could 
Viet Nam elaborate on the content and scope of such regulations?  
 
3.3.4 Competition policy and price controls  
 
Para. 3.172 : 
Question:  
Paragraph 3.172 states that under the new Law on Competition, prohibited activities are determined 
by whether such activities have or may have significant competition -restrictive effects on the market. 
Is the SIEC -Test applied to analy se the degree of impediment to competitive markets in case of 
mergers?  
 
Answer:  
Under Viet Nam Competition Law, for economic concentration assessment (case of merger), the 
Substantial Lessening of Competition effect test (SLC test) is applied as a principle to determine 
should a notified merger ha ve any competition -restrictive effect on Vietnamese relevant market, 
therefore, may be cleared, blocked or cleared with condition under the law on competition.  
 
Para. 3.175 : 
Question:  
According to paragraph 3.175, "foreign companies involved in offshore ec onomic concentration 
activities that impact the Vietnamese market are also subject to the [the new Law on Competition]". 
Does this mean that international companies need to notify the Vietnamese authorities in case of 
significant corporate mergers abroad i f they have or are planning to have activities in Viet Nam? If 
yes, how is "impacting the Vietnamese market" defined? Are there any thresholds of size or market 
power for obligation to notify?  
 
Answer:  
The international companies need to notify the competition authority of Viet Nam in case (i) they 
engage in the transaction defined as economic concentration as stipulated at the Article 29 of Viet 
Nam Competition Law, and (ii) the proposed transaction meet the threshold of notification as 
regulated at  the Article 13, Decree 35/2020/ND -CP. The transaction which does not meet these 
above requirements is not subjected to notification obligations. "Impacting the Vietnamese market" 
or "cause or may cause lessening of competition effect on the market of Viet  Nam" is defined as the 
effect of "elimilating, reducing, distoring or detering competition on the market of Viet Nam" (Para 
4, Article 3, Viet Nam Competition Law). The obligation to notify is stipulated comprehensively at 
the Article 13, Decree 35/2020/N D-CP. The applicable threshold includes: total assets in the market 
of Viet Nam; total sale turnovers or input purchase turnover in the market of Viet Nam; transaction 
value (not applicable for the economic concentration conducted outside the territory of Viet Nam); 
and combined market share in relevant market.  
 WT/TPR/M/410/Add.1  
 
- 154 - 
 
 Para. 3.176 : 
Question:  
According to paragraph 3.176, the NCC has the authority to increase or decrease fines under "certain 
circumstances" specified in the Decree on Sanctioning Administrative Viola tions in the Competition 
Area (No. 75/2019/ND -CP). Does a list of practical or theoretical cases of such circumstances exist?  
 
Answer:  
Theoretically, the applicable fine could be increased or decreased based on the mitigating and 
aggravating circumstance as stipulated at the Article 5, Decree on Sanctioning Administrative 
Violations in the Competition Area (No. 75/2019/ND -CP). 
 
3.3.6 Government procurement  
 
Para. 3.205 : 
Question:  
International agreements in the field of government procurement are intended to increase 
transparency, achieve value for money, provide SME's with new export opportunities and reinforce 
their competitiveness on domestic and world markets. While being an observer in the WTO 
Committee on Government Procurement since December  2012, Viet Nam has undertaken to adhere 
to international recognized standards in the area of government procurement firstly in the framework 
of Free Trade Agreements within the CPTPP and with the EU. Would Viet Nam consider acceding to 
the WTO Government Procurement Agreement (GPA) as an important step towards greater 
integration in the world economy, thus contributing to achieve sustainable economic growth and 
development in Viet Nam?  
Answer:  
Viet Nam is studying and considering joining the GPA.  
 
Para. 3.211 : According to Secretariat's report, government procurement is divided into domestic 
bidding and international bidding. Could Viet Nam provide some recent data and/or information 
about the total amo unt (volume) of public procurement in Viet Nam and the share that falls under 
domestic bidding respectively under international bidding?  
Answer:  
Currently, Viet Nam does not have an adequate database system on government procurement. In 
the coming time, wh en the National Procurement Network System is completed, the information 
gathering on government procurement will be implemented more effectively.  
 
Para. 3.219:  
Question : 
Does criteria c) mentioned in paragraph 3.219 (preferential treatment in domestic bidding for 
tenderers whose employees are made of no less than 25% women, or persons with disabilities) also 
apply to international companies or does it analogously to criteria d) only apply to Vietnamese 
companies?  
Answer:  
The preferences mention ed in Points c and d of Section 3.219 of the Report are applicable to domestic 
bidding. Only domestic bidders can participate in domestic bidding.  
 
Para. 3.221 :  
Question:  
Does the preferential treatment mentioned in paragraph 3.221 only apply if all the c riteria in 
paragraph 3.219 are met cumulatively? If so, are any advantages granted if a company fulfils only 
some of the criteria?  
 
Answer:  
Tenderers would be subject to preferential treatment if they meet one of the criteria mentioned in 
paragraph 3.219 of the Report.  
 WT/TPR/M/410/Add.1  
 
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 Para. 3.222 :  
Question:  
The Secretariat's report indicates that Viet Nam will issue a decree guiding the implementation of 
the EU -Viet Nam FTA at a later stage. Can Viet Nam elaborate on the scope of this decree and the 
expected timing of its adoption?  
 
Answer:  
Viet Nam is developing the Decree on guidelines on implementation of the EVFTA, expected to be 
adopted within 2021 - 2022. This Decree will provide guidelines on procurement for bids subject to 
the EVFTA.  
 
3.3.7 Intellectual property rights  
 
Para. 3.227 :  
Question:  
Amendments and supplements of several articles of the Vietnamese IP Law are in preparation and 
planned to be submitted to the National Assembly in 2021. Could Viet Nam provide information on 
the content of these amendments and the expected timing of their entry into force (if approved by 
the National Assembly)?  
 
Answer:  
The draft version of the Law amending and supplementing a number of articles of the IP Law will 
amend and supplement 83 articles  of 14 chapters. The amendments and supplements focus on 
7 main groups of the policies approved by the National Assembly, namely: (i) ensuring clear 
regulations on authors, copyright holders, performers and related rights holders in cases of 
assignment or transfer of copyright and related rights; (ii) encouraging creation, exploitation and 
dissemination of patents, industrial designs, and layout designs which are created from the State 
budget; (iii) facilitating the registration procedure of copyright and r elated rights and of industrial 
property rights; (iv) ensuring satisfactory and balance level in IP rights protection; (v) enhancing 
the efficiency and effectiveness of IP -support activities; (vi) improving the efficiency and 
effectiveness of IP enforcemen t; and (vii) ensuring the implementation of international obligations 
on IP protection of Viet  Nam. 
The Law amending and supplementing a number of articles of the IP Law will be submitted to the 
XV National Assembly for comments at the 2nd meeting session (October 2021) and the enactment 
is expected to occur at the 3rd meeting session (May 2022).  
4 TRADE POLICIES BY SECTOR  
 
4.1. Agriculture, Forestry, and Fisheries  
 
Para. 4.3 :  
Question:  
Following the assumption in paragraph 4.2, the expansion of irrigation land have led to an increase 
of rice production between 2013 and 2019 by 293 %. Such increase is particularly noticeable. Could 
Viet Nam indicate if the production increase was due sole ly to land increase, or if others factors also 
played a role, such as expansion in agriculture machinery or increased use of fertilizers or pesticides?  
 
Answer:   
Rice production area in Viet Nam has not increased but is tending to decrease gradually due t o saline 
intrusion, ineffective use of some rice production areas. However, rice production has increased in 
the past period thanks to Viet Nam's accelerating the application of cost -effective farming techniques 
to increase yields and improve new varieties . 
 
Para. 4.13 :  
Question:  
As indicated in paragraph 4.13., Viet Nam has implemented an export restrictive quota for rice (HS 
1006) between 10 April 2020 and 30 April 2020 due to the pandemic crisis at the time. Was the 
quota implemented in conformity with Article 12 of the AoA? In particular, did Viet Nam consider 
effects on importing Members' food security? Footnote 5 of the Secretaritat's report refers to 
Viet Nam's notification under Article 12 AoA of this measure. Could Viet Nam explain why the 
notification was submitted only in August 2020?  
 WT/TPR/M/410/Add.1  
 
- 156 - 
 
 Answer:  
Rice is an essential foodstuff of every Vietnamese. With the complicated and unpredictable escalation 
of the Covid -19 pandemic which led to citizens' insecurity, the Government of Viet Nam decided to 
adopt a neccesary restriction in rice exportation to ensure domestic supply and national food 
security. During this time, Viet Nam did consider the effects on WTO members that import rice from 
Viet Nam so that reasonable adjustment to rice e xportation could be made. The notification was 
drafted and submitted with Viet Nam's due efforts and technical support from the WTO Secretariat.  
 
4.2.2 Energy  
 
Para. 4.49 and 4.50: Regarding the energy sector, paragraph 4.49 of the Secretariat's report 
indicates that "in 2017, 36.1% of domestic energy production came from coal, with oil (25.3%), 
natural gas (10.0%), hydropower (9.8%), and biofuels and waste (18.8%) supplying the remainder. 
In 2017, final energy consumption was: 30.8% petroleum products, 23. 2% electricity, 23.1% coal, 
1.6% gas, and 21.2% biofuels and waste." Further, in paragraph 4.50, it is stated that "Moreover, 
the National Action Plan for Green Growth in the period 2014 -2049 promoted the reduction of 
greenhouse gas emissions and the use o f clean and renewable sources of energy in a wide range of 
activities in agriculture and industry." In that context, could Viet Nam indicate whether it has plans 
to reduce consumption and/or production of fossil fuel in the coming years?  
 
4.4.5 Telecommuni cations  
 
Para. 4.153 : Could Viet Nam elaborate on the fact that it is currently working towards the 
establishment of software and digital content outsourcing services? Are there any specific services 
sectors which will benefit most from these initiatives?  
 
Para. 4.155 :  
Question:  
The Secretariat's report indicates that Viet Nam promoted the domestic production of 
telecommunications equipment, and that the launch of the 5G network will rely entirely on domestic 
products. Could Viet Nam elaborate on the reasons for the domestic development and production of 
5G network elements in Viet Nam?  
 
Answer:  
- 5G is identified as a particularly important infrastructure of the digital economy, especially 
for the future development of Viet Nam and the world as well.  
- Naturally, the 5G network design has created critical vulnerabilities (information security 
vulnerabilities). This creates new challenges in ensuring data security due to the availability 
of multiple network access points and reduced ability to manage data f lows over the network 
(scaling the compromised surface).  
- On the other hand, the big numbers of IoT devices will create such number of implicit threats 
of attack to 5G networks.  
- Thus, for 5G network, the issue of information security and cybersecurity is v ital question.  
- Considering those mentioned matters, Viet Nam is pay attention to research and 
manufacture a number of 5G products.  
  WT/TPR/M/410/Add.1  
 
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 27  THAILAND  
I. QUESTIONS FOR GOVERNMENT REPORT (WT/TPR/G/410)  
2. VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
2.2 Economic and Trade Policy  
2.2.1 Macroeconomic and economic restructuring policies  
2.2.1.2 Financial policies  (Page 11) 
 
Question : 
- Does Viet Nam have any restrictions on cross -border data transfer, especially data related to 
financial transactions and e -commerce)?  If so, could such requirements affect the relevant 
obligations under CPTPP and EU -Viet Nam FTA?  
- Has Viet Nam conducted amendments in Viet Nam's joint venture law for the securities subsector 
of the financial servic es sector? If so, please elaborate. Could Viet Nam explain how this amendment 
affect existing and incoming service supplier in that particular sector?  
 
Answer:  
In Free Trade Agreements such as CPTPP, EVFTA … Viet Nam commits to allow foreign financial 
institutions operating in Viet  Nam to transfer information in electronic or other forms, into and out 
of the territory, for data processing if such processing is required in the institution 's ordinary 
course of business. However, each country's regulatory authority retains the right to take 
measures related to data security, personal information and confidentiality or requires that foreign 
financial institution to obtain prior authorization from the authorities t o the information receiving 
Party.  
 
The current banking laws do not prevent Viet Nam from implementing obligations related to cross -
border transfers of financial information under the EVFTA and CPTPP Agreements.  
 
2.2.1.4 Competitive and customer protectiv e policies  (Page 15 -16) 
 
Question : 
According to the Trade Policy Review (report by Viet Nam), The amended Law on Competition was 
approved at the 14th National Assembly on 12 June 2018. There are some important amendments 
as follows:  
"Expand the scope of adjustment and the subject of application in order to create a legal 
corridor for the comprehensive handling of any anti -competitive acts committed by any subject, 
including foreign enterprises, no matter where the violation occurs as long as it has a negative 
impact or is likely to have a negative impact on competition in the Vietnamese market, 
contributing greatly to ensure healthy competition for the domestic market."  
In this regard, how could National Competition Commission (NCC) enforce the amended  Law on 
Competition against foreign enterprises that are located outside the territorial jurisdiction of 
Viet Nam, and conduct anti -competitive practices r esulting in a negative impact on competition in 
the Vietnamese market? Does NCC face any difficulties or challenges? Please also provide Thailand 
relevant case studies or experiences if possible.  
 
Answer:   
In order to enforce the amended Competition Law ag ainst foreign enterprises locating outside the 
territorial of Viet Nam, the Law dedicates Section 7. INTERNATIONAL COOPERATION IN 
COMPETITION LEGAL PROCEEDINGS including Article 108 (on International cooperation in 
competition legal proceedings); and Artic le 109 (on Principles of international cooperation in 
competition legal proceedings).  
 
2.2.2 WTO commitment implementation  
2.2.2.2 Trade in services  
2.2.2.2.3.2 Securities services Paragraph 2.87 (Page 25 ) 
 
Question : 
On the revised Securities Law that has been in effect since 1 January 2021, what are the specific 
changes to the regulations on the participation of foreign investors in the Viet Nam  market? How do 
these changes affect existing foreign investors and busine sses, as well as those looking to invest 
in Viet Nam's Securities market?  WT/TPR/M/410/Add.1  
 
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 Answer:  
"1. Regulations on foreign investors' participation in the Viet Nam's market in general:  
 
To open the market for foreign investors, the Securities Law stipulates the principle that when 
foreign investors and foreign -invested economic organizations participate in investing and 
operating on the securities market, they must comply with regulations  on foreign ownership ratio, 
investment conditions, order, and procedures in accordance with law on securities and securities 
markets and assign the Government to detail them (Article 51).  
 
Viewpoints and principles in developing regulations on foreign in vestors' participation in the 
securities market in Decree No.  155/2020/ND -CP are inherited from Decree No. 60/2015/ND -CP. 
Amended and supplemented contents mainly aim to ensure the consistency in Viet Nam's legal 
system, especially laws on investment and international commitments to which Viet Nam is a 
party. Regulations on foreign investors' participation in the securities market are as follows:  
 
(i) Agree to determine the foreign ownership ratio in the public company based on its charter 
capital.  
 
(ii) Foreign ownership ratio is the total proportion of shares and contributed capital of all foreign 
investors and foreign -invested economic organizations, which is occupied more than 50% of 
charter capital in a public company, a securities compa ny, securities investment fund , 
management company or securities investment fund, securities investment company.  
 
(iii) The maximum foreign ownership ratio in a public company is based on the registered business 
industries and sectors of the enterprise, un iformly applied to enterprises and consistent with the 
Investment Law, specifically as follows:  
 
- Public companies operating in investment and business sectors that are scheduled in the list of 
industries/sectors restricted on market access by foreign inv estors shall comply with the 
provisions on foreign ownership restriction in the list. In case, industries/sectors restricted on 
market access by foreign investors in the list do not specify the ownership ratio of charter capital 
by foreign investors in eco nomic organization, the maximum foreign ownership ratio at the 
company is 50% of the charter capital. If a public company does not operate in an industry/sector 
in the list of industries/sectors restricted on market access by foreign investors, foreign own ership 
ratio in such industry/sector is unrestricted.  
 
- In case, a public company operates in multiple industries/sectors with different regulations on 
foreign ownership ratio, the foreign ownership ratio of the company must not exceed the lowest 
ratio in  the industries/sectors which stipulate the foreign ownership ratio.  
 
- In case, an equitized enterprise is listed and registered for transactions on the securities market, 
the foreign ownership ratio shall comply with the laws on equitization. In case, i t is not regulated 
in the laws on equitization, the provisions in Clause 1, Article 139 of Decree No. 155/2020/ND -CP 
shall be applied.  
 
(iv) Allowing foreign investors to invest without limitation on government debt instruments, 
government -guaranteed bonds , municipal bonds, corporate bonds, fund certificates, and stocks 
of securities investment companies, derivative securities, custody certificates and secured 
warrants unless other cases regulated by related laws.  
 
(v) Stipulating that an economic organizat ion with foreign investors holding more than 50% of its 
charter capital must comply with the regulations of the foreign ownership ratio, sequence, and 
procedures in the securities market as foreign investors. The obligation to register/cancel 
transaction c odes of foreign -invested economic organizations is specified in Article 143 of Decree 
155. 
 
2. Regulations on foreign investors' participation in securities companies and securities investment 
fund management companies:  
 
Clause 1 Article 77 of the Law on Securities No. 54/2019/QH14 provides regulations on 
participation of foreign investors in securities companies and securities investment fund 
management companies as follows:  WT/TPR/M/410/Add.1  
 
- 159 - 
 
 Foreign investors can contribute capital to the establishment, purchase shares, o r contributed 
capital of securities companies or securities investment fund management companies according 
to the following principles:  
 
a) Foreign investors being an organization that satisfies the prescribed conditions, and the related 
person are entitle d to own up to 100% of the charter capital of a securities company or securities 
investment fund management company. In case of failure to meet the prescribed provisions, the 
foreign investors being an organization and the related persons are only entitled  49% of the 
charter capital of a securities company or securities investment fund management company.  
 
b) Foreign investors being individuals and related persons are only entitled to own up to 49% of 
the charter capital of securities companies or securitie s investment fund management companies.  
 
Thus, regulations on foreign ownership ratio in securities services supplied organizations under 
the Law on Securities No. 54/2019/QH14 has not changed in comparison with Viet Nam's 
commitments in the WTO."  
2.2.3 T rade policies since 2013  
2.2.3.2 Multilateral and bilateral agreements  
2.2.3.2.1 Overview on process of negotiation, signing and implementation  of Viet Nam's free 
trade agreements Paragraph 2.118 (Page 31)  
 
Question : 
Please provide more information on preference utilization rates under different FTAs and about 
Viet Nam's plan, if any, for future trade negotiations.  
Answer:  
 
In 2020, issuing authorities have issued nearly 1 million preferential C/Os for goods exported to 
FTA markets with a value of USD 52.8 billion, an increase of about 6% in value and 9% in terms 
of the number of C/O sets compared to 2019. Viet Nam is currently negotiating 2 FTAs with Israel 
and FTA with European Free Trade Association.  
 
2.2.3.2.2 The effective Free  Trade Agreements  
2.2.3.2.2.1 ASEAN Trade in Goods Agreement (ATIGA)  
Paragraph 2.121  (Page 31)  
 
Question : 
May inquire the Vietnamese side to clarify further on the disapproval of the ASEAN -Wide Self -
Certification (AWSC) application by the Vietnamese customs.  
 
2.2.3.2.2.6 The Agreement establishing the ASEAN – Australia – New Zealand Free Trade 
Area (AANZFTA)  
Paragraph 2.140 (Page 33)  
 
Question : 
Beyond the details provided on Trade in Services under AANZFTA, what are Viet Nam's  commitments 
on services liberalization under other existing and upcoming trade agreements?  
 
