RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/VNM/11/Rev.5 
11 October  2004 
 (04-4247) 
Working Party on the 
Accession of Viet Nam Original:   English 
 
  
ACCESSION OF VIET NAM 
 
Action Plan for the Implementation of the WTO Agreement on the 
 
Application of Sanitary and Phytosanitary Measures (SPS)  
 
Revision  
 
The following submission, dated 7 October 2004, is being circulated at the request of the 
Delegation of the Socialist Republic of Viet Nam.    
 
 
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 WT/ACC/VNM/11/Rev.5 
Page 2 Major obligations Existing system in Viet Nam Action Plans Timeframe for 
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1. Standstill: the 
introduction of new standards, animal 
health regulations 
and food safety regulations shall 
conform to SPS 
Agreement principles. (General 
provision) The system of standards and regulations 
relating to SPS issues has been developed in a manner that is consistent with international 
norms. Followings are the key legal documents: 
 Animal quarantine:
 
 
- Veterinary Ordinance dated 
15 February 1993; 
- Decree No. 93/CP dated 
27 November 1993 providing guidelines for implementing the Veterinary 
Ordinance and promulgating the 
Regulation on Quarantine, Slaughter Control and Veterinary Hygiene 
Inspection of animals and animal-related 
products. 
 
Fishery 
 
 
The Fishery Law dated 26 November 2003 
including provisions on SPS issues in the fishery sector. 
 
Plant quarantine
: 
 
- The amended Ordinance on Plant 
Protection and Quarantine on 25 July 2001 starting effect from 1 January 2002.  
- Decree No. 58/2002/ND-CP dated  
3 June 2002 promulgating the Regulation on Plant Protection, Regulation on Plant 
Quarantine and Regulation on Agro-
chemicals Management. 
 
Food safety
: 
 - The Ordinance on Food Safety and 
Hygiene issued on 26 July 2003.  
 
  
  
 
 Animal quarantine:
 
 
- Amending the Veterinary Ordinance;  
- Issuing the Government's Decree to guide the 
implementation of the amended Veterinary 
Ordinance and to promulgate the Regulation on Animal disease cont rol, Animal quarantine 
and Inspection and Veterinary hygiene 
inspection, and Veterinary drug management   
 
 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
  
 
 
  
  
 
  
 
The amended Ordinance is 
expected to be 
promulgated by the Standing 
Committee of the 
National Assembly in the second 
quarter of 2004. 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
  
 
 
   
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Standards :  
 Standards are regulated by various legal 
documents at the ministerial level. 
 Standards:
 
 Issuing the Ordinance on Standardization 
providing detailed guidelines for adopting 
standards, guidance or recommendation set out by international organizations, including those in the 
SPS area. To be presented to 
the Standing Committee of the 
National Assembly 
in the first quarter of 2007. 
2. Establishment and 
operation of a single Contact Point for 
information 
(“enquiry point-E.P and National 
Notification 
Authority- NNA”) 
 (Article 7 and 
Annex B.3) The Government has appointed the Ministry of 
Agriculture and Rural Development as the National Enquiry Point and Notification 
Authority on SPS issues. The procedures for 
the formal establishment of the Enquiry Point and Notification Authority are being 
completed. The provisional focal point is: 
  International Cooperation Department 
(ICD),  Ministry of Agriculture and Rural 
Development  (MARD) 
 2 Ngoc Ha, Ba Dinh, 
 Ha noi, Viet Nam  Tel. :  84-4-845 9672 
 Fax :  84-4-733 0752 
 E-mail : htqtmard@fpt.vn
 Officially announcing the National Enquiry Point 
and Notification Authority on SPS issues at the Ministry of Agriculture and Rural Development.   
 
Starting operation of the National Enquiry Point and Notification Auth ority upon accession. 2004 
  
 
Upon accession Technical 
assistance is required 
3. Transparency: 
notification and 
access to document 
 (Article 7 and Annex 
B, also G/SPS/7)      
(a)  Identification of 
authority 
responsible for making notification 
to the WTO and 
ensuring transparency 
obligations are met 
on an ongoing basis. 
 
