30/01/2019

In implementing the Party’s and the State’s policy of proactively and actively pursuing international economic integration, Viet Nam has gradually expanded and deepened its relations with other countries, while actively and responsibly participating in international forums and organizations. In particular, in recent years, in line with the general trend of regional and global integration, Viet Nam has accelerated the negotiation and conclusion of Free Trade Agreements (FTAs). To date, Viet Nam has participated and is participating in the negotiation of 16 FTAs, including 7 FTAs within the framework of intra- and extra-ASEAN cooperation, and 11 FTAs negotiated and concluded as an independent party. Among these, 10 FTAs have entered into force, including: the ASEAN Trade in Goods Agreement (ATIGA) (formerly CEPT/AFTA); FTAs between ASEAN and its partners, namely China, Japan, the Republic of Korea, India, Australia and New Zealand; and bilateral FTAs between Viet Nam and its partners, including Chile, Japan, the Republic of Korea, and the Eurasian Economic Union (EAEU).

Participation in FTAs with increasingly deep and comprehensive commitments requires State management agencies to provide specific guidance to enterprises and the public on the content, scope and implementation roadmap of such commitments. From the perspective of enterprises, it is essential to proactively and thoroughly study these commitments in order to promptly develop strategies to seize opportunities and overcome challenges arising during the implementation of FTAs.

In recent years, a number of guidance materials on FTAs have been developed on an individual FTA basis. However, given Viet Nam’s participation in a large number of FTAs, there is a pressing need for an integrated set of materials developed using a vertical approach by sector and field, facilitating comparison and cross-referencing among commitments. Such an approach would enable State management agencies and research institutions to gain a comprehensive overview in the policy-making process. In particular, from the perspective of implementation, these materials are especially necessary and useful for enterprises in understanding and applying FTA commitments in the course of market expansion, diversification, and identification of business opportunities.

In this context, at the First Meeting of the Inter-sectoral Steering Committee for International Economic (ISCIEI) held on 12 September 2016, Deputy Prime Minister Vuong Dinh Hue, Chair of the Steering Committee, assigned the Office of the ISCIEI to carry out the task of compiling integrated FTA guidebooks using a vertical approach by specific sectors and fields.

Pursuant to the Deputy Prime Minister’s direction, from December 2016 to September 2017, the Office of the ISCIEI coordinated with relevant ministries, sectors, agencies and units to compile the first three volumes of the Integrated FTA Guidebook Series, including:

- Volume 1: Guidebook on the Implementation of Commitments on Non-Tariff Measures (TBT and SPS);

- Volume 2: Guidebook on the Implementation of Commitments on Intellectual Property;

- Volume 3: Guidebook on the Implementation of Commitments on Trade Remedies and Dispute Settlement.

These commitments are provided for in most FTAs and always accompany market access commitments.

Each guidebook includes the following contents: analysis and interpretation of commitments by sector across the 10 FTAs currently in force; assessment of the compatibility of such commitments with Viet Nam’s existing legal framework; and provision of practical guidance for enterprises to apply these commitments in the course of FTA implementation.

Despite considerable efforts, due to the specific nature of FTA language and the requirement to interpret commitments across all 10 FTAs by sector, shortcomings in this first edition are unavoidable. The Editorial Board sincerely welcomes comments and feedback from readers in order to further improve future editions.

The publication (in Vietnamese) is attached below:

• Handbook on the Implementation of Commitments on Intellectual Property