Answer:  
Regarding the upgrading of the Trade in Services Chapter in the AANZFTA, Parties are under 
discussion on the elements to be upgraded. Beside the 3 elements which were already agreed and 
reflected in Article 24 of the Chapter itself, namely the review of commitments, safeguard 
measures and MFN treatment, other elements and issues have been proposed for consideration. 
While the outcome is subject to ne gotiation, Viet Nam is of the view that in general, the upgrade 
negotiations should focus on those elements that help strengthen the global and regional value 
chains, given that certain free trade agreements among AANZFTA Parties are already in existence. 
For other existing agreements, especially the new -generation trade agreements such as the CPTPP 
and EVFTA, Viet Nam provides further commitments on trade in services in many sectors in 
comparison with our commitments in the WTO, with the aim to provide a m ore liberalized and 
transparency business environment to businesses. Depending on the specific agreements, those 
main sectors are financial services, insurance services, logistics services, and distribution services, 
etc. WT/TPR/M/410/Add.1  
 
- 160 - 
 
  
2.2.3.2.4 Under negotiating Free Trade Agreements  
2.2.3.2.4.1 Viet Nam – EFTA Free Trade Agreement   
Paragraph 2.174 (Page 37)  
 
Question : 
Thailand would like to know what Viet Nam see as challenges in negotiations with EFTA, in 
comparison with the EU.  
 
Answer:   
The negotiation process of different Agreements has different difficulties and opportunities. As for 
the Viet Nam – EFTA FTA, so far, the two sides have undergone many negotiation sessions. 
Currently, the two sides are trying to deal with the remaining issues so that the negotiation can 
be concluded soon on the basis of the balance of interests of both sides.  
 
2.2.3.3 Recent trade -related policies  
2.2.3.3.2 Customs modernization  Paragraph 2.186 – 2.187 (Page 39)  
 
Question : 
The acception/approval of "Form D" and "e -Form D" at the Vietnamese custom borders under the 
ASEAN Single Window are still irrelevant. For example, at some custom borders still reject paper -
based Form D even when the e – Form D system is not applicable, some re ject paper -based Form 
D with Electronic Signature and Seal (ESS). May inquire the Vietnamese side to clarify further 
regarding the rules and practices on this matter.  
 
2.2.3.3.4 Finance (Page 41)  
 
Question : 
Does Viet Nam have any restrictions on foreign currency account? If so, please elaborate on such 
restrictions, especially if they vary among currencies of its neighbo uring countries.  
 
Answer:  
Foreign currency accounts are regulated under Circular No. 16/2014/TT -NHNN (amended and 
supplemented from Circular No. 49/2018/TT -NHNN and Circular No. 06/2019/TT -NHNN) 
specifying instructions for the usage of foreign currency accounts, Viet Nam dong accou nts of 
residents, non -residents at authorized banks. Circular No. 16/2014/TT -NHNN specify types of 
transactions such as collections, payments and use of foreign currency accounts of organizations 
and individuals. These regulations apply to the general usag e of foreign currency accounts, without 
distinction between the currencies of neighbouring countries.  
 
2.2.3.3.5 Transportation  
2.2.3.3.5.1 The transportation development in the period of 2013 –2019 
Paragraph 2.199 (Page 43)  
 
Question : 
May inquire the Vietnamese side to share its plan to host the 5th Tripartite Taskforce on Coastal 
Shipping Development, which initially to take place in 2020, but was postponed due to COVID -19 
outbreak.  
 
Answer:  
Vinamarine has sent letters to Thailand and Cambodia counterparts. Accordingly, given the 
complex development of the COVID -19 pandemic, Viet Nam proposes to postpone the Tripartite  
Taskforce, stakeholders continue to exchange via email. Once the pandemic s ituation is under 
control, Vinamarine will resume its plan in hosting the event in Viet Nam to survey coastal 
transport activities in Viet Nam of current difficulties and challenges, and to hence set a vision in 
developing coastal transport between Viet Na m, Thailand, Cambodia.  
 WT/TPR/M/410/Add.1  
 
- 161 - 
 
 II. QUESTIONS FOR SECRETARIAT REPORT WT/TPR/S/410  
SUMMARY  
Paragraph 30 (Page 12)  
 
Question : 
What are  the scope and coverage  of regulatory changes aimed to attract foreign investment in the 
pharmaceutical industry? What is the current status of the regulatory changes? Please provide 
more details including examples of such regulatory changes.  
 
Answer:  
Changes in regulatory scope and policy: To strongly attract investment resources for the 
development of the pha rmaceutical industr y, focus on attracting foreign investment on the 
production of patented drugs, specialized medicines, generic drugs with high -tech dosage forms, 
and vaccines, reference biologics, similar biologics. These changes are based on the Decision 
No. 376/QDD -TTg p romulgated on 17 March 2021 of the Prime Minister approved the Program to 
develop pharmaceutical industries and herbal medicines domestically produced until 2030, with a 
vision to 2045.  
 
2. TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.2.3 European Union -Viet Nam Free Trade Agreement (EVFTA)  
Paragraph 2.49 (Page 40)  
 
Question : 
Could Viet Nam please provide more information on preferential conditions given to the 
EU services providers?  
 
Answer:  
Commitments to trade and investment services under the EVFTA Agreement include:  
(i) General obligations and regulatory frameworks that apply to both Parties such as domestic 
regulations and mutual recognitions, etc, which are specified in the text of the Agreement. 
Besides, Viet Nam has made regulatory commitments on some sectors such as Postal services, 
Telecommunication services, Financial services, International Maritime services.  
 
(ii) Each Party's specific market access services that apply to each Par ty, which are specified in 
its Schedule commitments and are Annexes to the Agreement. To this end, Viet Nam and the EU 
have gone beyond their liberalization commitments on trade in services under the framework of 
the WTO in the following sectors: distribut ion services, financial and insurance services and 
maritime services, telecommunication services, air transportation services, etc. The level of more 
liberalization of each such services sector could be referenced in detail in Viet Nam Annex 8 – B 
of the E VFTA.  
 
Accordance with such commitments in the EVFTA, Viet Nam provides more preferential conditions 
to the EU services providers, aims to create a transparent, open, and favorable business and 
investment environment for investors and businesses of the EU. 
 
Paragraph 2.50 (Page 40)  
 
Question : 
How does Viet Nam prioritize the state -funded entities to be completely opened for the scheduled 
entities in 15 years? Could Viet Nam disclose the plan?  
 
2.4 Investment Regime  
Paragraph 2.75 (Page 43)  
 
Question : 
Is the aforementioned list of businesses requiring Prime Ministerial approval exhaustive? If not, what 
are the additional sectors/ projects?  
Answer:  
Article 31 Law on Investment 2014 identifies in detail all projects under Prime Minister's 
authorities to issue investment policies.  WT/TPR/M/410/Add.1  
 
- 162 - 
 
  
Paragraph 2.80 (Page 44)  
 
Question : 
Has the establishment of the National Investment Information System for Private Sector 
proceeded as planned? Please provide updates on the current status.  
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.2 Measures Directly Affecting Exports  
3.2.4 Export support and promotion Paragraph 3.111 (Page 75)  
 
Question : 
What are the differences between eco -industrial parks and regular industrial parks? Will Viet Nam 
be transitioning all industrial parks to eco -industrial parks? Are there any additional incentives to 
attract foreign investors to the eco -industrial parks? If so, what are the incentives?  
Answer:  
Eco-industrial parks as a model has been piloted recently in a number of cities, provinces in Viet 
Nam. This model aims to encourage businesses in industrial parks to participate in greener 
manufacturing operations and utilize resources efficiently and interconnectedly towards industrial 
symbiosis to imp rove businesses' economic, environmental and social efficiency; without aiming 
at any particular industry.  
- According to Government's Decree No. 82/2018/ND -CP on 22/5/2018 on management of 
industrial parks and economic zones, businesses certified as eco -enterprises are granted the 
following incentives:  
+ Enterprises developing infrastructure of eco -industrial parks and eco -enterprises shall be given 
priority in borrowing preferential loans from the Viet Nam Environment Protection Fund, the Viet 
Nam Develop ment Bank and funds, financial institutions, domestic and international donators to 
construct technical infrastructure of industrial parks, implement cleaner production methods, 
efficiently use resources and industrial symbiosis solutions.  
+ Enterprises de veloping infrastructure of eco -industrial parks and eco -enterprises shall be given 
priority to participate in technical assistance and investment promotion programs organised and 
managed by state regulatory authorities.  
+ Enterprises operating within eco -industrial parks shall be given priority in providing information 
related to the technology market and the possibility of cooperating in effecting industrial 
symbioses in the scope of production and business activities of these enterprises.  
- The difference s between eco -industrial parks and conventional industrial parks are: eco -
industrial parks are industrial parks in which businesses satisfy criteria on application of cleaner 
production methods, efficient utilisation of resources and development of industr ial symbiosis 
linkages. Detailed criteria are defined in Article 42, Decree No. 82/2018/ND -CP. 
- Currently there exist only incentivising policies applied to all eco -industrial park investors and 
developers, without particular preferential treatment to foreign investors.  
 
3.3 Measures Affecting Production and Trade  
3.3.1 Incentives .  
Paragraph 3.126 (Page 78) and SUMMARY. Paragraph 18 (Page 10)  
 
Question : 
Are the aforementioned investment Incentives and COVID -19 alleviation measures, i.e. an 
extension of time limits for tax payments, a reduction of corporate income taxes, and temporary 
discounts in electricity bills during the COVID -19 pandemic available to foreign investors in 
Viet Nam?  If yes, please provide further details  on criteria, conditions, and restrictions.  
 
Answer:  
"The current tax policy system in Viet Nam applies uniformly to all types of enterprises established 
and operating under Vietnamese law (including foreign -invested enterprises). Incentive tax 
policies in  general and support measures to minimize the impact of the Covid -19 epidemic are 
also applied to foreign -invested enterprises operating in Viet  Nam. 
 
On April 8, 2020, the Government issued Decree No. 41/2020/ND -CP stipulating the extension of 
the deadlin e for paying tax and land rent. In Decree No. 41/2020/ND -CP extending the deadline 
for payment of value -added tax, corporate income tax, personal income tax and land rent for 
businesses, organizations, households and business individuals is directly affect ed by the Covid -WT/TPR/M/410/Add.1  
 
- 163 - 
 
 19 epidemic.  
 
On 15 September 2020, the Government issued Decree No. 109/2020/ND -CP extending the 
deadline for paying excise tax for domestically manufactured or assembled cars.  
 
In the 02 Decrees on extension of tax payment time mentioned above, they are generally applied 
to enterprises operating in Viet  Nam that meet the conditions for extension, regardless of domestic 
capital enterprises or foreign investors."  
 
Paragraph 3.131 (Page 80)  
 
Question : 
Thailand would like to ask Viet Nam to issue any technical regulation in accordance with Article 
2,2 of TBT agreement. Stating that members shall ensure that technical regulations are not 
prepared, adopted, or applied with a view to or with the effect of creating unnecessary obstacles 
to int ernational trade. Therefore, technical regulations shall not be more trade -restrictive than 
necessary to fulfill a legitimate objective.  
 
Answer:  
- In 2018, the Prime Minister of Viet Nam promulgated Decree No. 78/2018/ND -CP regulating the 
development of t echnical regulations, according to which:  
The system of national technical regulations (QCVN) and local technical regulations (QCĐP) must 
ensure consistency, synchronization, and conformity with international treaties to which Viet Nam 
is a signatory.  
When formulating a technical regulation, it is necessary to review provisions on equivalence, 
ensuring compliance with international treaties to which Viet Nam  is a signatory.  
In case technical regulations have the potential to create technical barriers to international trade, 
the issuing agency must send draft technical regulations to the Ministry of Science and Technology 
for international comments as prescribed in International treaties to which Viet Nam is a signatory 
or member.  
Viet Nam always complies with the obligations of TBT Agreement on development, adoption and 
application of standards, technical regulations and conformity assessment procedures.  
 
3.3.5 State trading, state -owned enterprises, and privatization  
3.3.5.2 State -owned e nterprises and privatization Paragraph 3.192 (Page 93)  
 
Question : 
Please elaborate how Viet Nam differentiate between SOEs that are centrally managed and those 
managed by a Provincial People's Committee, and please provide a list of sectors that are managed 
by a Provincial People's Committee.  
 
Answer:  
- According to the current regulations, SOEs are assigned to the owner's representative agencies 
to manage and exercise the rights of the owner's representative of the state capital share in the 
enterpri se. In which, the owner's representative agencies include ministries/ministerial -level 
agencies, provincial People's Committees and State Capital Investment Corporation. The SOEs 
under the central management include those assigned to ministries/ministerial -level agencies to 
exercise the right to represent the state owner; SOEs managed by the local People's Committee 
include SOEs that are assigned to the provincial People's Committees to exercise the right to 
represent the state owner.  
- Currently, enterpris es with 100% state -owned capital are assigned to the provincial People's 
Committee to manage, mainly operating in public sectors and fields (irrigation, irrigation, water 
supply, urban environment, treatment garbage …) or state monopoly and support for loc al 
economic development (lottery, infrastructure for industrial zone development ….). Enterprises 
operating in this field support the provincial People's Committee in performing social and social 
security tasks, ensuring public services for the people.  WT/TPR/M/410/Add.1  
 
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 3.3.6 Government procurement  
3.3.6.1 Overview of legal and institutional framework Paragraph 3.204 (Page 97)  
 
Question : 
Please provide list of goods and services under "buy national" requirements.  
 
Answer:  
Viet Nam based the determination of domestically produced goods on research on the domestic 
goods market.  
 
Paragraph 3.205 (Page 97)  
 
Question : 
Thailand would like to know whether Viet Nam would consider joining the WTO Agreement on 
Government Procurement in the near future.  
 
Answer:  
Currently, Viet Nam does not have an adequate database system on government procurement. 
In the coming time, when the National Procurement Network System is completed, the information 
gathering on government procurement will be implemented more eff ectively.  
 
3.3.6.3 Domestic preference and other preference policies  
Paragraph 3.219 (Page 100)  
 
Question : 
- Which sector utilized most and has been granted preferential treatment of tenders from the "Buy 
national " policy?  
- How does "Buy national " in Viet Nam 's policy applied in CPTPP or EVFTA  in government 
procurement chapter? Could Viet Nam please explain?  
 
Answer:  
(i) Currently, Viet Nam does not have an adequate database system on government procurement. 
In the coming time, when the National Procurement Network System is completed, the information 
gathering on government procurement will be implemented more  effectively.  
(ii) With respect to the Agreements that Viet Nam  has signed, Viet Nam is allowed to apply 
domestic preferential measures during the transition period.  
 
3.3.7 Intellectual property rights  
Paragraph 3.233 (Page 104)  
 
Question : 
This paragraph indicates the average time for granting a patent, which increased from 73 months 
in 2013 to 77.5 months in 2017. However, it is silent on the average time for granting a trademark . 
Could Viet Nam provide the information of the average time taken for granting a trademark?  
 
Answer:   
- In the period 2013-2019, the average time for granting a trademark certificate is 24.2 months 
from the filing date of the applications to the date of the decision to grant a trademark certificate.  
 
Question : 
Could Viet Nam also  update the average time taken for granting  a patent, based on the statistics 
of 2013 -2020?  
 
Answer:  
- The average time for granting a patent is 73.5 months from the filing date to the date of the 
decision to grant a patent in the period 2013 -2019. In which, the average time from the date of 
the request for substantive examination to the date of the decision to grant a patent is 54.3 
months.  
 WT/TPR/M/410/Add.1  
 
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 4. TRADE POLICIES BY SECTOR  
4.1 Agriculture, Forestry, and Fisheries  
4.1.2.3 Domestic support   
Paragraph 4.19 (Page 114)  
 
Question : 
What are the measures planned/undertaken to ensure that the farmers would have an average 
profit of over 30% compared with production costs?  
 
Paragraph 4. 24 (Page 11 5) 
 
Question : 
According to price stabilization and national reserve goods on rice, Could Viet Nam provide more 
detail on the mentioned measures? For example: What are the criteria for choosing goods and 
services for price stabilization? How to control the volume of products in the market? How to set 
the control price? How to calculate th e quantity of annual government's inventory? How to 
maintain and manage the government's inventory?  
 
Answer:  
When the market price of goods and services on the list of price stabilization has abnormal 
fluctuations occurring in the following cases: The purchase price or selling price on the market 
unreasonably increases too high or falls too low compared to the price increase or decrease due 
to the impact of price -forming factors calculated according to the policy, economic -technical 
regulations or price  calculation methods promulgated by competent state agencies; The purchase 
price or selling price on the market increases or decreases abnormally in the event of natural 
disasters, fires, epidemics, hostilities, economic - financial crises, temporary supply  and demand 
imbalances; Price fluctuations affect socio -economic stability, adversely affect production and 
people's lives.  
 
Criteria for selection of goods and services subject to price stabilization is prescribed in the Law 
on Prices, goods and services subject to price stabilization are goods and services essential for 
production and people's lives as prescribed according to the following criteria:  
+ Raw materials, fuels, materials and main services for production and circulation.  
+ Goods and services to  meet basic human needs.  
- According to the provisions of the Law on Prices and documents guiding the 
implementation of the Law on Prices, rice is an item on the list of price stabilization, without 
controlling prices.  
 
4.2 Mining and Energy  
4.2.2 Energy  
4.2.2.1 Electricity Paragraph 4.56 (Page 124)  
 
Question  
Many Thai and foreign private sectors invest in Electricity transmission system in Viet Nam, 
however there are limitation regarding the electricity transmission system. May inquire the 
Vietnam ese side to update the latest status of the government's project on the 
expansion/development of the electricity system in Viet Nam and the possibility to create public 
private partnership cooperation.  
 
4.3 Manufacturing  
Paragraph 4.91 (Page 131)  
 
Question : 
The objectives of Industrial Development Strategy to 2025, Vision to 2035 aims to increase the quality 
of industrial products, and to develop supporting industries . In this regard, Could Viet Nam elaborate 
and specify more on what are the priori tized industrial products and supporting industries to 
increase and develop under the Strategy during the period 2025 and after 2025  (Vision 2035 )? WT/TPR/M/410/Add.1  
 
- 166 - 
 
 Answer:  
According to the Viet Nam Industrial Development Strategy to 2025, with a vision to 2035 
approved by the Prime Minister in Decision No. 879 / QD -TTg dated  6 June 2014, the industrial 
groups will choose the priority. Developed as follows:  
a) Processing and manufacturing industries  
- Mechanical and Metallurgy industry  
By 2025, to prioritize grou ps of industries and products: machinery and equipment for agriculture, 
automobiles and mechanical spare parts, and steel for fabrication. After 2025, priority will be 
given to groups of industries and products: shipbuilding, nonferrous metals and new mate rials. 
- Chemical industry group  
In the period up to 2025, to give priority to basic chemicals, petrochemicals and production of 
technical plastic and rubber components; In the period after 2025, to give priority to the 
development of the pharmaceutical ch emistry industry.  
- Group of processing agricultural, forestry and aquatic products  
In the period up to 2025, to give priority to raising the processing rate of key agricultural and 
aquatic products and wood processing in line with the restructuring of the  agricultural sector. 
Apply international standards in the production and processing of agricultural products, and build 
brands and the competitiveness of Vietnamese agricultural products.  
- Textile and Footwear industry  
By 2025, to give priority to the pr oduction of raw materials and auxiliary materials for domestic 
production and export; After 2025, to give priority to production of fashionable clothes and high -
class shoes.  
b) Electronics and Telecommunications industry  
From now to 2025, giving priority t o developing products of computer equipment, 
telephones and components. After 2025, to prioritize the development of software, digital content, 
information technology services and medical electronics.  
c) New energy and renewable energy industry  
The period up to 2025 will promote the development of new and renewable energies such as wind, 
solar, and biomass; In the period after 2025, to develop atomic energy for peaceful purposes, 
giving priority to the development of renewable energies such as geothermal, o cean waves … 
 
4.3.2 Motor vehicles  Paragraph 4.106 (Page 133)  
 
Question : 
Since February 2020, Viet Nam has imposed the Conformity of Production (COP) measure to 
inspect automobile export manufacturer by the Vietnamese authority. However, later in 2020, 
ASEAN members have signed, ad -referendum, the ASEAN AP MRA. May inquire Viet Nam's 
plan/timeline regarding the termination of the above mentioned measure.  
 