(b) Establish guidance 
requiring 
publication of (a) The Government has assigned the 
Ministry of Agriculture and Rural 
Development  as the authority responsible 
for making notifications to the WTO, 
including those relating to the SPS 
obligations. 
 
 
  
(b) As stipulated in Article 1.19 of the 
amended Law on the Promulgation of 
Legal Documents dated (a) Establishing the Notification Authority and 
National Enquiry Point on SPS issues at the 
Ministry of Agriculture and Rural Development. Preparing necessary conditions 
and training staff to ensure effective 
operation of this body.  
 
Starting operation of the National Enquiry Point 
and Notification Auth ority upon accession. 
 
(b) Publicizing new SPS measures for comments 
in accordance with the amended Law on the 
Promulgation of Legal Documents. (a) In 2004 
 
  
 
  
 Upon 
accession 
 
(b) Upon 
accession 
   
 WT/ACC/VNM/11/Rev.5 
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proposed measures 
at an early stage for comment. 
 
  
 
(c) Provision in 
administrative 
procedure to provide 
copies of proposed measures to WTO 
members. 
 (d)  Require in 
administrative 
procedure, a reasonable period of 
time for comment 
from members and 
public, and 
establishment of a process to take 
comments into 
account without discrimination. 16 December 2002, the Office of the 
Government is responsible for publicizing certain types of legal documents on the 
mass media and the Inte rnet for comments 
by institutions, organizations and individuals. 
 
(c) Up to now, Viet Nam has not issued any 
legal documents on this matter. 
 
  
 
 (d) As stipulated at Item 2, Article 1 of the 
amended Law on the Promulgation of 
Legal Documents dated 16 December 2002, the agencies 
responsible for drafting legal documents 
are required to publicize their drafts for 
comments from the public, especially 
from those directly affected by these documents.  
  
 
  
 
(c) Addressing this issue in the Government 
Decision on the establishment of the National 
Enquiry Point and Notification Authority on 
SPS issues. 
 
 
 (d)  Completing the mechanism for consultation 
with and comments by parties that are 
affected by the proposed SPS measures.  
  
 
  
 
(c) Upon 
accession 
 
  
 
 (d)  Upon 
accession 
4. Necessity: measures 
are applied only to 
the extent necessary to protect human, 
animal or plant health
 (Article 2.2) All the existing SPS legal documents and those 
being proposed are constr ucted on the necessity 
basis.  Ensuring that SPS measures are applied only to the 
extent necessary to protect  human, animal or plant 
health. Upon accession  
5. Regulations based on 
science: regulations 
governing animal and 
plant health and food safety shall be based 
on scientific 
evidence. 
 (Article 2.2, 3.3 and 
5.2) Existing SPS regulations are generally based on 
scientific evidence. However, Viet Nam faces 
difficulties in the implementation stage due to 
limitations on technical facilities, human resources and information with respect to 
scientific evidence provided by international 
organizations or other countries.  Strengthening training and education of staff, 
investment in equipment and working facilities, as 
well as cooperation with international 
organizations and WTO Members in order to fully implement this obligation. Upon accession Technical 
assistance required  
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6. Harmonization: to the 
extent possible, members shall follow 
international 
standards, guidelines, and recommendation 
in establishing SPS 
measures 
 (Article 3.1, 3.3 and 
3.4) 
 Viet Nam is a member of Codex, FAO and 
IOE.  National standards are based on those provided by Codex, FAO and WHO, or based 
on regional or developed countries' standards.  
 Viet Nam has actively participated in the 
harmonization of standards in such regional 
arrangements as ASEAN, APEC and ASEM.  
Due to technical and understanding limitations, 
Viet Nam has difficulties in adopting international standards in its specific 
conditions.  With its best efforts, only about 
60% of Codex standards on food and foodstuff have been transferred to national standards. Issuing the Ordinance on Standardization by 2007 
to provide detailed guidelines for referring to the standards, guidance and recommendations of 
international organizations, including those in the 
SPS area.   
During this time, Viet Nam will make its best 
efforts to apply SPS measures based on standards, guidance and recommendations of international 
organizations. 
 1 July 2008 Technical 
assistance required 
7.  Equivalence: 
members shall 
recognize different 
measures that achieve 
the same level of protection. 
 (Article 4) 
 Viet Nam has signed a number of bilateral 
agreements and arrangements on food hygiene 
and safety, sanitary and phyto-sanitary with 
other countries. However, most of national 
standards are still lower than international standards. 
 