Answer:  
The imposition of COP is based on common current practice across countries in the world. Viet 
Nam will strictly adhere to her commitments in the signed APMRA when it's in effect, including the 
use of COP.  
 
4.3.3 Other manufacturing activities Paragraph 4.112 (Page 134)  and  
4.4.7 Distribution services  Paragraph 4.197 (Page 155)  
 
Question : 
- Thailand  would like to inquiry  whether these regulations are the discrimination between 
Vietnamese and foreign companies.  Should Viet Nam adhere to the national treatment?  
 - Thai pharmaceutical product exporters are requested to present additional documents, for 
example Active Pharmaceutical Ingredient: API, in order to export drugs/pharmaceutical product 
to Viet Nam, which is deemed to be over requirement and inconsistent with ASEAN agreements. 
– May inquire the Vietnamese side to further clarify on this matter.  
Please explain the details regulation on marketing authorization of drugs and medicinal ingredients 
of Viet Nam.  
 
Answer : 
No 1:  
Viet Nam's regulations are always ba sed on compliance with international commitments to which 
Viet Nam is a member.  
No 2:  WT/TPR/M/410/Add.1  
 
- 167 - 
 
 Viet Nam recommends to clarify which regulations contain of this issue because in Article 92 of 
Decree No. 54/2017/ND -CP, added and amended in Decree  No. 155/2018/ND -CP on 
pharmaceutical -specific documentation to be presented and submitted by pharmaceutical 
business establishments, organizations, individuals at customs clearance for exporting, importing 
of drugs, drug raw materials, related entities are not required to su bmit documents as stated by 
Thailand.  
No 3:  
-The provisions in Article 23.4.d of Circular No. 32/2019/TT -BYT require that the content of the 
CPP must contain standards for finished products, standards for pharmaceutical ingredients, and 
names and addresses  of manufacturers producing pharmaceuticals and pharmaceutical 
substances. This regulation is to ensure the quality, safety and effectiveness of drugs registered 
for market authorization in Viet Nam must be equivalent to those circulating in the host count ry. 
This regulation applies to all foreign drugs registered for circulation in Viet  Nam, regardless of the 
country of origin.  
- During the implementation process, only a few CPPs of some countries provide full set of 
information, such as the U nited States, Bangladesh, Ireland, Germany (Rheinland -Pfalz State), 
India (Punjab state).  
- The Drug Administration of Viet Nam has also officially responded and discussed directly with a 
number of stakeholders about three options to meet regulations related to CPP: (1) CPP with full 
information or supplementary information by an annex attached to the CPP; (2) written 
confirmation from the CPP issuing authority; (3) provide an online link to the website of the issuing 
agency showing information on finished product sta ndards, standards for pharmaceutical 
substances and pharmaceutical ingredients, names and addresses of establishments 
manufacturing active ingredients.  
- In the context of the Covid -19 pandemic, Article 1.5 of Circular No. 29/2020/TT -BYT provides 
as follo w: "For application for grant, extension, change and supplement of certificate registration 
submitted before  31 December 2021: CPP is not required to submit a complete set of information 
on finished pharmaceutical standards; pharmaceutical substances stand ards and pharmaceutical 
ingredients; name and address of the manufacturer of the pharmaceutical substances or 
pharmaceutical ingredients ". 
 
4.4.5 Telecommunications Paragraph 4.153 (Page 145)  
 
Question : 
May ask the Vietnamese side to share its additional information toward its plan to promote 
software and digital content outsourcing service in telecommunication activities and how to 
increase the market access opportunity for foreign investment.  
Answer : 
Software outsourcing and digital content are areas in which Viet Nam has a policy to promote 
development many years ago (as in the Project on making Viet Nam soon becomes a strong ICT 
country; or the National Program of developing the IT industry to 2020, and vision to 2025). In 
fact, Vie t Nam's outsourcing industry is highly appreciated by many international stakeholders 
and its products have been accessing in some high -end markets such as the US, Japan, ...  
New investment projects in the field of software outsourcing may be inherited inc entive policy 
(may reduce Corporate Income Tax) when they meet the conditions provided in the Circular 
No. 13/2020 /TT -BTTTT on determining the software production in accordance with the process 
(Do at least 1 of 2 stages: Determining Requirements or Analy sis and Design). This Circular does 
not discriminate foreign or domestic investors, as well as does not differentiate software 
outsourcing by field.  
 
4.4.6 Transport  
4.4.6.3 Land transport Paragraph 4.192 (Page 154)  
 
Question : 
More than 70% of our Border trade transport through R12. Thailand is now assist Lao PDR to 
conduct the study to develop/improve the R12 route. May inquire the Vietnamese's view on 
(1) how to support/assist the Lao PDR to include R12 into the Protocol 1 under the Early Harvest 
implementation of the GMS CBTA Agreement (2) the possibility to cooperate with Thailand to 
render financial support to Lao PDR in order to develop the R12 route.  
 WT/TPR/M/410/Add.1  
 
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 I. Questions for Government Report (WT/TPR/G/410)  
1. OVERVIEW OF VIET NAM IN THE GLOBAL TRADING SYSTEM  
 
1.1 Overview the formation and development of Vietnamese policies in the global 
trading system during the period 2013 -2020  
Paragraph 1.1 (Page 5 -6) 
 
Question : 
- Regarding the Reform, the Government mentioned that Viet Nam plays proactive role in regional 
trade agreement, please brief more about institution restructuring for support the open and fair 
competition and the long -term policies to support local businesses affected by FTA.  
- The info in overview shows that foreign investment and impact of FTA play important role in 
boosting Viet Nam economic growth, however the domestic stakeholder might face some 
challenges for this phenomenon. Please share the policy support for to generate more balance 
between domestic and foreign investment.  
- Regarding economic restructuring, please explain more about the key actions that Viet Nam 
government aims to achieve in the short/ long term.  
 
Answer : 
In order to support the open and fair competition in the market, Viet Nam  amended the Law on 
Competition that came into effect on July 1, 2019, replacing the 2004 version of the law. Under 
the new law, the Nation Competition Commission is in charge of enfo rcing the law on competition 
of Viet Nam . Viet Nam 's new law on competition builds on the previous regulation and provides 
enterprises with clearer guidelines on the regulations. The move underlines the government's 
intent to match Viet Nam 's laws to inter national standards and this bodes well for foreign investors 
in the country.  
 
2. VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
2.2 Economic and Trade Policy  
2.2.3 Trade policies since 2013  
2.2.3.3 Recent trade -related policies  
2.2.3.3.1 Trade policies (Page 38)  
Question : 
- Cross border e -commerce became a huge challenge for domestic entrepreneurs across the 
globe. How Viet Nam prepare policy to enhance the country competitiveness in particular, 
SMEs and local firms?  
- How government prepare its workforce to support nation development especially the SMEs 
and digital workforce . 
 
Answer:  
Human resource development in Viet  Nam in the period 2011 -2020 has achieved positive results 
such as: improved and synchronised legal system on education - training policy, labo ur - 
employment and science and technology; the network of vocational training institutions spread 
throughout the country with a diversity in types and mod els; some of Viet  Nam's human 
resources index ranked high in the region, including the Human Capital Index, Global Innovation 
Index and Human Development Index. Viet  Nam has promoted vocational training for rural 
workers in two directions: non -agricultural  vocational training to change jobs; or improve income 
and productivity in existing agriculture jobs. In addition, the effort to address the need of digital 
labor directs many national masterplans and plans on vocational education that are currently 
under development, such as the Masterplan on pilot training, retraining to improve human 
resources skills to meet the requirements of the Industrial Revolution 4.0; the Masterplan on 
Digital Transformation and Teaching in vocational education; and the 2021 – 2030 National Plan 
on the development of vocational education, which sets out goals and task to adapt to the 
Industrial Revolution 4.0. Viet Nam has also focused the investment on key industries and 
training institutions in the context of Industry 4.0. Some o f prioritised sectors include Information 
Technology, Physics, Biology, High -tech Agriculture, Mechatronics, Automation, Biotechnology 
and Computer Programming.  
 
- Regarding the customs strategy orientation to 2030, what is the goal the government 
intended t o achieve? And please share us details of the plan.  WT/TPR/M/410/Add.1  
 
- 169 - 
 
 - How government will encourage and improve the potential of MSMEs/SMEs? Are there any 
other mechanisms to support them? Please share.  
- Please advise how the government would solve the problems of poverty al leviation, 
economic inequality and unskilled labours.  
 
Answer:  
Regarding poverty reduction and economic inequality, Viet Nam has achieved remarkable results 
in the area. In 2006, Viet Nam completed the "Millennium Development Goals (MDGs) on poverty 
alleviation" nearly 10 years earlier to the deadline of 2015. Viet Na m is also one of the first 
countries in the world to use the multidimensional poverty index (from 2015). Viet Nam will 
continue to improve the quality and efficiency of human resources, advance decent jobs for all, 
strengthen social security and reduce ine quality and at the same time, ensure the allocation of 
state budget, mobilise the entire society's resources to implement the policies of poverty 
reduction and sustainable social security. Priority is given to economically challenged areas.  
Regarding work ers' skills, the Government of Viet  Nam has many measure to increase these such 
as: (i) Building and enhancing the vocational education system with an open and flexible 
principle: Diversifying models, forms and types of training and qualifications; strengt hen the 
links between training levels in the vocational education system and the national education 
system; focus on vocational education for disadvantaged people; (ii) Reform the state 
management mechanism and school governance towards enhancement autonom y in schools; 
adaptation to trends of digitalization and digital transforms; planning of the network of vocational 
education institutions according to the socio -economic development plans of each sector, region 
or locality; (iii) Strengthening the linkage of vocational education with the labour market and 
sustainable jobs through promoting the four -party mechanism "State - Schools - Entrepreneurs 
- Professional associations" in vocational education activities; (iv) Advancing the management 
and quality of tr aining towards international standards; (v) Increasingly implementing 
digitalization and IT in management and training activities.  
 
- What is the key target industry that Viet Nam  aims to setup as the new growth engine?  
- How to strengthen Viet Nam  local firm/ business to play a part with GVC in this high 
competitive era.  
- How government and business sector prepare for the post -Covid 19 economic recovery.  
 
II. Questions for Secretariat Report (WT/TPR/S/ 410) 
OVERVIEW  
 
Question : 
- Regarding economic restructuring and SMEs development, what is the key policies that 
Viet Nam do well and what is the concern that foreigner should keep eyes on.  
- Regarding industry -specific incentives, Viet Nam  setup key strategies to support foreign 
investment but how about  the local business? How to strengthen local firm to run the 
business under highly competition.  
- How to promote SMEs and local firms to develop their capability and uplift their unskilled 
labours to ready for the rapid change in the digital era.  
 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade  
3.3.6 Government procurement  
3.3.6.1 Overview of legal and institutional framework  
Paragraph 3. 205 (Page 97)  
 
Question : 
Viet Nam is a party to the CPTPP and signed a bi lateral free trade agreement with the European 
Union. Could Viet Nam provide additional information that "Buy National" and supporting SMEs 
policies are not against with CPTPP or EVFTA?  
 
Answer:  
In CPTPP and EVFTA, Viet  Nam is allowed to apply offset during the transition period as long as 
complying with the Agreement's provisions.  
 WT/TPR/M/410/Add.1  
 
- 170 - 
 
 Paragraph 3.206 (Page 97)  
 
Question : 
What is the difference between procurement process in the Law on Bidding and the Law on Public -
Private Partnership (PPP)?  
 
Answer:  
After the PPP Law was enacted (June 2020), the selection of investors implementing PPP projects 
was carried out complying with the PPP Law. The contractor selection process is carried out under 
the Bidding Law.  
 
3.3.6.3 Domestic preference and oth er preference policies  
Paragraph 3. 219 (Page 100)  
 
Question : 
Does "Buy National" policy apply in all government procurement projects (goods, services, and 
construction), including PPP project?  
 
Answer:  
Offset for domestic goods and contractors are specified in the Law on bidding and PPP.  
 
3.3.6.4 Government procurement commitments under FTAs  
Table 3.16  (Page 101 -102)  
 
Question : 
Please clarify about the offsets in Viet Nam. Please explain and give the examples on how does 
Viet Nam apply offsets in government procurement projects?  
 
Answer:  
During the transition period, the procurement agency may use of one or several domestic 
preferential measures according to Decree No. 95/2020/ND -CP. 
 
 
QUESTIONS FOR SECRETARIAT REPORT (WT/TPR/S/ 410) 
 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.4 Other charges affecting imports  
Paragraph 3.53 (Page 62)  
 
Question : 
In the word "exported goods and services" are include natural rubber or not?  
 
3.2 Measures Directly Affecting Exports  
3.2.4 Export support and promotion  
Paragraph 3.107 (Page 75)  
 
Question : 
Rubber Authority of Thailand would like to seek a possibility for the study visit at the Southern 
Key Economic Zone (KEZ)  
 
Answer:  
The content of the question is not under the scope of this review.  
 
4. TRADE POLICIES BY SECTOR  
4.1 Agriculture, Forestry, and Fisheries  
4.1.1 Features  
Table 4.2 Exports and imports of agricultural products, 2013 -19 (Page 1 11-112) 
 
Question : 
In the word "Rubber" are include natural rubber or not?  
 WT/TPR/M/410/Add.1  
 
- 171 - 
 
 4.4 Services  
4.4.4 Financial services  
4.4.4.2 Insurance  
(Page 141 -143)  
 
Question : 
Please kindly provide further information about the establishment of insurance companies for 
foreign investors in Viet Nam such as policy, processes and criteria of doing insurance business 
including foreign shareholders, type of business, minimum capital requirements.  
  WT/TPR/M/410/Add.1  
 
- 172 - 
 
 28  TURKEY  
GOVERNMENT REPORT (WT/TPR/G/410)  
 
Overview Of Viet Nam In The Global Trading System, 1.3 Overall evaluation of economic 
policy implementation of Viet Nam in the national socio -economic development during the 
period 2013 -2020, pg. 8, 1.7  
 
It is stated in Government Report that " Regarding poverty alleviation: According to the World Bank's 
report "Climbing the Ladder: Poverty Reduction and Shared Prosperity in Viet Nam" announced on 
5 April 2018, the proportion of poor households in Viet Nam  continues to decline, especially among 
ethnic minorities, with a sharp drop of 13% (the largest in the past decade). Such gigantic changes, 
argued by the World Bank, are outcomes of high economic growth together with wise social policies ;" 
 
Question:  
Could Viet Nam further explain which policies have been undertaken to reduce economic inequality?  
 
Answer:  
In order to reduce economic inequality, Viet  Nam has got multiple efforts in poverty reduction: the 
system of poverty reduction mechanisms and policies h as been synchronously promulgated and 
implemented in all fields (health, education, housing, preferential credit, electricity bill support, 
production development, job creation, support in infrastructure investment, etc.). Mechanisms and 
policies have been  amended in the direction of gradually reducing direct and free assistance, 
increasing conditional support for poor households so they can get out of poverty in a sustainable 
way; enhancing decentralisation, empowering grassroot levels and local people, pr omoting the role 
of the community. These efforts helped Viet Nam to complete the "Millennium Development Goals 
(MDGs) on poverty alleviation" in 2006, nearly 10 years earlier to the deadline of 2015. Viet Nam is 
also one of the first countries in the world  to use the multidimensional poverty index (from 2015).  
 
Viet Nam Economic And Trading Development in The Period Of 2013 -2020, 2.2 Economic 
And Trade Policy, 2.2.1 Macroeconomic and Economic Restructuring Policies, pg. 12, 
2.2.1.3  
 
It is stated in Government Report that " On 19 December 2013, the Prime Minister issued the Decision 
No. 339/QD -TTg approving the overall project on economic restructuring associated with 
transformation of the model of economic growth to implement the policy of economic re structuring 
and the revolution of the Party's growth model. Accordingly, quality, efficiency and competitiveness 
would be improved in the period of 2013 –2020 (Decision No. 339) under the general goal that by 
2020, the model of economic growth in depth woul d be basically formed, ensuring growth quality, 
improving efficiency and competitiveness of the economy. The Decision No. 339 sets out several 
specific objectives, as follows: - Complete the institution of the socialist -oriented market economy, 
create a re asonable, stable and long -term incentive system, especially tax incentives and other 
investment incentives, promote allocation and utilization of main social resources based on market 
mechanism into sectors and products with competitive advantages, boostin g labour productivity, 
productivity of other factors and the economic competitiveness; - Form and develop a reasonable 
economic structure on the basis of improving and upgrading the development level of economic 
sectors, economic fields and economic region s; develop economic sectors and fields using high 
technologies to create high added value, thus replacing low technologies with low added value step 
by step and becoming key economic sectors; - Gradually strengthen internal economic strength, 
proactively i ntegrate into the world and consolidate the national position on the international arena, 
maintain political stability, ensure national security, social order and safety ". 
 
Question : 
Could Viet Nam explain the results of the National Strategy on the macroeconomic parameters such 
as fiscal deficit and central government debt?  
 
Answer:  
"Viet Nam's macroeconomic indicators have been provided to the Secretariat by Viet  Nam and are 
reflected in Table 1.2 Secretariat Report (page 16).  
- For public debt data , please refer to the information in Table 1.2 Report of the Secretariat.  
- The figures on the budget deficit are as follows:  
 WT/TPR/M/410/Add.1  
 
- 173 - 
 
 Year 2013 2014 2015 2016 2017 2018 2019  
Budget deficit 5.0 4.7 4.26 3.6 2.74 2.8 3.36  
Unit: % of GDP" . 
 
2. Viet Nam Economic and Trading Development In The Period Of 2013 -2020, pg. 14, 2.24  
 
It is stated in the Government Report that " 2.24. There is a positive shift on the industrial structure 
with the increase of processing and manufacturing proportion, together with technology -intensive 
industries in GDP.15 Several key industries have achieved breakthrough in growth rate: electronics 
has become a major industry, accounting for 26.8% of the total industrial production value and turn 
out to be the largest export sector; the second la rgest with a proportion of about 13.2% is food 
industry; textile ranks third with a proportion of about 8.5%. Last but not least, the information 
technology (IT) attains a high growth rate. "  
 
Question : 
Could Viet Nam provide detailed information about top 10 electronic products and their shares in 
export?  
 
Answer : 
Here are the top 10 electronic products most exported from Viet  Nam in 2020 and their export value 
and export shares:  
No. Product name  Export value  
(million USD)  Export shares  
1 Mobile phones  28.796  10,2%  
2 Phone components  19.365  6,9%  
3 Microprocessor  13.116  4,6%  
4 Display screens and components  6.936  2,5%  
5 Diodes semiconductor devices  5.157  1,8%  
6 Laptops, tablets  3.871  1,4%  
7 Printers , photocopiers and components  3.122  1,1%  
8 Data storage  2.914  1,0%  
9 Sound devices  2.846  1,0%  
10 Televisions  1.983  0,7%  
 
2.2.3.2.2.6 The Agreement establishing the ASEAN – Australia – New Zealand Free Trade 
Area (AANZFTA), pg. 33  
 
On page 33 of The Government Report, it is stated that "Currently, Viet Nam are working closely 
with other AANZFTA Parties to develop the Work Plan for the AANZFTA Upgrade Negotiations in the 
areas of rules of origin, customs procedures and trade facilitat ion, services (including financial 
services and telecommunication services), investment, e -commerce, competition, government 
procurement, trade and sustainable development."  
 
Question : 
Could Viet Nam kindly elaborate on the Work Plan for the AANZFTA Upgrad e Negotiations in the area 
of e-commerce?  
 
Answer:  
The Work Plan for the AANZFTA Upgrade Negotiation in the area of E -commerce is in line with the 
overall Work Plan which is to conclude the upgrade negotiation by Sept 2022. Currently, the 
Committee on E -commerce is discussing the elements to be included in the upgrade negotiation.  
 
2. Viet Nam Economic and Trading Development in the Period of 2013 -2020, 2.2 Economic 
and Trade Policy, 2.2.3 Trade policies since 2013, 2.2.3.2 Multilateral and bilateral 
agreements, 2.2.3.2.3 The signed Free Trade Agreement which are not effective yet, 
2.2.3.2.3.1 The Regional Comprehensive Economic Partnership (RCEP), pg. 37, 2.173  
 
It is stated in the Government Report that "After 8 years of negotiations with tireless efforts, the 
Regional Comprehensive Economic Partnership (RCEP) Agreement was formally signed on 
15 November 2020 on the side -lines of the 37th ASEAN Summit and related  meetings among 
15 RCEP participating countries with the aim to establish a modern, comprehensive, high -quality, 
and mutually beneficial economic partnership. The RCEP includes 20 Chapters and attached Annexes, WT/TPR/M/410/Add.1  
 
- 174 - 
 
 once entering into force, this Agreement will  establish a huge market accounting for about 30% of 
the global GDP and 30% of the world population, become the largest regional trade area in the 
world. The RCEP Agreement would need signatory States, including at least six ASEAN and three 
non-ASEAN signa tory States, to deposit their instruments of ratification, acceptance or approval for 
the RCEP Agreement to enter into force".  
 
Question : 
Could Viet Nam provide more information about the current status of the ratification procedure of 
the Agreement in it s domestic legislation?  
 
Answer : 
Viet Nam is preparing all documents required to be submitted to the Government to get approval 
for the RCEP Agreement to be ratified.  
 
THE SECRETARIAT REPORT (WT/TPR/S/410)  
 
9. 2. Summary, pg. 8, 5  
 
It is stated in the Secretariat Report that " Foreign direct investment (FDI) plays a key role in Viet 
Nam's economic transformation, representing 20% of GDP and generating 5 million jobs in 2019. 
FDI is also the main driving force of the country's productivity improvement. Mo re than 
17,000  foreign investment projects with total registered capital of USD 143.1 billion were approved 
during the review period; processing and manufacturing accounted for around 62% of the total 
foreign capital invested in the country.  
 
Question : 
Could Viet Nam elaborate on sector specific foreign direct investment incentives in Viet  Nam, 
especially in electronics processing and manufacturing?  
 
Answer : 
According to Law on Investment 2014 and Law on Investment 2020 as of now, manufacturing of 
key electronics, mechanical products, agricultural machinery, automobiles, automobile parts; 
shipbuilding; d) Manufacturing of products on the List of prioritized supporting products are Business 
lines eligible for investment incentives. I ncentives include:  
a) Corporate income tax incentives, including application of a lower rate of corporate income tax for 
a certain period of time or throughout the investment project execution; exemption from and 
reduction of tax and other incentives presc ribed by the Law on Corporate Income Tax.  
b) Exemption from import tax on goods imported to form fixed assets; raw materials, supplies and 
components for manufacturing purposes in accordance with regulations of law on import and export 
tax; 
c) Exemption fr om and reduction of land levy and land rents;  
d) Accelerated depreciation, increasing the deductible expenses upon calculation of taxable income.  
 
Trade and Investment Regimes, 2.2 Trade Policy Formulation and Objectives, Trade policy 
objectives, pg. 35, 2.2.1  
 
It is stated in Secretariat Report that " Viet Nam recognizes international economic integration as 
one of the important drivers for its institutional improvement, economic growth, and development. 
In January 2016, the Government approved an Overall Strategy for International Integration through 
2020, Vision to 2030. The Strategy states that the objectives of international integration are, inter 
alia, to take "full advantage of favourable global condition to soon turn Viet Nam into  a 
modern -oriented industrialized country", and to improve "people's living standards".  
 
Specific to trade, Viet Nam seeks "to diversify export -import markets" and "to actively take  
part in the global production network and the value chains". The Strategy on Exports and Imports 
for 2011 -20, Vision to 2030 sets out three specific targets:  
• the average annual growth rate of exports should be at the double -digit level;  
• the growth rate of imports should be lower than that of exports; and  
• a gradual reduction of the trade deficit, so as to guarantee a trade balance by 2020, and  
reach a trade surplus in 2021 -30." 
 WT/TPR/M/410/Add.1  
 
- 175 - 
 
 Question : 
Could Viet Nam provide information about the contents of the Vision to 2030 and explain the results 
of the first implementation ph ase? 
 
Answer:  
Viet Nam has the plan to review the Overall Strategy for International Integration through 2020, 
Vision to 2030. And the assessment will be the basis for deciding whether or not to update the 
Strategy for the period after 2020  
 
3. Trade Policies and Practices by Measure, 3.1. Measures Directly Affecting Imports 3.1.1 
Customs procedures, valuation, and requirements, 3.1.1.1 Customs procedures, pg. 48, 
3.2 
 
It is stated in the Secretariat Report that "The Customs Law stipulates, inter alia,  customs 
management; goods permitted to be imported, exported, or transited; and the organization and 
operation of customs services."   
 
Question : 
Could Viet Nam provide more information about the goods unpermitted to be transited?  
 
3.2.4 Export support and promotion, pg. 73  
 
On page 73 of The Secretariat Report, it is stated that " Specific trade promotion measures under 
the Program include: (i) organizing and participating in trade fairs and exhibitions abroad; 
(ii) organizing international trade fairs, exhibitions, and conferences in Viet Nam; (iii) organizing the 
display, introduction, and export of goods through a common store on an e -commerce trading floor; 
(iv) organizing overseas trade delegations from Viet Nam; (v) assist ing foreign business delegations 
entering Viet Nam for conducting business or discussing investment opportunities; (vi) supporting 
both developing and existing commercial infrastructure and logistics in service of foreign trade 
activities; and (vii) organi zing the Viet Nam Logistics Forum. Other trade promotion measures 
include activities supporting R&D, improving the quality of product and goods, and training. " 
 
Question : 
Could Viet Nam give further information regarding the National Program on Trade Promo tion with a 
view to a common store on an e -commerce trading floor?  
 
Answer:  
The National Program on Trade Promotion support establishment of areas displaying and introducing 
exported goods on e -commerce platforms with at least 12 participating organization s and financial 
support up to 100% of funding. This trade promotion activity includes specific contents such as: 
Provide consultancy and support for opening accounts on the e -commerce platforms; Open accounts, 
maintain membership; Design common identity of  booths of participating organizations; Promote 
and invite units to participate and make transactions; Prepare images and videos, digitalize products 
displayed by participating organizations; Upgrade booths and use value -added services of the e -
commerce pl atforms; Provide skill training and guidelines for participation in the e -commerce 
platforms; Organization and management activities by host organizations. (Pursuant to Section 1, 
Article 1, the Circular No. 40/2020/TT -BCT dated November 30, 2020 amending some articles of 
Circular No. 11/2019/TT -BCT dated July 30, 2019 by Minister of Industry and Trade on guidelines 
for trade promotion for foreign trade development under the National program on trade promotion).  
 
3.3.3 Sanitary and phytosanitary requirements , pg. 85, 3.148  
 
It is stated in the Secretariat Report that ''Importers of food products must provide the authorities 
with a number of supporting documents (Table 3.12). Decree No. 15/2018/ND -CP details food 
products under the re sponsibility of the MOH, the MARD, and the MOIT. Decree No. 69/2018/ND -CP 
requires ministries and competent authorities to publish detailed lists of goods, including their HS 
codes, for which a Certificate of Free Sale (CFS) from the competent authorities of the exporting 
country that has been certified by consular services is required. Appendixes I and IV to MARD 
Consolidated Document No. 08/VBHN -BNNPTNT provide detailed lists of products subject to CFS 
when exported or imported. All products containing ge netically modified materials, irradiated 
products, and products that were produced by new technologies require a CFS when imported to 
Viet Nam.''  WT/TPR/M/410/Add.1  
 
- 176 - 
 
 Question : 
Could Viet Nam provide detailed information why a certificate of free sale (CFS) is required in addi tion 
to the documents listed in Table 3.12 to accompany imported goods. Does Viet Nam have any plans 
to cease requesting a CFS?  
  WT/TPR/M/410/Add.1  
 
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 29  UKRAINE  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/410)  
2 TRADE AND INVESTMENT REGIMES  
2.2 Trade Policy Formulation and Objectives  
2.2.1 Trade policy objectives  
Page 35 (Para 2.17)  
The Report notes that the Strategy on Exports and Imports for 2011 -20, Vision to 2030 sets out 
three specific targets: the average annual growth rate of exports should be at the double -digit level; 
the growth rate of imports should be lower than that of exports; and a gradual reduction of the trade 
deficit.  
 
Question : 
1. Could  Viet Nam kindly clarify what concrete steps have been taken to improve export and reduce  
import?  
 
Answer:  
At first, the purposes of the Viet Nam export and import campaign is not to stunt the growth of 
import as mentioned in the question. This campaign was expected to facilitate the development of 
trade between Viet Nam and other partners.  
In order to ensure a good outcome and smooth implementation of the campaign, the Vietnamese 
Government built a detailed program of action that specified the tasks of Ministries and Province 
Authorities. Following the program, the head of these au thorities had their own plan to achieve the 
targeted results.  
Periodically, the Vietnamese Government evaluated the impact of this campaign and plans on the 
import -export situation and reviewed the implementation process. Besides, we also regularly 
updated  the changes in international trade, then made several adjustments if needed.  
 
2.4 Investment Regime  
Pages 42 -43 (Para 2.71)  
Under the Report, "Decree No. 118/2015/ND -CP (guidelines for some articles of the Law on 
Investment), issued on 12 November 2015, provides further details on conditions that might apply 
to investment, such as licences, certificates of eligibility, practice certificates, certificates of 
professional liability insurance, and other non -written certification; …".  
 
Question : 
2. Could Viet Nam, please, specify the difference between licences, certificates of eligibility, practice 
certificates, certificates of professional liability insurance, and other non -written certification in the 
context of conducting of investment activiti es? 
 
Answer : 
Documents (permits, certificates…) stated at Clause 2, Article 9 of Decree No.118/2015/ND -CP are 
all forms of written approval and certification by competent state agencies; as for other conditions 
(non-written certification), there is no need  for written certification or approval from a competent 
state agency.  
 
Page 43 (paragraphs 2.71 – 2.74)  
The Report describes legal and institutional framework of Viet Nam's investment regime and 
mentions the approving authorities, in particular People's C ommittee, Prime Minister, or National 
Assembly, involved in the process of investment projects assessment.  
 
Questions : 
3. Would Viet Nam, please, provide more detailed information on the role of the National Assembly, 
the Prime Minister and People's Commit tee in the investment projects approval procedure?  
 
Answer:  
The National Assembly, the Prime Minister, and the Provincial People's Committee shall consider the 
application for approval of investment policy and approval for the investor to implement an 
investment project in accordance with Clause 6 -Article 33 and Clause 6 -Article 35 of the Law on 
Investment.  
 WT/TPR/M/410/Add.1  
 
- 178 - 
 
 Question:  
4. Could Viet Nam clarify the criteria used by the relevant approving authority in the process of 
assessment of investment projects?  
 
Page 44 (paragraphs 2.80)  
The Report mentions the National Investment Information System for Private Sector, which is to be 
launched in 2021. This System is expected to provide enhanced information and services on 
investment procedur es to foreign investors.  
 
Question : 
5. Ukraine would appreciate if Viet Nam could provide more information on the National Investment 
Information System for Private Sector, which is expected to provide enhanced information and 
services on investment proced ures to foreign investors.  
 
Answer : 
The National investment information system is a professional information system for monitoring, 
evaluating, and assisting investors in conducting business investment activities, analyzing 
investment situation on a whole to serve the state management. In which, the National Investment 
Information System is used to carry out the procedures for issuing, adjusting the Investment 
Registration Certificate, and Investment Registration Certificate to abroad; post and update legal  
documents, policies and market access conditions for foreign investors; update and exploit 
information about investment promotion, foreign investment in Viet Nam, offshore investment, 
development of industrial zones, and economic zones, and state manageme nt of investment 
activities.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1 Customs procedures, valuation, and requirements  
3.1.1.2 Customs valuation  
Page 51 (Para 3.20)  
Under the Report, Article 86 of the Customs Law of Viet Nam constitutes the basic legal provisions 
for customs; it stipulates the transaction value as the principal method of customs valuation, and 
provides for alternative valuation methods.  
 
Question : 
6. Could Viet Nam, please, provide clar ification on the alternative valuation methods?  
 
Answer:  
In accordance to WTO's Agreement of Customs Valuation (based on which the Customs Law of 
Viet Nam and related guidelines were internalised), alternative valuation methods are as below:  
- The transaction value of identical goods  
- The transaction value of similar goods  
- The deductive value method  
- The computed value method  
- The fall -back method.  
Question:  
7. When Viet Nam is going to submit notifications regarding customs valuations?  
Answer:  
Notifications regar ding implementation  GATT/WTO Valuation Agreement, including Viet Nam's 
customs valuation has been sent to the Viet Nam Delegation to WTO (Document 
no. 064/VPBCĐLNKT -HTDP dated April 16, 2021 by National Steering Committee on Internation al 
Integration). According to the notification, Viet Nam's customs valuation complies with Agreement 
of Customs Valuation.  
 
3.1.3 Tariffs  
Page 58 (Para 3 .42)  
The Report notes that quotas for salt are allocated to traders that wish to use it for manufactur e, as 
confirmed by a competent regulatory authority. Quotas for poultry eggs are allocated to traders that 
wish to import them. Quotas for refined and raw sugar are allocated based on annual MOIT guidelines 
in consultation with the MARD and the MOF.  
 WT/TPR/M/410/Add.1  
 
- 179 - 
 
 Quest ion 
8. Could Viet Nam kindly elaborate on the criteria and requirements to be met for allocation of quotas 
for eggs and sugar?  
 
Answer : 
According to Article 14 Circular no. 12/2018/TT -BCT elaborating some articles of the Law on Foreign 
Trade Management and Government's Decree no. 69/2018/ND -CP dated May 15, 2018 elaborating 
some articles of the Law on Foreign Trade Management:  
1. Regarding poultry eggs: the trader that wishes to import poultry eggs.  
2. Regarding refined sugar and raw sugar: ad hering to the annual guidelines of the Ministry of 
Industry and Trade in consultation with the Ministry of Agriculture and Rural Development and the 
Ministry of Finance.  
 
3.1.5 Import prohibitions, restrictions, and licensing  
Page 64 (Para 3.58)  
The Repor t states that goods subject to import prohibition include certain chemicals, weapons, right -
hand drive vehicles, and certain used consumer goods, unchanged since 2013. Table 3.7 presents 
the list of such goods, which involves some assorted cultural product s including assorted publications 
and postage stamps.  
 
Question : 
9. Would Viet Nam, please, clarify the reason behind prohibition of assorted publications, postage 
stamps? Please, give some concrete examples of such prohibitions.  
 
Page 65 (Para 3.59)  
The Report mentions various import -licensing requirements for goods subject to import restrictions. 
It notes that the licensing requirement is also employed to administer importation of goods subject 
to tariff quotas.  
 
Question  
10. Does Viet Nam intend to notify its import licensing requirements in light of the WTO Agreement 
on Import Licensing Procedures?  
 
Answer:  
Viet Nam has been proactively announcing licensing requirements conformed to the WTO Agreement 
on Import Licensing Procedures.  
 
3.3 Measures Affecting Production and Trade  
3.3.7 Intellectual property rights  
3.3.7.3 Industrial property  
3.3.7.3.1 Patents  
Page 105 (Para 3.234)  
It is mentioned in the Report: "In terms of compulsory licensing, the IP Law reflects the main TRIPS 
provisions, and there has been no change since the last Review. On 23 January 2017, Viet Nam 
notified its acceptance of the 2005 Protocol amending the TRIPS Agreement (WT/L/641) regarding 
patents and public health. The authorities indicate that Viet Nam is amending th e IP Law to permit 
compulsory licensing for export of medicines to countries without sufficient production capacity. No 
compulsory licences have been granted since the IP Law was enacted."  
 
Questions : 
11. Could Viet Nam kindly describe its procedures conce rning compulsory licensing, clarify agencies 
involved in this process, their functions and inform on intention to use compulsory licensing for 
health protection purposes?  
 
Answer:  
Procedures for making decisions on compulsory licensing of patent are specified in Section 2, 
Chapter  II of Circular 01/2007/TT -BKHCN.  
- If the request for issuance of a decision on compulsory licensing is for public and non -
commercial purposes or in service of national defen ce, security, disease prevention and 
treatment and n utrition for people or other urgent needs of the society, the dossier will be 
submitted to the ministries or ministerial -level agencies in charge of the field covered by 
patent.  WT/TPR/M/410/Add.1  
 
- 180 - 
 
 - In this case, the ministries and ministerial -level agencies shall designate an agency to 
receive and examine those dossiers.  
- The designated agency of the ministries or ministerial -level agencies shall send a copy of 
the dossier to the Ministry of Science and Technology (through the VN IPO) for comments 
before submitting it to the ministers or heads of ministerial -level agencies for decision. The 
VN IPO shall consider and report it to the Minister of Science and Technology for him/her to 
request in writing the ministers or heads of ministerial -level agencies to issue a decision on 
compulsory patent licensing or a notice on refusal.  
- After receiving a written request of the Minister of Science and Technology, the ministers or 
heads of ministerial -level agencie s shall consider and issue a decision on compulsory patent 
licensing, or send to the dossier -filing person a notice on its refusal of compulsory patent 
licensing, clearly stating the reason for refusal.  
- If disagreeing with the request of the Minister of Sc ience and Technology, the ministers or 
heads of ministerial -level agencies shall notify the disagreement in writing, clearly stating 
the reason for disagreement.  
- Decisions on compulsory patent licensing shall be sent by the ministers or heads of 
ministeria l-level agencies to patent licensees, patent holders and the VN IPO. The VN IPO 
shall record those decisions in the national register on assignment of industrial property 
rights and publish them in the Industrial Property Official Gazette.  
Question:  
12. Wo uld Viet Nam, please, elucidate amendments to the IP Law required for implementation of 
the Protocol`s provisions after its acceptance by Viet Nam in 2017?  
 