Viet Nam has also learnt  experience from many 
WTO Members in applying SPS measures. 
However, knowledge in SPS measures and in 
the level of protection of SPS measures is still very limited. Signing further bilateral agreements and 
arrangements on SPS issues with WTO Members. 
 
 
  
 
Training staff and enhancing the exchange and information channels with WTO members. 1 July 2008 Technical 
assistance required 
8. Risk Assessment: 
develop scientific 
evidence and conduct risk 
assessment to ensure 
that measures are based on science 
and applied only to 
the extent necessary to protect health. 
 (Article 5.1, 5.2 and 
5.3) Viet Nam has difficulties in conducting risk 
assessment, especially in developing software 
for analyzing and assessing  pest risks, sanitary 
and phytosanitary in accordance with 
international standards.   
 Viet Nam is not familiar with procedures 
relating to risk assessment techniques of 
international organizations, information on disease areas and non-disease areas, as well as 
on regional ecological and environmental 
conditions etc. Gradually enhancing techniques and procedures 
for risk assessment via cooperating with 
international organizations and WTO Members. Upon accession Technical 
assistance required  
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9. Regional conditions 
 (Article 6 and 
Annexes A.6 and 
A.7) Viet Nam does take into account regional 
conditions for the purpose of applying SPS measures. Ensuring this principl e when applying  SPS 
measures.    
Enhancing technical and equipment capacity to 
ensure this principle.  Upon accession Technical 
assistance  required 
10. Non-discrimination: 
measures do not 
arbitrarily or 
unjustifiably discriminate 
between different 
members or between domestic and 
foreign suppliers. 
(Article 2.3, and Annex C.1(a) and 
(d)) Currently, measures and procedures being 
applied are consistent with the non-
discriminatory principle.  
 In 2002, Viet Nam issued the Ordinance on 
Most Favour Nation and National Treatment in 
International Trade which provides for the non-discriminatory principle. 
 Ensuring this principl e when applying  SPS 
measures.   
 Upon accession  
11. Control, inspection 
and approval 
procedures: ensure 
that procedures, including systems 
for approval of the 
use of additives or for establishing 
tolerance for 
contaminants in food, beverages, or 
feedstuff comply 
with the Agreement  
 (Article 8 and 
Annex C). - Currently, procedures for inspection, 
supervision and approval are applied 
according to the guiding legal documents 
at the ministerial level.  
- Viet Nam promulgated Joint Circular 
No.17/2003/TTLT-BTC-BNN&PTNT-
BTS dated 14 March 2003 guiding the examination and supervision of exports 
and imports which are animals, plants and 
fishery products subject to inspection. This joint circular was intended for simplifying 
the examination and supervision 
procedures applied to imports. 
- However, there is no qualified inspection 
system at border gates, especially at such 
large airports as Noibai and Tan Son Nhat. For this reason, procedures for inspection, 
supervision and approval are often still 
delayed. In particular, there is an urgent need for quick diagnosis equipment.  Further enhancing the capacity of staff and 
equipment, investing in new machinery and 
developing reasonable procedures for inspection, 
supervision  and approval.  1 July 2008 Technical 
assistance required 
 
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