Answer:  
The draft version of the Law amending and supplementing the IP Law will amend and suppleme nt 
the bases for compulsory licensing of inventions in Article 145. Accordingly, there will be a 
supplemented provision to permit compulsory patent licensing for export of pharmaceutical product 
for the purpose of disease prevention and treatment of other countries without sufficient production 
capacity under the provisions of the TRIPS Agreement.  
The provisions on the conditions and limitation of the right to use inventions licensed under 
compulsory decisions in Article 146 of the IP Law will be amended to  expand the scope to allow the 
exportation of medicines manufactured under the compulsory decisions to an eligible country.  
 
4 TRADE POLICIES BY SECTOR  
4.1 Agriculture, Forestry, and Fisheries  
4.1.2 Agriculture  
4.1.2.2 Border measures  
Page 113 (Para 4.12)  
Under the Report, the most recent notification on imports under tariff quotas for 2019 shows no 
imports of eggs under the tariff quota; about one quarter of the sugar quota was used, and about 
two thirds of the tobacco quota.  
 
Question : 
13. Based on the Report and Viet Nam's MA:2 notifications, could Viet Nam kindly provide a reason 
for a drop in the TRQ fill rate on sugar in 2019 as well as for an underfill of the quota in the preceding 
years?  
 
Answer:  
The reduction in using TRQ is due to the decreas ing demand of enterprises.  
 
PART II: QUESTIONS REGARDING THE REPORT  BY VIET NAM (WT/TPR/G/410)  
2 VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
2.1 Economic development  
2.1.2 Import and export of goods and services  
2.1.2.1 Import and export of goods  
Page 10 (Para 2.9) 
The Report notes that "In the context of declining global trade with the increasing trend of trade 
protectionism, the negative impact of the Covid -19 pandemic, and declining exports of many 
countries in the region, Viet Nam`s export results in 2020 reflect ed substantial efforts of the business 
community and localities through implementing solutions to boost production and exports. Exports 
and import turnovers in 2020 are expected to be USD 281.5 billion and USD 262.4 billion 
respectively, up 6.5% and 3.6% r espectively compared to 2019, and leads to a trade surplus of WT/TPR/M/410/Add.1  
 
- 181 - 
 
 USD 19.1 billion".  
 
Questions : 
14. In view of Viet  Nam`s minimal losses in foreign trade within global value chains during the 
Covid -19 pandemic, did the country use any instruments to stimulate  or regulate this area during 
said period?  If so, what were the instruments and which ones had the most positive effect?  
15. Given the possible risks of disruptions in international supply chains and declining consumer 
confidence due to the COVID -19, does Viet Nam plan to take policy measures to reorient trade and 
stimulate investment in order to reduce negative effects of the COVID -19? 
16. What are the priority sectors in Viet  Nam`s economy that receive state support to stimulate 
investment and trade?  
 
2.2 Economic and Trade Policy  
2.2.1 Macroeconomic and economic restructuring policies  
2.2.1.3 Economic restructuring  
Page 14 (Para 2.25) 
Under the Report, the agricultural production has shifted to focus on higher added value industries 
and more diversified e xport markets. Many production models with high technology appeared, 
enterprises' investment in agriculture is greater than before, including investment by large 
corporations, thus developing the value chain linkage.  
 
Questions  
17. Could Viet Nam kindly elaborate on the governmental actions and measures that lead to such 
positive changes?  
 
Answer:  
In order to increase the added value of agricultural products and attract businesses to invest in 
agriculture, in recent years, the Gove rnment of Viet Nam has had many policies such as:  
- Invest in research into new varieties, especially high -quality varieties  
- Policy to support people to produce according to safety standards (Vietgap, Global Gap)  
- Policies to encourage businesses to invest in agriculture  
- Policies to encourage high -tech agricultural production  
- Policy to strengthen production linkage between enterprises and farmers to increase product quality  
 
Question : 
18. Was there any governmental support provided to facilitate the shift in production to goods with 
higher added value?  
 
Answer:   
To improve product quality, the Government of Viet Nam has taken many solutions. Notably, the 
Prime Minister has issued the D ecision No. 01/2012 / QD -TTg dated January 9, 2012 on a number 
of policies supporting the application of good agricultural practices in agriculture. Industry, forestry 
and fisheries. This policy has promoted Viet Nam's agricultural production in the direct ion of creating 
safe products to meet domestic demand and export, contributing to increase the added value of the 
product.  
 
Question : 
19. What types of economic incentives were provided to encourage greater investments in 
agriculture ? 
 
Answer:  
According to preferential policies for organizations and individuals to invest in agriculture, there are 
solutions such as:  
- Exemption or reduction of land use fees  
- Exemption or reduction of land rent and water surface rent of the State  
- Supporting enterprises to research, transfer and apply high -tech agriculture  
- Support for investment in facilities: preserving and processing agricultural products; slaughter of 
cattle and poultry; manufacturing agricultural equipment, components and machines; prod uction of 
ancillary products  
- Support businesses to provide public services and invest in agricultural and rural infrastructure.  
 WT/TPR/M/410/Add.1  
 
- 182 - 
 
 2.2.2 WTO commitment implementation  
2.2.2.3 Intellectual property rights and rights related to intellectual property  
Page 28  (Para 2.109)  
According to the Report Viet Nam issued a Natio nal IP Strategy in 2019. The guiding viewpoint of 
this IP Strategy is to develop a synchronous and effective IP system in creating, acquisiting, 
exploiting and protecting IP rights, building an e nvironment that encourages innovation and meet 
the requirements of international integration, making IP an important tool to enhance national 
competitiveness, promote economic, cultural and social development.  
 
Questions : 
20. Could Viet Nam, please, inform, how this IP Strategy is envisaged to be incorporated into 
Viet Nam's national development strategy?  
 
Answer:  
The National IP Strategy is built on the basis of assessing and summing up the status of the 
development of Viet Nam 's IP system for many years and the general development orientation in 
economic, cultural, social, in industry sectors generally and in IP a rea particularly.  
 Viet Nam's Ten -year Socio -Economic Development Strategy for 2021 -2030 also determines the 
development orientation of IP, namely the mission of "Strengthen the protection and enforcement 
of intellectual property rights" is clearly stated in section 2 on "Strongly develop science, technology 
and innovation to create breakthrough in improving the productivity, quality, efficiency and 
competitiveness of the economy".  
 
Question : 
21. Whether any assistance (technical and/or financial) has been sought and provided by the WIPO 
and/or other international organizations to help formulate the IP Strategy in Viet Nam?  
 
Answer:  
Viet Nam received technical support from WIPO during the period of developing the National IP 
Strategy, i.e. WIPO provided  research materials, guided methodology and process to develop a 
national IP strategy, assigned consultants to Viet Nam to discuss and provide their professional ideas 
to develop draft Strategy.  
 
2.2.3 Trade policies since 2013  
2.2.3.1 Multilateral trading  system  
Page 30 (Para 2.115)  
The Report mentions that Viet Nam has studied discussions on e -commerce and domestic regulation. 
Besides, it is noted that Viet Nam is working closely with other AANZFTA Parties to develop the Work 
Plan for the AANZFTA Upgrade Negotiations, among others, in the area of e -commerce (Para 2.141).  
 
Questions  
22. Could Viet Nam kindly provide more clarification about its further plans concerning the 
participation in respective WTO Joint initiatives?  
23. What are the main concerns that prevent Viet Nam from joining them up until now?  
 
Answer:  
Viet Nam re -affirms its position in supporting a rule -based multilateral trading system. Since the 
WTO was officially established in 1995, then agreed rules may no longer be appropria te, especially 
the context of scientific technology revolution. Therefore, WTO reform is an inevitable trend. 
Accordingly, Viet Nam basically supports WTO members to make WTO reform proposals to remove 
the current difficulties and bottlenecks of the WTO as  well as maintain and ensure the role of this 
organization in the multilateral trading system. Therefore, Viet Nam would highly appreciate WTO 
Joint initiatives by the WTO members, which help to improve the effectiveness of economic 
integration in the regi onal and world. Currently, Viet Nam has supported JSI on Small and Medium 
Enterprises, JSI on Trade and Economic Empowerment for Women (TGE) and has been studying JSI 
on E-Commerce, Domestic Regulation and other JSI to have a comprehensive evaluation of th ese 
JSI before making official decision.  WT/TPR/M/410/Add.1  
 
- 183 - 
 
 2.2.3.3 Recent trade -related policies  
2.2.3.3.3 Telecommunication  
Page 40 (Para 2.188)  
The Report states that the National Program on provisioning public utility telecommunication services 
has been deployed continu ously until 2020.  
 
Question : 
24. Could Viet Nam kindly elaborate more on the main outcomes of the implementation of this 
Program upon its termination?  
 
Answer : 
Main outcomes of the implementation of the Program on provisioning Public Utility 
Telecommunications Services from 2016 -2019:  
- Broadband Internet access service has deployed in 4,315 agencies (Schools, Hospital and Offices 
of Communes People's Committee), 17 islands and 286 telecentres ; 
- Fixed telephone service has provided to 105 sub scribers;  
- Mobile phone service has provided to 28 subscribers, more than 4 million minutes emergency calls, 
over 3,8 million  minutes of maritime telecom service for searching and secure at the sea.  
  WT/TPR/M/410/Add.1  
 
- 184 - 
 
 30  UNITED STATES  
Questions based on the Secretariat Repor t (WT/TPR/S/410)  
1 ECONOMIC ENVIRONMENT  
1.2 Recent Economic Developments  
1.2.5 Impact of the COVID -19 pandemic  
Page 21, box #1.1 : The list of fiscal measures includes an entry labeled "Other measures to 
promote growth include: (T)ax exemptions for medical equipment; ..."  
 
1. Which criteria must companies meet to be eligible for these tax exemptions?  
2. Can only companies headquartered in Viet Nam apply for these exemptions, or can 
importers/companies with operations in Viet Nam but headquartered elsewhere also apply?  
2 TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.2 Regional and preferential agreements  
2.3.2.1 ASEAN  
2.3.2.1.2 ASEAN -Hong Kong, China Free Trade Agreement  
Page 38, paragraph 2.34: The Secretariat Report state s that, under the ASEAN -Hong Kong, China 
FTA, Viet Nam offers service providers in Hong Kong, China with commitments to open legal services. 
The specific commitment in the FTA appears to be the same as Viet Nam's GATS commitments 
except for an additional l imitation in the FTA regarding the presence of foreign lawyers in foreign 
law firms.  
Question:  
3. In what way did Viet Nam open legal services in this FTA?  
4. Can Viet Nam confirm that the additional market access limitation in the FTA with respect to 
the presence of foreign lawyers in foreign law firms does not apply to GATS Members?  
Answer:  
Viet Nam's commitments in legal services in ASEAN -HK are basically equal to those in the WTO. The 
newly added requirements for foreign lawyers organizations are not th e MA limitation.  
U.S. Follow -up Question:  
Viet Nam has indicated that the commitments are "basically equal. " Is Viet Nam indicating that the 
Secretariat report is inaccurate in stating that the HKC -China FTA offers commitments to "open legal 
services, " or is there some aspect of the FTA commitments that makes the Secretariat statement 
accurate?  
Answer:  
In accordance to Viet Nam's perspective, Viet Nam opens its market access in legal service to ASEAN -
HK members as provi ded in the ASEAN -HKC, Ch ina FTA . The level of commitments under the ASEAN  
-HKC, China FTA is equal to those in Viet Nam 's GATS commitments. The aspect of the FTA 
commitments regarding requirements for foreign lawyers organizations are not the MA limitation. In 
fact, such requirem ents have been provided in the Law on Lawyer which has been implementing for 
almost ten years, without any complaint from survice suppliers or foreign law firms.  
Page 38, Paragraph 2.34: Viet Nam maintains a local -agent requirement for cross -border 
adverti sing services, a sector for which Viet Nam has full Mode 1 commitments, excluding cigarette 
advertising. In August 2020, MIC issued a revised draft of Decree 181 on Advertising Services that 
would remove Viet Nam's local agent requirement.  
 
Question:  
5. What is the status  of that draft measure?  
 
Answer:  
Ministry of Information and Comminication has submited the draft of Amendmend of 
Degree  181/2013/ND -CP to Government for consideration and issuance.  WT/TPR/M/410/Add.1  
 
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 3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.1 Customs procedures, valuation, and requirements  
3.1.1.1 Customs Procedures  
Page 48, paragraph 3.1: According to the Secretariat report, "a revised Customs Law (Law 
No. 54/2014/QH13), which aims to domesticate inter national treaties to which Viet Nam is a party, 
was adopted on 23 June 2014, and entered into force on 1 January 2015…The authorities state that 
the legal documents were formulated through, inter alia, public consultations with relevant agencies, 
businesse s, and people via written documents, website posts, and business associations."  
The United States notes that many regulations which guide the implementation of Viet Nam 's revised 
Customs Law have not been notified to the WTO in accordance with the Trade Facilitation Agreement.  
 
6. Please indicate Viet Nam 's plans to complete notification of existing implementing 
regulations. Please provide the name of the authority respons ible for notifying those legal 
documents to the WTO and the point of contact designated for receiving information requests 
or comments.  
 
Page 50 Paragraph 3.16 : The Secretariat Report states,  "Since 2016, the Government has put in 
place a number of directions and guidelines with a view to facilitating international trade. These 
include Resolutions 19/NQ -CP in 2015, 2016, 2017, and 2018; Resolution 01/NQ -CP in 2019; and 
Resolutions 02/NQ -CP in 2019 and 2020, which set specific goals and assigned relevant ministries, 
branches, and agencies to implement solutions to achieve those goals. The Prime Minister issued 
directions to reduce the clearance time for goods, and to reform specialized inspectio n to facilitate 
import and export businesses, …"  
 
7. Please clarify when Viet Nam  will notify to the WTO/SPS Committee the Decree on Reform 
of Specialized Inspection, including food safety and quality inspection, for Imported Goods.  
Answer :  
Currently Viet Na m has not finished drafting any Decree on the mentioned matter. Viet Nam will 
notify to the WTO when there is any update and change in the status of the law on SPS in the coming 
time, WTO members are welcomed to provide any comments and feedbacks.  
Page 51,  paragraph 3.17: The Secretariat Report notes that Viet Nam issued advance rulings on 
commodity code classification, valuation, and origin of imported goods, amending and 
supplementing a number of articles of MOF Circular No. 39/2015/TT -BTC, issued on 25 M arch 2015, 
prescribing the customs value of exported goods.  
 
8. Please describe  whether these advance rulings are published, and if so, whether they are 
available online.  
Answer : 
Notices of results of pre -determination of codes are published on the website of the General 
Department of Customs.  
Page 51, paragraph 3.18: The Secretariat Report  states that customs procedures were simplified 
for goods in transit or transshipment in response to the COVID -19 pandemic. This appears to be the 
only reference t o transshipment in either report.  
 
Question:  
9. Please explain how the Government is addressing transshipment issues.  
Answer:  
"Currently, customs procedures for goods in transit and transshipment have been specified in Decree 
08/2015/ND -CP dated January 21,  2015 of the Government (amended and supplemented in Decree 
No. No. 59/2018/ND -CP dated April 20, 2018 of the Government), Circular No. 38/2015/TT -BTC 
dated March 25, 2015 of the Ministry of Finance (amended and supplemented in Circular No. 39). 
/2018/TT -BTC dated April 20, 2018 of the Ministry of Finance). Basically, the current legal 
regulations on customs procedures for goods in transit and transshipment have created favorable 
conditions for the development of transit and transshipment services in Viet  Nam. Accordingly, the 
implementation of customs clearance declaration for goods in transit and transshipment is done 
through the customs electronic data processing system, the declaration and information feedback 
are all electronic , except for goods in tran sit, transshipment in and out of the same airport or seaport WT/TPR/M/410/Add.1  
 
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 area. However, in the near future, the General Department of Customs will study and supplement 
electronic procedures for goods in transit, transshipment in and out of the same airport or seaport 
area. 
In addition, on April 9, 2020, the Government issued Decree No. 46/2020/ND -CP stipulating 
procedures, inspection and customs supervision for goods in transit through the Transit System 
ASEAN Customs (hereinafter referred to as the ACTS System); prior ity regime for enterprises 
conducting goods transit activities through the ACTS System; guarantee, deposit and collect customs 
duties on goods in transit through the ACTS System. Accordingly, this Decree is issued to create 
favorable conditions for transit  service activities between intra -ASEAN countries.  
Question:  
10. Are the simplified customs procedures enacted during COVID -19 still in place?  
Answer:  
In the complicated situation of the Covid -19 epidemic in Viet  Nam in 2020, simplified customs 
procedures will be applied, and will still apply in 2021, for example:  
(1) Implement quick customs clearance of goods, especially aid in epidemic prevention and control, 
and import of Covid -19 vaccines.  
(2) In 2020, direct the customs authority to suspend customs inspection and examination activities 
if there are no signs of customs law violations. In 2021, inspection and examination activities will be 
implemented, but in the spirit of accelerating the collection of evidence and information, only 
inspecting  and inspecting when signs of violations are clear.  
(3) Regarding documents to prove transport in the case of goods in transit, transshipment through 
a country that is not a member of the framework of the CPTPP, reviewed and instructed not to 
submit proof of documents for In case the goods are transported in full container, raw lead from the 
exporting country to the arrival in Viet  Nam and accept the master bill of lading for each leg, the 
secondary bill of lading if the secondary bill of lading shows that the goods are shipped from the 
country of origin  to the importing country;  
(4) The customs declarant is not required to submit the paper documents in the customs dossier as 
prescribed; not required to sign, stamp on these documents when sending through the  system;  
(5) Reducing the cases where samples must be taken for analysis, assessment and classification of 
goods; shorten the sample return time, increase the rate of notification of analysis results, and 
classify before and on time;"  
3.1.1.2 Customs valua tion 
Page 51, paragraph 3.20: The Secretariat Report  states that "Article 86 of the Customs Law 
constitutes the basic legal provisions for customs; it stipulates the transaction value as the principal 
method of customs valuations," and that Viet Nam's regu lations allow for alternative valuation 
methods. The United States is concerned that Viet Nam is using 'reference pricing', including the use 
of reference price databases, to revise upward the value of many imports from the United States.  
 
11. Please describe  Viet Nam's use of reference pricing and reference price databases.  
12. Please confirm whether the approach to valuation is consistent across all ports in Viet Nam.  
Page 52, paragraph 3.25 : The Secretariat Report  notes that Viet Nam has not filed any 
notifica tions regarding customs valuations to the WTO in accordance with the Trade Facilitation 
Agreement.  
 
13. Please explain when Viet Nam  will notify all regulations regarding customs valuations to the 
WTO. If Viet Nam  cannot , please explain why not.  
Page 52, para graph 3.25: According to the Secretariat Report , Viet Nam has not filed any 
notifications pursuant to the WTO Customs Valuation Agreement and decisions by the WTO 
Committee on Customs Valuation.  
 
14. Will Viet Nam notify  Article 86 of the Customs Law and thei r replies to the Checklist of Issues 
to the WTO Committee on Customs Valuation before the next meeting? If not, please explain 
why not.  WT/TPR/M/410/Add.1  
 
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 3.1.5 Import prohibitions, restrictions, and licensing  
Page 65, table 3.7 :  
 
15. Does Viet Nam  have any plans to review the import prohibition on used medical equipment 
in the near future?  
3.2 Measures Directly Affecting Exports  
3.2.4 Export support and promotion  
Page 73, paragraph 3.99: According to the Secretariat Report , the Viet Nam Trade Promo tion 
Agency is implementing 200 to 250 trade promotion projects with funding through the State Budget 
for the National Program on Trade Promotion.  
 
16. Please provide  additional information regarding these projects, including what sectors are 
supported and to  what extent funding support is based on export performance.  
Answer:  
Projects of the National Program on Trade Promotion cover all economic sectors in Viet Nam. The 
Program is supported partly from the State budget. Funding support is not based on export 
performance.  
Question : 
17. When will Viet Nam notify these programs pursuant to the notification obligations under 
Article 25 of the SCM Agreement?  
 
Answer:  
These programs are not specific, therefore are not subject to the notification obligations under Article 
25 of the ASCM.  
Pages 73 -76, paragraphs 3.100 -3.111: The Secretariat Report mentions various preferential 
policies, such as tax and duty incentives, available to certain preferential sectors in various 
geographically designated zones, such as expor t processing zones, industrial parks, economic zones, 
high-tech parks, and key economic zones. It appears that these incentive programs have not been 
notified pursuant to Article 25 of the SCM Agreement.  
 
18. Please provide additional information regarding whi ch sectors are supported under these 
policies.  
Answer:  
The information regarding eligible sectors were specified in Viet Nam's notifications to the WTO, 
specifically document G/SCM/N/284/VNM and document G/SCM/N/315/VNM  
Question  
19. When will Viet Nam notify these programs pursuant to the notification obligations under 
Article 25 of the SCM Agreement?  
Answer:   
These programs were notified in Viet Nam's notifications to the WTO, specifically document 
G/SCM/N/284/VNM and document G/SCM/N/315/VNM.  
3.3 Meas ures Affecting Production and Trade  
3.3.1 Incentives  
Pages 76 -78, paragraphs 3.116 -3.125: The Secretariat Report  identifies a wide variety of 
preferential support, including income tax, duty, land use, land rental, credit and investment capital 
incentives,  targeted at sectors such as fisheries, high -tech, solar, and wind power, as well as projects 
in certain geographical areas, none of which appears to have been notified pursuant to Article 25 of 
the SCM Agreement.  
 
20. When will Viet Nam notify these programs pursuant to the notification obligations under 
Article 25 of the SCM Agreement?  
Answer :  
These programs were notified in Viet Nam's notifications to the WTO, specifically document 
G/SCM/N/284/VNM and document G/SCM/N/315/VNM  WT/TPR/M/410/Add.1  
 
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 3.3.2 Standards and other techn ical requirements  
Page 81, paragraph 3.132 – The Secretariat Report  notes that Decree No. 78/2018/ND -CP aims 
to broaden the participation of technical committees developing national standards, notably by 
including associations, enterprises, and consumers, and aims at ensuring the compliance of national 
standards and techn ical regulations with international conventions signed by Viet Nam.  
 
Question:  
21. Please provide an update on how this initiative is progressing?  
Answer:  
Currently, the Decree 78/2018/NĐ -CP is being implemented very well in accordance with 
international sta ndards development practice. In the preparation process of TCVNs, the Ministry of 
Science and Technology requests that ministries and organizations allow representatives of 
regulatory agencies, associations, enterprises, science and technology organization s, consumers and 
related experts to participate in standards development. Compared to the previous periods, the role 
of associations, consumers, businesses, etc. have been paid more attention in the development of 
TCVNs.  
Question : 
22. How many new association s, enterprises and other consumer groups have been added to 
the technical committees?  
- Professional associations: 52  
- Independent expert: 24  
- Enterprises representatives: 161  
- Other non -professional associations: 51  
- Public agency representatives: 217  
- Representative of other science and technology organization, institution, testing lab, etc.: 736  
 
Question:  
23. Are foreign trade associations, enterprises and consumers permitted to participate in these 
technical committees?  
Answer:  
Foreign associations, businesses and consumers can participate in the technical committees. For 
example, at present, Japanese automobile and motorcycle manufacturers have joined technical 
committee to develop TCVN on automobiles and motorbikes.  
U.S. Follow -up Question:  
Please describe the process for foreign trade associations, enterprises, and consumers to participate 
in these technical committees. Are they required to apply? Please describe whether information on 
how to participate (and apply, if applicable) in technical committees is publicly available, and if so, 
whether that information may be found online.  
Answer : 
In case foreign trade associations, enterprises, and consumers want to participate in the Technical 
Committee, they can send documen ts to nominate experts to join the National Standard Technical 
Committee to the Directorate for Standards, Metrology and Quality. Staff sent to participate in TCs 
must meet the requirements specified in Article 7 and Article 8 of the Decision No. 22/2007/Q D-
BKHCN dated 28/9/2007 of the Ministry of Science and Technology.  
Page 81, paragraph 3.135 : Viet Nam has around 12,888 TCVNs in effect, of which 60% were 
harmonized with international, regional, or foreign standards (up from 40% in 2013). This result is 
in line with the objectives set by the Prime Minister.  
Question:  
24. Does Viet Nam intend to improve the 60% figure further?  
Answer:  
Viet Nam intends to raise the harmonization rate of international standards in order to support 
Vietnamese enterprises to access  major markets such as the United States, Europe, and Japan.  
According to Decision 1322/QD -TTg dated 31 August 2020 of the Prime Minister: Viet Nam  will 
increase the harmonization rate of TCVN with international standards, regional standards to 65% by 
2025 and from 70% to 75% by 2030.  WT/TPR/M/410/Add.1  
 
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 Question : 
25. Does Viet Nam see any structural reasons its relevant authorities cannot align more TCVNs 
with internationa l standards?  
Answer:  
No, we do not. The development of TCVNs is determined on the basis of requirements and 
recommendations of ministries and organizations to apply in accordance with the capacity and 
technical advancements.  
Page 84, paragraph 3.145: The Secretariat Report  referred to several pieces of legislation on the 
implementation of the Law on Animal Health. The United States notes that there is currently no 
written requirement under the Law on Animal Health or its imple menting guidelines regulating the 
issuance date of Export Certificate for products imported into Viet Nam.  
Question:  
26. Please provide written guidance on the issuance date of Health/Export Certificate for 
products imported into Viet Nam . In the absence of w ritten guidance, please confirm whether 
Viet Nam  will accept Health Certificates issued after the Bill of Lading.  
Answer : 
Please provide a clearer concern. The Vietnamese Law on Animal Health regulating the prevention, 
treatment, and fight against animal diseases; quarantine of animals and animal products; control of 
slaughtering of animals, preliminary processing and processing of animals and animal products; 
veterinary hygiene inspection; veterinary medicine management; Veterinary practice. Please  refer 
to the laws of import and export, Foreign Trade Management Law or Law on Food Safety for further 
guidance on export certificates for products imported to Viet Nam.  
U.S. Follow -up Question:  
Please explain whether Viet Nam will accept Health Certifica tes issued after the Bill of Lading.  If not, 
why not?  
 
Answer : 
The Health certificates will be accepted if meeting all the necessary requirements to maintain the 
appropriate level of protection for human, plant and animal health in Viet Nam. Countries whic h are 
interested in seeking the approval for Health Cerficates issued after the Bill of Lading need to contact 
Vietnamese authorities and submitting scientific evidences to prove that the issuance date of 
Health/Export Certificate for products imported int o Viet  Nam would provide the same level of 
protection for human, plant and animal health in Viet Nam for consideration.  
Page 85, paragraph 3.148:  The United States notes that some elements of Decree 15 remain 
unclear and, as a result, are causing disruptio ns to animal product, seafood, and aquaculture trade 
with Viet Nam.  
Question:  
27. Please explain what animal and seafood products will be considered 'processed' or 'pre -
packaged' under Decree 15.  
Answer:  
Ministry of Agriculture and Rural Development (MARD) Consolidated Document 08/VBHN -BNNPTNT, 
pursuant to Prime Minister Decision 10/2010/QD -TTg, providing detailed lists of products subject to 
CFS, expired in 2018, when Decree 69/2018/ND -CP replaced Decision 10/2010/QD -TTg. 
 
U.S. Follow -up Question:  
Please provide a clear definition of "processed " product for animal and seafood products under 
Decree 15.  
Answer : 
"Please refer to the Article 2 on the Law on Food Safety:  
According to the provisions of Clause 4, Article 2 of the Law on Food Safety for the definition of Food 
processing and Clause 27, Article 2 of the Law on Food Safety for the definition of ""Pre -packaged 
food." 
 
Question:  
28. Please explain  the status of the latest regulations and provide the detailed lists of goods, 
including th eir HS codes, for which a Certificate of Free Sale from the competent authorities 
of the exporting country that has been certified by consular services, is required.  WT/TPR/M/410/Add.1  
 
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 Answer:  
"Decree 15 regulates the list of food products which are required to register product declaration. 
Certificate of Free Sale from competent authorities of the exporting country is one of documents of 
the record of product declaration.  
The list of these products consists of:  
- Health supplements, medical foods, food for speci al dietary uses;  
- Nutritional products for children up to 36 months;  
- Mixed food additives with new usages, food additives that are not on the list of permitted food 
additives or food additives that are not used for the food categories as prescribed by M OH." 
Page 85, paragraph 3.149: The Secretary Report explains that  MARD Circular 12/2015/TT -
BNNPTNT  Guiding the Food Safety Inspection of Imported Plant Origin Products expired in 2018, 
when the Government of Viet Nam issued Decree 15/2018 guiding the Law o n Food Safety. Viet 
Nam notified the withdrawal of Circular 12/2015 as G/SPS/N/VNM/20/Add.  
Question:  
29. Please provide the list of imported  food and agricultural products subject to pre -clearance 
inspection and post -clearance inspection.  
Answer:  
Please refer to the Circular No. 14/2018/TT -BNNPTNT and No. 15/TT -BNNPTNT dated October 29, 
2018 issuing the HS Code Table for the list of goods under the management of the Ministry of 
Agriculture and Rural Development, including the List of terrestrial animals a nd terrestrial animal 
products, fishery products, plant products subject to quarantine and inspection.  
Page 86 paragraph 3.151: The Secretariat Report states,  "The Ministry of Health (MOH) Circular 
No. 50/2016/TT -BYT prescribes MRLs for different pesticide s and their active ingredients in plant -
based food products, which apply for domestically produced and imported goods". MOH Circular 
50/2016 prescribes MRLs for pesticides not only for plant -based food products, but also for meat 
and poultry, offal, and da iry products.  
 
Question:  
30. Please confirm whether Viet Nam  will maintain and approve MRLs for pesticides in 
domestically produced and imported goods, in line with CODEX standards.  
Answer:  
"Circular 50/2016/TT -BYT dated 30 December 2016 of Minister of Health regulates maximum residue 
limits of pesticides in food w as developed in line with Codex Standard on Maximum Residue Limits 
for Pesticides and Extraneous Maximum Residue Limits 2016. This Circular is applied for both 
domestically produced and imported food.  
31. Viet Nam had adopted Codex Standard on Maximum Resi due Limits for Pesticides and Extraneous 
Maximum Residue Limits 2016 to develop the Circular 50. The draft had been notified to Committee 
on Sanitary and Phytosanitary Measures (G/SPS/N/VNM/55) complying with the responsibilities of 
WTO members under SPS a greement."  
Question:  
31. Please outline Viet Nam's process for establishing MRLs and how it ensures CODEX standards 
are met.  
Answer:  
"Viet Nam had adopted Codex Standard on Maximum Residue Limits for Pesticides and Extraneous 
Maximum Residue Limits 2016 to develop the Circular 50. The draft had been notified to Committee 
on Sanitary and Phytosanitary Measures (G/SPS/N/VNM/55) complying with the responsibilities of 
WTO members under SPS agreement."  
Page 87 paragraph 3.157: The Secretariat Report states,  "The list of aquatic animals and aquatic 
animal products subject to quarantine and the related procedures are set out in Circular 
No. 26/2016/TT -BNNPTNT, as amended by Circular No. 02/2018/TT -BNNPTNT."  
Question:  
32. Please confirm that MARD Circular 2/2018/TT -BNNPTNT is still valid. If not valid, please 
provide the most current Circular.  
Answer:  
Yes, MARD Circular 2/2018/TT -BNNPTNT is still valid at the moment.  WT/TPR/M/410/Add.1  
 
- 191 - 
 
 Question : 
33. Please provide the most up -to-date list of aqua tic animals and aquatic animal products 
subject to quarantine and the related procedures.  
Answer:  
The up -to-date list of aquatic animals and aquatic animal products subject to quarantine and 
related procedures please refer to the No. 26/2016/TT -BNNPTNT, a mended some articles by 
Circular No. 02/2018/TT -BNNPTNT and Circular No. 36/2018/TT -BNNPTNT.  
3.3.4 Competition policy and price controls  
3.3.4.2 Price controls  
Page 92, paragraph 3.181 : The Secretariat Report  describes how the government's price 
management measures are published through press conference or mass media.  
 
Question:  
34. Do the measures enter into force immediately upon notification?  
Answer:   
Pursuant to the Law on Promulgation of Legal Documents, the effective date of legal documents in 
general and legal documents on prices in particular are specified in such documents. The time period 
from the date the document is adopted or signed for promulgation to the effective date is different 
depending on the type of document. The Government's announcement of price control measures 
through press conferences or the mass media is a form of policy communication/dissemination.  
Page 92, Paragraph 3.188: According to the Secretariat Report , the governme nt is working to 
establish a national price database for managing and regulating prices, especially for the purpose of 
forecasting market price fluctuations. Phase 1 of the database project was put into practical 
operation, and Phase 2 is under development . It is expected that some of the price information will 
be publicly accessible in the database.  
Questions:  
35. Please describe whether any of the pricing information in Phase 1 is publicly available, and 
if so, whether that information may be found online.  
36. Please also describe the expected timeline for Phase 2.  
Answers:  
"1) National price database project phase 1 has completed construction and has been put into actual 
operation since August 2018. The scope of the project includes a number of units in the Fi nance 
sector such as: 20 Departments of Finance; some General Departments, Departments under the 
Ministry of Finance and 10 price appraisal enterprises. In the project data lists of phase 1, the data 
on market price situation as prescribed in Circular 116/ 2018/TT -BTC is data that can only be 
accessed and used within the scope of implementation of the project  (do not release data to the 
Internet environment). Therefore, only the units under the project scope can exploit the above data.  
For other beneficiarie s outside the project, the National Price Database Phase 1 can also provide 
available information for organizations and individuals upon written demand.  
(2) Currently, the national price database project phase 2 is under construction, expected to be 
completed in mid -2022. When the project is completed, some project data will be published on the 
Internet (through the homepage of the National Data Center and Price Service under the Price 
Administration Department) such as: Consumer price index; Market p rice of some essential goods 
and services; Price of some goods on the State's list of prices; then, all interested people can access 
these data for free on the internet. Other data of the project will be shared according to the 
decentralization in complian ce with the Regulation on using, operating and exploiting the national 
database on price which will be issued after the project is completed."  
3.3.5 State trading, state -owned enterprises, and privatization  
3.3.5.1 State trading  
Page 93, paragraph 3.190:  The Secretariat Report states that Viet Nam last notified the WTO 
Working Party on State Trading Enterprises in 2016. However, based on the latest information 
provided by the Secretariat, Viet Nam has not provided notifications for the periods due in 2010,  
2012, 2018, and 2020.  
 
Question:  
37. Please provide an update as to when those outstanding notifications will be submitted to the 
Working Party for Member review.  WT/TPR/M/410/Add.1  
 
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 Answer:  
Currently, Viet Nam are consulting internally to gather needed information to submit the notification 
to the Working Party  
3.3.7 Intellectual property rights  
3.3.7.1 Overview  
Page 103, paragraph 3.227: The Secretariat Report states that: "A new proposal to amend and 
supplement several articles of the IP Law is being prepared and is planned to be submitted to the 
National Assembly in 2021. The proposal concerns policies related to copyright assignment or 
transfer, IPRs created from the state budget, copyright registration procedures, the balance of 
interests between IP rightsholders a nd users in various areas, collective representatives of copyright 
and other IP rights, IP enforcement, and the implementation of international obligations."  
 
Question:  
38. What is the timeline for finalizing the amended IP law and submitting it to the Nationa l 
Assembly?  
Answer:  
The Law amending and supplementing a number of articles of the IP Law will be submitted to the 
XV National Assembly for comments at the 2nd meeting session (October 2021).  
Question : 
39. Will Viet Nam conduct a public consultation process in connection with the amended IP law 
prior to submission to the National Assembly?  
Answer:  
During the process of drafting the Law amending and supplementing a number of articles of the IP 
Law, the IP Viet N am consulted interested parties through official dispatches, workshops and 
seminars. The parties consulted include ministries and sectors, local agencies, universities, research 
institutes, associations, attorneys, IP representatives, IP experts, etc.  
Also, the draft version of the Law amending and supplementing a number of articles of the IP Law 
was published on the web portal of the Government, of the Ministry of Science and Technology and 
Ministry of Culture, Sports and Tourism within 2 months (11/2020 - 01/2021) for agencies, 
organizations and individuals can contribute comments on the draft.  
Question : 
40. Once the IP law amendments are submitted, when would enactment likely occur?  
Answer:  
The enactment is expected to occur at the 3rd session of the National Assembly Meeting (May 2022).  
Page 107, paragraph 3.244: The Secretariat Report mentions the widespread problem of illegal 
broadcasting of television programs and movies in Viet Nam and the efforts the government is 
making to reduce  the problem. Viet Nam has published draft revisions to Decree 6 on the 
Management, Provision, and Use of Radio and Television Services  that would impose significant new 
restrictions on legitimate  on-demand suppliers of such programming, which could make t he problem 
worse.  
 
Question : 
41. What is the status of the draft revisions to Decree 6?  
3.3.7.6.1   International cooperation and integration  
Page 109, paragraph 3.252 : The Secretariat's Report states that: "Regarding regional trade 
agreements, in both the CPTPP Agreement and the EVFTA, Viet Nam undertook commitments to 
provide enhanced protection to IPRs."  
42. It is our understanding that both the CPTPP and EVFTA obligate s Viet Nam to accede to the 
WIPO Internet Treaties. What is Viet Nam's timeline for joining these treaties?  
Answer:  
Viet Nam will accede 2 WIPO Internet Treaties in 2022.  WT/TPR/M/410/Add.1  
 
- 193 - 
 
 Question : 
43. Will the amended IP law provide all the necessary changes to implement and comply with 
them?  
Answer:  
Viet Nam is making amendments and supplements to be consistent with international treaties and 
practices. It is expected that the Intellectual Property Law will be approved in 2022.  
4. TRADE POLICIES BY SECTOR  
4.1.2  Agriculture  
4.1.2.3 Domestic support  
Page 115, paragraph 4.24: The Secretariat Report  states "Rice is on the list of goods and services 
subject to price stabilization, in accordance with the Law on Prices. It is also on the list of national 
reserve goods under the Law on the National Reserve. […] The purchase or sale of national reserve 
goods is one of the measures the Government may use to stabilize prices."  The paragraph goes on 
to state that while the government has not used the nation reserve to stabil ize prices in recent years, 
"If necessary, the State may use price stabilization measures, including purchasing, setting the 
maximum or minimum prices, or selling national reserve goods to balance supply and demand for 
rice."  
Question:  
44. Please provide additional details regarding how Viet Nam determines when price stabilization 
measures are necessary . 
Answer:  
Viet Nam does not apply the maximum or minimum purchase price for rice. In case the government 
wants to buy rice for national reser ve to ensure food security and relief natural disasters, the 
purchasing price will be based on the average market price at the time of the decision to buy.  
In addition, rice is a commodity in the list of goods and services that is stabilized when the price  is 
too high, but support. According to Article 16 of the Law on Prices 2012, price stabilization is 
conducted in the following cases:  
• When the prices of goods or services on the list specified in Clause 2, Article 15 of this Law 
fluctuate;  
• When the pr ice level fluctuates, affecting the socio -economic stability.  
- According to Article 4 of Decree 177/2013 / ND -CP stipulates as follows:  
1. When the market price of goods or services fluctuates abnormally, they occur in the following 
cases:  
a) The buying or selling price in the market increases too high or falls unreasonably low compared 
to the price increase or decrease due to the impact of price -forming factors calculated according to 
the regimes, policies and economic norms. - a technique or meth od for calculating prices issued by 
a competent authority;  
b) The buying or selling price in the market increases or decreases unreasonably in the event of a 
natural disaster, fire, epidemic, enemy sabotage, economic -financial crisis, temporary supply -
dema nd imbalance;  
2. When the price level fluctuates, it affects the socio -economic stability, adversely affects production 
and people's life.  
Solutions  
According to Article 17 of Law on Price 2012, price stabilization measures are provided as follows:  
1. To r egulate the supply and demand of domestically produced goods and imported or exported 
goods; goods between regions and localities in the country through the organization of goods 
circulation; buying into or selling national reserve goods or goods in circul ation;  
2. The financial and monetary measures are consistent with the provisions of the law;  
3. In necessary cases, to set up a price stabilization fund for the goods subject to price stabilization 
on the List of goods and services subject to price stabili zation in order to support price stabilization; 
use price stabilization fund when the price of such goods or service fluctuates or adversely affects 
the economy and life.  
4. Price registration for goods and services subject to price stabilization. Producti on and business 
organizations and individuals shall only register prices for goods subject to price stabilization during 
the time the State applies price stabilization measures;  
5. Examining the pricing factors; inventory control; check the quantity and vo lume of existing goods;  
6. Applying price support measures in accordance with the provisions of law and international 
commitments;  
7. Specific pricing, maximum price, minimum price or price bracket suitable to the nature of each 
type of goods or service ac cording to the principles, grounds and methods specified in this Law.  WT/TPR/M/410/Add.1  
 
- 194 - 
 
 Question s: 
45. Please explain how prices for procurement in such situations are determined and how the 
quantities that will be procured are determined.  
46. Please confirm in what years since 201 3 the measures outlined in paragraph 4.24 have been 
utilized.  
47. Please provide any relevant legislation, regulations, or other official government documents 
related to the establishment and implementation of the measures outlined in paragraph 
4.24.  
The Unite d States notes that since the last Viet Nam Trade Policy Review in 2013, Viet Nam's 
domestic support notification includes "National temporary storage program for rice - Interest rates 
support" for 2014 and 2015.  
48. Please provide details on how this domestic  support measure notified was implemented and 
provide any relevant legislation, regulations, or other official government documents related 
to the establishment and implementation of this measure.  
 
Answer : 
The measures stated in Viet Nam's Notification G/AG/N/VNM/14 and G/AG/N/VNM/15 in the WTO 
are implemented according to Prime Minister's Decisions 373a/QD -TTg dated 15 March 2014 on the 
purchase and temporarily storage of paddy rice/crop for the 2013 -2014 Winter - Spring season and 
No. 241 /QD-TTg dated 24 February 2015 on the purchase and temporarily storage of paddy rice/crop 
for the 2014 -2015 Winter -Spring season. Based on the Prime Minister's direction in the above two 
Decisions, Minister of Finance issued Circulars No. 65/2014/TT -BTC da ted 19 May 2014 and 
No. 50/2015/TT -BTC dated 15 April 2015 instructing interest rate support for bank loans to buy and 
temporary store paddy rice/crop for the 2013 -2014 Winter - Spring season and the 2014 -2015 
Winter -Spring season. Accordingly, in fact, d uring the reporting period, Viet Nam only bought rice 
for temporary storage in 2014 and 2015. Domestic support measures stated in Viet Nam's 
Notification G/AG/N/VNM/14 and G/AG/N/VNM/15 in the WTO is not a price management measure 
according to the provisio ns of the Law on Price.  
49. Please detail whether the domestic support measures notified were terminated after 2015 
or continue to be implemented, but no procurement has occurred.  
Answer : 
The domestic support measures according to Viet Nam's notification G/AG/ N/VNM/14 and 
G/AG/N/VNM/15 in the WTO were implemented in 2014 and 2015. These are not price management 
measures (including price stablization) according to the Law on Price.  
50. Please explain how the notified measure relates to the measures outlined in Parag raph 4.24 
regarding the price stabilization of rice.  
Answer : 
The measures notified under the framework of the Agreement on Agriculture (G/AG/N/VNM/14 and 
G/AG/N/VNM/15) are not price management measures (including price stablization) according to 
the Law o n Price. As answered in Article 39 and 40, since 2013, the Government has not 
implemented measures to stablization rice price.  
51. Please provide any other information that will help Members understand the totality of 
Viet Nam's rice policies.  
The United State s also notes that the Viet Nam  Food Association (VFA), a state -owned enterprise, 
has played a role procurement of rice.  For example, the United States is aware of VFA announcing 
guaranteed purchase prices for rice from 2008/09 through 2010/11.  
Please expla in VFA's role in Viet Nam's rice policy since 2008.  
52. Please explain VFA's role in Viet Nam's rice policy since 2008.  
53. Please explain what role VFA plays in the implementation of the measures outlined in 
paragraph 4.24.  WT/TPR/M/410/Add.1  
 
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 4.1.3 Fisheries  
Page 117, paragraph 4.2 8: 
 
Question:  
54. What are the policies introduced by the Law on Fisheries to "support fishermen" as 
referenced in this paragraph?  
Answer:  
"At points d and e, Clause 2, Article 6 of the Law on Fisheries 2017, the State offers the following 
support policies:  
d) Purchase insurance for aquaculture on seas and islands; crew insurance; insurance for hulls and 
equipment for fishing vessels engaged in fishing at sea from the high seas outward.  
 
e) Developing fisheries activities from offshore areas; restore production when there are 
environmental incidents, natural disasters, epidemics; supporting fishermen during the period of 
ban on fishing, changing jobs in order to reduce the intensity of inshore fishing. " 
Question:  
55. Does this include the support r eferenced in paragraph 4.34?  
Answer:  
"This content is included in the paragraph 4.34."  
Page 117, paragraph 4.30: According to the Secretariat Report, "The fisheries policy is included 
in the Master Plan on Fisheries Development through 2020, Vision to 2030  (Prime Minister's Decision 
No. 1445/QD -TTg issued on 16 August 2013). The Plan sets objectives for turning fisheries into a 
highly competitive, large community production sector. Its targets for 2020 included a seafood 
export value of around USD 11 billio n, with an annual average growth rate of 7% -8% between 2011 
and 2020; for 2030, its targets include a seafood export value of USD 20 billion, with an annual 
average growth rate of 6% -7% between 2020 and 2030."  
Question:  
56. How does Viet Nam intend to achieve the objectives and meet the targets referenced in this 
paragraph?  
Answer:  
"With the goals set out to 2020 in Decision No. 1445/QD -TTg, the solutions have been organized 
and implemented synchronously by Viet Nam from central to local levels:  
 
- Concentrate on developing concentrated aquaculture, industry, applying high technology to 
ensure efficient use of water resources and waste treatment to limit environmental pollution. 
Strengthen research and development of disease -free and high -quality var ieties.  
- Investigate and evaluate aquatic resources, prescribe areas and occupations banned from 
exploitation, and change coastal fisheries; implementing fisheries exploitation in 
combination with the protection, restoration and development of aquatic resou rces, 
conserving all kinds of consecrated aquatic products, implementing sustainable fisheries 
development.  
- Develop research and application of high -tech science and advanced technology in 
aquaculture seed production, aquaculture, exploitation and processi ng in order to reduce 
waste, save raw materials and energy, low investment cost, high efficiency.  
- Develop mechanisms and policies to support fisheries development, attract non -budget 
resources to invest in and develop fisheries effectively and sustainably.  
- In the next period, continue to develop fisheries with the following orientations: Increase 
aquaculture; reduce catches, promote offshore fishing in combination with protection and 
regeneration of aquatic resources; apply advanced science and technology t o the fisheries 
sector to help reduce costs, increase productivity, and increase added value per product 
unit; improve the quality and efficiency in the management of the fisheries sector. " 
Question:  
57. If Viet Nam is seeking to subsidize the fisheries sector  to do so, what measures would it take 
to ensure that subsidies do not cause or contribute to overfishing or overcapacity?  WT/TPR/M/410/Add.1  
 
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 Answer:  
- Vietnamese fishing vessels have over 99.5% wooden hulls, very rudimentary equipment for 
exploitation and preservation of products, low labor productivity, and poor quality of catches. 
Short sailing time, unsafe for people and vehicles when operating at sea. Viet Nam's 
supportive policies aim to improve the quality of the fleet, gradually replacing timber 
harvesting ships with new material vessels; equipped with modern exploitation, preservation 
and marine equipment to improve quality, efficiency and safety.  
- Currently, Viet Nam has issued quotas on fishing licenses, and localities seriously implement 
it to ensu re that the number of fishing vessels is not increased. In addition, Viet  Nam is 
studying to issue a catch quota for tuna.  
- Focus on research development and application of science and technology in processing and 
preserving post -harvest products to increas e the value of each aquatic product (reducing 
post-harvest losses)."  
Page 118, paragraph 4.34: This paragraph indicates that "[s]everal support programmes were, 
or are being, implemented to support the fisheries sector." Viet Nam's notification to the WTO,  as 
referenced in this paragraph, indicates the duration of the "Fishery Development Policies" was from 
2015 to 2018, and the program is under evaluation.  
Question:  
58. Does Viet Nam currently provide support under the Fisheries Development Policies?  
Answer:  
Viet Nam has implemented a support policy according to Decree 67/2014/ND -CP and the Decree 
amending and supplementing a number of articles of Decree 67/2014/ND -CP (mentioned in the 
country report).  
Question:  
59. If so, how does Viet Nam ensure such subsidies do not cause or contribute to overfishing or 
overcapacity?  
Answer:  
With the goal of sustainable development, the Fisheries Law 2017 stipulates the management of 
fishing according to quotas; ensure not to caus e over -exploitation, overloading of mining power.  
Question:  
60. If Viet Nam is no longer providing such support, why is the government seeking flexibilities 
in the WTO fisheries subsidies negotiations if it does not provide subsidies in this sector?  
Answer:  
Viet Nam participates in WTO fisheries subsidy negotiations to take measures to ensure sustainable 
development in terms of nature, socio -economy, security and order at sea in the future; especially, 
workers in this industry are the most vulnerable who carry  out their livelihoods with many 
unpredictable risks. Reserving or seeking international agreements that both demonstrate 
international obligations and ensure minimum growth, minimum living and working standards for 
the people is a legitimate goal of any c ountry.  
4.2 Mining and Energy  
4.2.2 Energy  
4.2.2.1 Electricity  
Page 124, paragraph 4.56: According to the Secretariat Report , Viet Nam adopted a roadmap to 
establish a competitive market for electricity through Prime Minister's Decision No. 63/2013/QD -TTg 
(regulations on the power sector, and conditions and structure for the development of the electricity 
market in Viet Nam), issued on 8 November 2013.59 Three segments are being considered for 
increased competition in this market: generation, wholesale, and  retail. Each segment is to be 
liberalized gradually and sequentially until a completely liberalized retail market becomes effective 
in 2024, while the Government plans to continue regulating retail prices to ensure that consumers 
benefit from increased co mpetition in the market. Greater competition and private participation are 
expected to improve efficiency and reduce transmission and distribution losses."  
 
Question:  
61. Please describe the updates /timeline on how the government will implement the roadmap, 
and liberalize these segments by 2024.  
 WT/TPR/M/410/Add.1  
 
- 197 - 
 
 Answer :  
Up to the present, the power generation has been fully liberalized by 2015; the wholesale market 
has just been in operation since 2019, it is now in the process of completion, adapting to the actual 
situation in Viet Nam and worldwide trends. With an eye toward the last segment, the government 
of Viet Nam has issued the model design of the electricity retail market (Decision No.2093/QD -BCT 
dated Aug ust 07, 202) which includes the 3 -phase roadmap of implementation:  
Phase 1 (till the end of 2021): The preparation phase  
- Transforming the System & Market Operator (SMO) into an independent company.  
- Completing the legal framework for power sector reform  specialized for the retail market.  
- Revising market rules of the wholesale market and related legal documents, experimentally 
allowing contractual behavio ur between renewable energy generators and consumers.  
Phase 2 (2022 -2024): Consumers participating i n the spot market  
a) Prerequisites  
- New regulations on electricity distribution price, SMO price.  
- Revising related legal documents for consumers participation in the spot market, separating 
between cashflows from the spot market and bilateral contracts.  
- The SMO becomes independent.  
- Ring-fence between distribution and retail units.  
- Consumers participating in the spot market are equipped with information technology systems in 
compliance with market rules and capacity to perform transactions.  
b) Opera ting mechanism  
- Performing the experiment on the mechanism of large -scale consumers singing contracts directly 
to renewable energy generators. Implementing the model of consumers purchasing electricity from 
the spot market based on the experimental result . 
- Consumers which are not participating in the spot market continue to purchase electricity following 
the regulated tariff.  
Phase 3 (beyond 2024): consumers choosing electricity retailers  
a) Prerequisites  
- Having distribution price, SMO prices calculate d and applied.  
- Having the ring -fence between distribution and retail units set up.  
- Retail tariff reform: reflecting true costs, eliminating the cross -subsidy.  
- All retailers participating in the market have required information technology infrastructu re. 
- Consumers are fully acknowledged about the retail market, including but not limited to rights and 
duties.  
b) Operating mechanism  
- Continuing to complete the mechanism of consumers participating in the spot market.  
- Allowing consumers at pre-determined load size and voltage level to choose among retailers 
following a suitable roadmap.  
 
4.3 Manufacturing  
4.3.3 Other manufacturing activities  
Page 134, paragraph 4.113:  Viet Nam published several decrees that update Circular 
No. 30/2015/TT -BYT on importation of medical devices, most recently through Decree 03/2020/ND -
CP.  
 
62. Please explain  the government's plans/timeline for implementing these licensing 
requirements and processing applications, leading up to and after planned full 
implementation of 03/2020/ND -CP on 1 January 2022.  
 
Answer:  
Viet Nam has started reviewing and approving all applications submitted under Decree 36/2016/ND -
CP; Decree 169/2018/ND -CP; and Decree 03/2020/ND -CP.  
- For local manufacturing products: Viet Nam have reviewed a nd approved for almost applications 
and this registration license is valid immediately.  
- For other imported products, Viet Nam has several options for fast -track review/ approval regulated 
in current Decrees in which some parts of applications is exempte d to review and focus on legal 
documentation. Full submission from industry is still required.  
Viet Nam has conducted 02 trainings in Mar 2021 to guide industry on how to prepare and update 
applications to align with MoH's requirements for local manufactu ring and disinfected products. Viet 
Nam is in process to organize 02 another trainings from the rest of products to guide industry in 
preparing and submitting proper applications, accelerate licensing process.  WT/TPR/M/410/Add.1  
 
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 Viet Nam is also in process of reviewing and a mending current regulations to meet reality practice 
and harmonize with ASEAN and other countries.  
 
4.4 Services  
4.4.2 Overall commitments under the General Agreement on Trade in Services  
Page 136, paragraph 4.121: Footnote 116 in the Secretariat Report li sts a large number of sectors 
for which Viet Nam listed foreign equity -cap limitations in its GATS commitments. Table 2.2 of 
Secretariat Report  presents a shorter list.  
 
63. Are there any services sectors that do not appear in Table 2.2 for which a foreign equity cap 
still exists?  
4.4.5 Telecommunications  
Page 145, Paragraph 4.153:  The report states that Viet Nam intends to develop software and 
digital content outsourcing services to enable a thriving telecommunications industry.  Yet, MPS has 
issued a draft implementing decree for the Law on Cybersecurity that includes data localiza tion and 
local presence requirements that would affect a wide array of digital service suppliers, including 
telecommunications services suppliers.  
 
Question:  
64. What is the status of this draft measure?  
5 APPENDIX TABLES  
 
Table A3.9 Basic SPS Regulations  
 
Question:  
65. Please provide a website or a contact point for trading partners to verify the validity of SPS -
related regulations.  
Answer:   
Contact point for SPS in Viet Nam: Viet Nam SANITARY AND PHYTOSANITARY NOTIFICATION 
AUTHORITIES AND ENQUIRY POINT  
Address: Block A3, no 10 Nguyen Cong Hoan str.., Ha Noi, Viet Nam  
TEL: +84 4 3734 4764  
FAX: +84 4 3734 9019  
Email: spsViet Nam@mard.gov.vn  
Website: http://www.spsViet Nam.gov.vn/  
 
Question : 
66. Please provide information on where to find the Law on Animal Husb andry (AHL) and related 
regulations (government decrees, circulars, national technical regulations, etc.) guiding the 
implementation of the AHL.  
 
Answer:   
"For the Law on Animal Husbandry and related regulations, please contact the Livestock Production 
Department  
Add: Block B, 16 Thuy Khue, Tay Ho, Hanoi, Viet Nam  
Tel: +(84 24) 37331225  
E-mail: thanhtraphapche@gmail.com  
phuc.vcn@gmail.com  
Website: http://cucchannuoi.gov.vn " 
U.S. Follow -up Question:  
The United States believes the email addresses may be inaccurate.  Please provide the name(s) of 
the point of contact at the Ministry of Agriculture and Rural Development and confirm the e -mail 
addresses."  
Answer : 
"For the Law on Animal Husbandry and related regulations, please contact the Livestock Production 
Department  
Mr. Duong Tat Thang, Deputy Director in charge,  
Add: Block B, 16 Thuy Khue, Tay Ho, Hanoi, Viet Nam  
Tel: +(84 24) 37331225  WT/TPR/M/410/Add.1  
 
- 199 - 
 
 E-mail: thangdt.cn@mard.gov.vn  
Website: http://cucchannuoi.gov.vn " 
Question:  
67. Please provide information on where to find the Law on Cr op Production (CPL) and related 
regulations guiding the implementation of the CPL.  
Answer:  
"For the Law on Crop Production and related regulations, please contact the Department of Crop 
Production  
No. 2 Ngoc Ha, Ba Dinh, Hanoi, Viet Nam  
Tel: +(84 24) 3733 5724  
Tel: +(84 24) 3734 4967  
E-mail: tt@mard.gov.vn " 
U.S. Follow -up Question:  
Please provide the name(s) of the point of contact at the Ministry of Agriculture and Rural 
Development."  
Answer  
"or the Law on Crop Production and related regulations, please contact the Department of Crop 
Production  
No. 2 Ngoc Ha, Ba Dinh, Hanoi, Viet Nam  
Mr. Nguyen Nhu Cuong, Director General of Department of Crop Production.  
Tel: +(84 24) 3733 5724  
Tel: +(84 2 4) 3734 4967  
E-mail: tt@mard.gov.vn  
Website: http://www.cuctrongtrot.gov.vn " 
Question : 
68. Please provide information on where to find laws and regulations on biosafety assessment 
of genetically engineered (GE) products and approval of GE products for trade and 
cultivation.  
 
Answer : 
Laws and regulation on biosafty assessment of GE belongs to the Ministry of Natural Resources and 
Environment (Decree 69/2010/ND -CP and related) . 
U.S. Follow -up Questi on: 
"The United States understands the Ministry of Agriculture and Rural Development also has 
responsibilities in the review and approval of GE products.  Please provide the regulations for the 
approval of GE products, including the diagram for the decision  structure."  
Answer : 
"Relating to GE, please refer to the following documents which states the responsibilities of the 
Ministry of Agriculture and Rural development:  
- Joint Circular No. 45/2015/BNN -BKHCN TTLT from the Ministry of Agriculture and Rural 
devel opment and the Ministry of Natural Resources and Environment guiding the food 
labelling of GE products . 
- At the moment, there is no official diagram for the decision structure relating to this issue. 
However, interested partners can check the Decree No. 15/ 2017/ND -CP of the Government: 
Regulations on functions, tasks, powers and organizational structure of the Ministry of 
Agriculture and Rural Development and Decree No.36/2017/ND -Cp prescribes the functions, 
tasks, powers and organizational structure of the Ministry of Natural Resources and 
Environment for more information."  
 
Question : 
69. Please provide information on where to find laws and regulations on specialized inspection 
(food safety and quality inspection) for imported foods and agricultural products.  
Answer : 
Laws and regulations on specialized inspection (food safety and quality inspection) for imported 
foods and agricultural products:  
- For food safety and quality inspection: Viet Nam Food Administration, M inistry of Health for 
the implementa tion of Decree No. 15/2018/ND -CP dated 2 February 2018 of the Government 
on elaboration of some articles of the Law of Food Safety  WT/TPR/M/410/Add.1  
 
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 - Agricultural products management: Ministry of Agriculture and Rural Development 
(specifically the Animal Health Department, P lant Protection Department and Nafiqad).  
U.S. Follow -up Question:  
The United States understands that the Viet Nam Food Administration does not manage the quality 
inspection of food or agricultural products.  Please consult with the Ministry of Health and Mi nistry of 
Agriculture and Rural Development and provide further clarification on who conducts food safety and 
quality inspection for imported foods and agricultural products."  
Answer : 
Please refer to the Decision No. 2728/QĐ -BYT dated 03/5/2018 for Regulations on functions, tasks, 
powers and organizational structure of the Viet Nam food Administration under the Ministry of 
Health, which clearly state that the VFA is the State inspection agency for imported food safety for 
products under the managemen t scope of the Ministry of Health. For agricultural products, Ministry 
of Agriculture and Rural Development (specifically the Animal Health Department, Plant Protection 
Department and Nafiqad).  
 
WTO TPR: VIET NAM  
Questions based on the Government Report (WT/TPR/G/410)  
2 VIET NAM ECONOMIC AND TRADING DEVELOPMENT IN THE PERIOD OF 2013 -2020  
2.2 Economic and Trade Policy  
2.2.1 Macroeconomic and economic restructuring policies  
2.2.1.3 Economic restructuring  
Page 12, Paragraph 2.19: The Government Report  states that "Notably, the Government has 
promulgated and implemented all projects and plans for restructuring sectors and fields, such as 
SOE restructuring plan."  
70. Please clarify what the SOE restructuring plan entails, what was done to implement the plan , 
and the current status of SOE restructuring in Viet Nam.  
Page 13, Paragraph 2.22: The Government Report  notes that "key sectors and fields are focused 
to replace a number of SOEs." Further the Government Report  states that "a number of weak SOEs 
have ret urned to operation."  
Question:  
71. What SOEs have been replaced and how have they been replaced?  
Answer:  
In the period 2016 -2020, 180 State -owned enterprises have undergone restructuring in the form of 
equitization. The forms of equitization include:  
- Maintain state capital, issue more shares to increase charter capital;  
- Selling a part of the state capital or a combination of selling off part of the state capital and 
issuing more shares to increase charter capital;  
- Sell all existing state capital or com bine the sale of all state capital and issue more shares 
to increase charter capital.  
Question:  
72. Have they been divested or replaced with new SOEs?  
Answer:  
The above -mentioned State -owned enterprises have been equitized and after equitization these 
enterpri ses have registered their business and operated in the form of joint -stock companies. In the 
period 2016 -2020, Viet  Nam does not establish new SOEs, so there are no new SOEs to replace 
equitized SOEs.  
Question:  
73. What actions  has the government taken to retu rn them to operation?  
Answer:  
For a number of projects and enterprises behind schedule and inefficiently in the industry and trade 
sector, ministries and agencies have directed enterprises to take measures on corporate governance, 
rearrangement and reorgan ization of production and labo ur to reduce input costs, improve 
production, business and investment efficiency; determine responsibility and handle violations 
against organizations and individuals.  WT/TPR/M/410/Add.1  
 
- 201 - 
 
 Question:  
74. Has the government provided below market loans, subsidies, or other forms of assistance 
to these SOEs? If yes, please identify and describe them.  
Answer:  
The Government of Viet  Nam does not provide loans, subsidies or other forms of support to these 
enterprises.  
i. The system of legal mechanisms and polici es to serve the process of restructuring State -
owned enterprises, adjusting operations and managing State -owned enterprises has been 
fully promulgated, ensuring strict and transparent publicity  financial performance and results 
of production and business activities of State -owned enterprises, including:  
- Group of policies on equitization of state -owned enterprises: Decree No. 126/2017/ND -CP 
dated November 16, 2017 of the Government, amended and supplemented in Decree 
No. 140/2020/ND -CP dated November 16, 2017. November 30, 2020; Circular 
No. 40/2018/TT -BTC and Circular No. 41/2018/TT -BTC dated May 4, 2018 of the Ministry of 
Finance.  
- Group of financial policies on investment of state capital in enterprises and management an d 
use of capital and assets in enterprises: Law on management and use of state capital 
invested in production and business at enterprises ( Law No. 69/2014/QH13 dated November 
26, 2014 of the National Assembly); Decree No. 91/2015/ND -CP dated October 13, 2 015 of 
the Government, amended and supplemented in Decree No. 32/2018/ND -CP dated March 
8, 2018 and Decree No. 140/2020/ Decree -CP dated 30/11/2020; Circular No. 219/2015/TT -
BTC dated December 31, 2015, as amended and supplemented in Circular No. 59/2018/T T-
BTC dated July 16, 2018 of the Ministry of Finance.  
- Group of policies on financial supervision and information disclosure of SOEs: Decree No. 
87/2015/ND -CP dated October 6, 2015 of the Government, Circular No. 200/2015/TT -BTC 
dated December 15, 2015 of t he Ministry of Finance; Decree No. 47/2021/ND -CP dated April 
1, 2021 of the Government.  
ii. The above regulations are publicly announced.  
iii. Based on the above provisions, State -owned enterprises must develop an investment and 
development strategy, a 5 -year and a nnual business plan and approved by the owner's 
representative agency, including: planned revenue and profit. The distribution of profits of 
State -owned enterprises shall comply with Law No. 69/2014/QH13 and guiding documents 
mentioned above.  
iv. According to Article 10 of Law No. 69/2014/QH13, the scope of state capital investment 
focuses on the following areas:  
- Enterprises providing essential public products and services for the society;  
- Enterprises operating in the fields of directly serving national defense  and security;  
- Enterprises operating in the field of natural monopoly;  
- Enterprises applying high technology, making large investments, creating a driving force for 
rapid development for other industries, fields and the economy.  
v. According to the provisions of Law No. 69/2014/QH13, for State -owned enterprises which 
are operating effectively but the charter capital does not guarantee the implementation of 
the main business lines of the enterprise, which has been approved by the owner's 
representative agency. a pproved or the enterprise operates in the field directly serving 
national defense and security but the charter capital is not guaranteed to perform the tasks 
assigned by the State and belongs to one of the fields mentioned in Article 10 of Law No. 
69/2014/  QH13 is considered for additional investment in charter capital."  
U.S. Follow -up Question:  
Viet Nam answered that "the legal regulations governing the operation and management of SOEs in 
Viet Nam have been reflected to ensure transparent SOE operations. " 
o Please provide a copy of these legal regulations?  
o Are these regulations publicly available?  
o Do these regulations require SOEs to achieve a target rate of return or to pay dividends to 
the State?  
o What key sectors and fields as Viet Nam focusing on for SOEs  going forward?  
o Has Viet Nam provided any new equity (as a specific form of support) to its SOEs in the 
reporting period?  If so was that equity provided on market terms?"  WT/TPR/M/410/Add.1  
 
- 202 - 
 
 2.2 Economic and Trade Policy  
2.2.1 Macroeconomic and economic restructuring policies  
2.2.1.5 Trade remedy mechanisms  
Page 16, paragraph 2.33:  The Government Report  notes that "trade remedies legislation of 
Viet Nam, including the Law on Foreign Trade Management 2017 and its implementing legal 
documents, has been relatively completed."  
 
Question:  
75. Given that the trade remedy legislation is relatively completed, please indicate if Viet Nam 
has plans to enact further legislation or implementation guidelines to the Law on Foreign 
Trade Management 2017.  
Answer:  
The Government has a plan to enact a Circular in 2021 which provides implementation guidelines 
on the investigation and application of regional safeguard measures provided in RCEP.  
Page 16, paragraph 2.34:  The Government Report  states that the current trade remedies 
legislation includ es a number of new provisions, including provisions that "give the trade remedies 
investigating authority a legal framework to conduct anticircumvention investigations and impose 
anti-circumvention measures."  
Question:  
76. Please indicate if Viet Nam has cond ucted an anticircumvention investigation and, if so, 
imposed any anti -circumvention measures.  
 
Answer:  
Viet Nam conducted an anticircumvention investigation on certain steel products (AC01 -SG04) in 
2018. The measure is currently in force and it will be exp ired in 2023.  
2.2.2 WTO commitment implementation  
2.2.2.1 Trade in goods  
2.2.2.1.3 State trading enterprises  
2.2.2.1.3.2 Regarding the results of the equitization of state -owned enterprises  
Page 20, Paragraph 2.56: The government states that there are "174 equitization plans approved 
by competent authorities with a total enterprise value of VND 443,126 billion, of which the value of 
state capital is VND 206,748 billion."  
 
Question : 
77. What factors account for the value of state capital to be so low relative to enterprise value?  
78. Is it reflective of less than majority stake in certain enterprises?  
79. Alternately, is the state capital value indicative of the initial capital contribution by t he 
government, and the enterprise value reflects the current value of the enterprise 
incorporating growth in value since capital contribution?  
Answer:  
"According to the provisions of Clause 1, Article 27 of Decree No. 126/2017/ND -CP dated November 
16, 2017  on transforming state -owned enterprises and one -member limited liability companies with 
100% charter capital invested by state -owned enterprises into companies , "1. Total actual value of 
an equitized enterprise is the value of all assets of the enterprise  at the time of enterprise valuation 
after re -evaluation taking into account the profitability of the enterprise.  
Actual value of state capital in an equitized enterprise is the total actual value of the equitized 
enterprise after deducting payables and th e balance of non -business funding sources (if any) and 
excluding the balance of exchange rate differences due to re -evaluation of monetary items 
denominated in foreign currencies specified in Clause 3, Article 17 of this Decree. " 
Thus, VND 443,126 billion is the total value of all assets of 174 state -owned enterprises holding 
100% of charter capital (before equitization); on the basis of the total value of all assets of 174 
enterprises is 443,126 billion VND, after deducting payables, the balance of non -business funds (if 
any) and excluding the balance of exchange rate differences. due to revaluation of monetary items 
denominated in foreign currencies, the actual value of state capital in 174 enterprises is 206,748 
billion dong.  
Regarding the initial capital  contribution of the state owner, according to the provisions of Clause 
34, Article 4 of the Enterprise Law 2020 (No. 59/2020/QH14 dated June 17, 2020), "Charter capital 
is the total value of assets contributed or committed to contribute by members of the company or WT/TPR/M/410/Add.1  
 
- 203 - 
 
 the company's owner when establishing a limited liability company or a partnership; is the total par 
value of shares sold or registered for purchase upon the establishment of a joint stock company. " 
2.2.2.1.8 Sanitary and Phytosanitary (SPS)  
Page 23, paragraph 2.79: On May 16, 2020, the United States submitted official comments on 
Viet Nam's draft Circular publishing the National Technical Regulation 192 on Phytosanitary 
Requirements for Imported Regulated Articles, which was notified to the W TO on March 18, 2020, 
as G/SPS/N/VNM/112. However, Viet Nam never provided a response to the U.S. Government's 
comments.  
 
Question:  
80. When does Viet Nam intend to respond to the official U.S. comments?  
Answer:  
The Draft Circular for publishing National tec hnical regulation on phytosanitary requirements for 
imported regulated articles has been notified to the WTO as G/SPS/N/VNM/112. Viet Nam SPS Office 
has replied by confirming the receipt of United States's comments on the draft, delivered the 
comments to t he drafting agency and has informed the US'sides on many bilateral meetings that 
the mentioned Circular has been officially issued as Circular No. 15/2020/TT -BNNPTNT dated 
25/12/2020 and be in effect since. Viet Nam uphold its commitments by welcoming the comments 
from all WTO member countries on draft regulations and maintain the rights to apply neccesary 
measures to protect the health of people, animal and plant in the country.  
U.S. Follow -up Question:   
"U.S. comments have not been adequately addressed in bilateral meetings.  The United States 
respectfully requests Viet Nam to provide a written response to U.S. comments. In Viet Nam 's 
response to this question, please indicate when that written response will be provided."  
Answer : 
Viet Nam has followed the commitments in WTO to receive the comments from all trading partners, 
however, the mentioned Circular has been officially issued as Circular No. 15/2020/TT -BNNPTNT 
dated 25/12/2020 and be in effect since. Viet Nam upholds its commitments while  strongly maintain 
the right to apply neccesary measures to protect the health of people, animal and plant in the 
country. The written version of the Circular can be found online, in Vietnamese, if any trading 
partners are interested to check.  
Page 23, par agraph 2.79: Viet Nam started to test for SARS -CoV-2 (COVID -19) in imported foods 
in August 2020, while it has not yet provided scientific evidence that suggests there is transmission 
of COVID -19 through food, food packaging, or food handling. Up to Februa ry 2021, Viet Nam 
continued to test for SARS -CoV-2 in imported food packaging but has not yet notified the WTO/SPS 
Committee about the testing regime.  
 
Question s: 
81. Please explain the scientific justification for SARS -CoV-2 testing in imported foods and food  
packaging.  
82. Please explain  the SARS -CoV-2 testing methodology and share the data with trading 
partners.  
83. Please explain  whether Viet Nam  will notify the WTO/SPS Committee about the SARS -CoV-
2 virus testing in imported foods and food packaging and if not, why not.  
U.S. Follow -up Question:  
Please provide information on COVID -19 testing methodology and results for imported agricultural 
and fo od products.  
Answer : 
At the moment, Vietnamese authorities are testing COVID -19 on imported foods and food packaging 
randomly and does not require other countries to submit any additional documents or requires any 
additional steps which could effect the fl ow of imported goods of trading partners. Viet Nam will 
provide details in COVID -19 testing when there is any additional SPS steps or documents for 
exporting countries which might affect trades.  WT/TPR/M/410/Add.1  
 
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 Page 23, paragraph 2.79: Viet Nam has not notified the WTO/SP S Committee about the risk 
assessment of glyphosate, even though, Viet Nam announced a ban on the domestic use and import 
of the herbicide glyphosate, which will go into effect on 1 July 2021.  
 
Questions:  
84. When will Viet Nam provide the risk assessment of g lyphosate for consultation with trading 
partners ? 
85. Will Viet Nam continue to postpone the ban of glyphosate for a thorough scientific review?  
Answer:  
Question s 84,85: Viet Nam will provide the risk assessment of glyphosate after careful examinations 
of all existing scientific evidences. Viet Nam would welcome the technical supports of interested 
partners in accelarating the process. Viet Nam appreciated the conc erns and feedbacks provided by 
Member countries. As we have stated in the previous meetings of SPS Committee, Viet Nam uphold 
its commitments by welcoming the comments from all WTO member countries on draft regulations 
and maintain the rights to apply necc esary measures to protect the health of people, animal and 
plant in the country.  
U.S. Follow -up Question:  
"Please indicate when the risk assessment of glyphosate will become available to trading partners 
for comment.  Please also provide a point of contact and details for submitting comments.  The United 
States requests that the ban on glyphosate not be implemented prior to Viet Nam 's publication of, 
and subsequent consultation with trading partners on, a risk assessment."  
 
Answer : 
Viet Nam will provide the r isk assessment of glyphosate after careful examinations of all existing 
scientific evidences. Viet Nam would welcome the technical supports of interested partners in 
accelarating the process, especially any interested partners with strong desire to facilit ate the 
assessment process. Viet nam reserve the right to apply any SPS measure which could protect the 
health of people, plant and animal and welcome other countries to submit the evidence that could 
prove that glyphosate have absolutly no negative effect  on human, animal and plant health. The 
evidences, if exist, could reduce the cost, person nel efforts of our people to this matter.  
Question : 
86. Please explain why highly -processed products, ready for food use and packed in pest -proof 
and moisture -preventive packaging still require a Phyto Certification. Examples of such 
products include the flour, meal, powder, flakes, granule and pellets of potatoes (HS: 1105) 
and fruits, nuts and other edible part of plants (HS: 2008).  
Answer:  
Phytosani tary certificates for regulated articles is required according to the Vietnamese Laws to 
prevent the pest risks involved. Viet Nam also follows the technical guidance from IPPC (ISPM 12 
2001, Guidelines for phytosanitary certificates). Countries are welcom ed to provide scientific 
evidences that their plant products that have been processed to the point where they have no 
potential for introducing regulated pests, or for other articles that do not require phytosanitary 
measures. For further technical explana tion and detailed guidance, countries are encouraged to 
contact the Plant Protection Department of Viet Nam."  
Page 23, paragraph 2.80:  
Question:  
87. How and when will Viet Nam notify the WTO/SPS Committee about regulatory changes 
related to field testing of G E crops for cultivation approval?  
Answer:  
Currently Viet Nam has been continuously working on the mentioned matter. Viet Nam will notify to 
the WTO when there is any update and change in the status of the law on SPS in the coming time, 
WTO members are welcomed to provide any comments and feedbacks.  
U.S. Follow -up Question:  
"Can Viet Nam please provide a firm date on when it will notify to the WTO/SPS Committee its 
regulatory changes related to field testing of GE crops? "  WT/TPR/M/410/Add.1  
 
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 Answer : 
Viet Nam will notify to  the WTO when there is new change or update relating to this matter. The 
date of notification will be set on the Notification Form when it's available for comments and 
feedback.  
2.2.2.3 Intellectual property rights and rights related to intellectual proper ty 
Page 28, paragraph 2.107: The Government of Viet Nam's report states that: "Viet Nam continues 
to move towards higher standards of protection in the region and the world, in order to create a 
healthy business environment to attract sustainable foreign d irect investments. Specifically, the 
mentioned efforts include:"  
Question:  
88. This paragraph appears to be missing text, as there are not specific efforts described 
following the partial ending sentence above. Could Viet Nam provide the missing text?  
Answer:   
The efforts mentioned in this paragraph were described in paragraph 2.108 to paragraph 2.112 
respectively.  
__________