Decision No. 06/2012/QD-TTg dated January 20, 2012 of the Prime Minister on consultation with the business community on international trade agreements

DECISION

ON CONSULTATION WITH THE BUSINESS COMMUNITY ON INTERNATIONAL TRADE AGREEMENTS

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the 2005 Law on Conclusion, Accession to and Implementation of Treaties;

Pursuant to the Government’s Decree No. 189/2007/ND-CP of December 27, 2007, on the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Prime Minister’s Decision No. 182/2007/QD-TTg of November 26, 2007, on strengthening governmental negotiation delegations on international economics and trade;

At the proposal of the Minister of Industry and Trade,

DECIDES:

Article 1. Scope of regulation and subjects of application

This Decision provides the powers, responsibilities and scope of consultation between agencies responsible for negotiation and the Vietnamese business community in the process of preparing and negotiating international trade agreements.

Article 2. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Agency responsible for negotiation is a ministry, ministerial-level agency, government-attached agency or negotiation delegation established by competent authorities to assume the prime responsibility for negotiating an international trade agreement with one or more than one partner.

2. Business community comprises Vietnamese enterprises defined under the Enterprise Law, business associations and lawful representative agencies and organizations of these enterprises as provided by Vietnamese law.

3. International trade agreement means a bilateral or multilateral trade agreement or equivalent economic or trade agreement containing commitments to open the market, amend and supplement regulations and laws directly or indirectly affecting the operation of the economy in general and of the business community in particular, which is implemented by the agency responsible for negotiation under the Prime Minister’s assignment.

4. Feasibility study of an international trade agreement is a study conducted by the agency responsible for negotiation itself or in coordination with another agency or other agencies to analyze strengths and weaknesses, opportunities and challenges, identify benefits and assess impacts of an international trade agreement concerning market opening on Vietnam so as to recommend whether to initiate negotiations to competent authorities for consideration and decision.

Article 3. Powers and responsibilities of agencies responsible for negotiation to consult enterprises in the stage of feasibility study

1. Consultation to provide and collect information may be conducted after competent authorities decide to initiate the stage of feasibility study of negotiations on an international trade agreement with potential partners.

2. After the decision to conduct a feasibility study is made, the agency responsible for negotiation shall notify on its website the following information:

a/ The decision of a competent authority to conduct a feasibility study of an international trade agreement.

b/ The agency responsible for negotiation (its name, postal address and email address for receiving information and proposals from the business community).

c/ The potential partner for negotiating the international trade agreement (including information on its agency responsible for negotiation); brief information on economic and trade relations between Vietnam and the potential partner.

d/ Requirements set for the feasibility study and expected time of its completion.

e/ The deadline for receiving proposals from the business community.

3. Responsibility to confirm and process information:

The agency responsible for negotiation shall receive and process information, study opinions of the business community and confirm the receipt of opinions of the business community via e-mail or on its website.

4. Provision of information upon completion of the feasibility study:

The agency responsible for negotiation may announce feasibility study results by:

a/ Holding a conference to introduce study results, or b/ Posting study results on its website. 5. In case of necessity, if the provision of information may affect the process of negotiation, the agency responsible for negotiation may consider and select an appropriate form, level and time to announce information to the business community.

Article 4. The business community’s right to consultation in the stage of feasibility study

The business community may give opinions to the agency responsible for negotiation within the time limit specified at Point e, Clause 2, Article 3 of this Decision, either directly or through the Vietnam Chamber of Commerce and Industry.

Article 5. Powers and responsibilities of agencies responsible for negotiation to consult enterprises in the stage of negotiation

1. Provision of information on initiation of negotiations:

The agency responsible for negotiation shall announce the decision to initiate negotiations on its website with the following details:

a/ The competent authority’s decision on initiation of negotiations on the international trade agreement.

b/ The agency responsible for negotiation (its name, postal address and email address for receiving information and proposals from the business community).

c/ The negotiating partner (including information on its agency responsible for negotiation).

2. Provision of other relevant information:

The agency responsible for negotiation shall provide the following documents to the business community, including the Vietnam Chamber of Commerce and Industry, by email or on its website:

a/ Typical treaties and agreements on market opening signed between the negotiating partner and third parties. The agency responsible for negotiation may provide original versions only in case no Vietnamese translations are available.

b/ Typical treaties and agreements on market opening (equivalent to the international trade agreement on market opening which is being negotiated) which have been signed between Vietnam and third parties.

c/ Other documents which the agency responsible for negotiation finds possible and necessary as additional information for the business community.

d/ The schedule, time, venues and agendas of conferences and workshops exclusively reserved for the business community which will be held on the sidelines of negotiation sessions, in case the negotiating parties organize these activities.

3. Upon receiving proposals of the business community, the agency responsible for negotiation shall:

a/ Confirm the receipt of opinions via email or on its website. b/ Receive, process and study the proposals.

Article 6. The business community’s right to consultation in the stage of negotiation

1. The business community may give opinions and proposals related to the negotiation plans and contents or requirements to be set for partners or taken into account in the process of negotiation.

2. The business community may participate in workshops and other activities exclusively reserved for the business community organized on the sidelines of negotiation sessions, in case the negotiating parties organize these activities.

3. The business community may send its opinions directly or via the Vietnam Chamber of Commerce and Industry to the agency responsible for negotiation.

4. The business community may not participate in the process of negotiation, unless otherwise agreed by the negotiating parties.

Article 7. Powers and responsibilities of the Vietnam Chamber of Commerce and Industry to collect opinions of enterprises in the stage of negotiation

The Vietnam Chamber of Commerce and Industry may act as the focal point in gathering and reflecting opinions of the business community. In playing this role, it has the following powers and responsibilities:

1. To disseminate documents provided by the agency responsible for negotiation to the business community.

2. To organize researches, propose negotiation contents and plans, including requirements set for negotiating partners, and guide enterprises in considering and paying attention to important issues in negotiations so as to help enterprises contribute more effective opinions to the agency responsible for negotiation.

3. To organize various activities of providing information and raising awareness for enterprises.

4. To urge, collect and summarize feedbacks of enterprises and send them to the agency responsible for negotiation.

Article 8. Consultation on specific negotiation contents

1. In case of necessity, the agency responsible for negotiation may hold consultations on a restricted scale on one or several specific contents of negotiation with enterprises or their representative agencies and organizations.

2. Procedures and responsibilities of parties:

a/ When holding consultations under Clause 1 of this Article, the agency responsible for negotiation shall draft and request consulted enterprises and their representative agencies and organizations to commit in writing to keeping confidential information shared or discussed by the agency responsible for negotiation.

b/ Consulted enterprises or their representative agencies and organizations shall keep confidential information as committed. Any violation shall be handled under the law on protection of national secrets.

Article 9. Confidentiality regime during the process of negotiation

In all circumstances, consultation activities must strictly observe the law on protection of national secrets.

Article 10. Funds for information provision and collection

Funds for the implementation of this Decision by agencies responsible for negotiation shall be allocated from the state budget according to current regulations applicable to their regular duties.

Article 11. Implementation provisions

1. This Decision takes effect on March 15, 2012.

2. Ministers, heads of ministerial-level agencies, heads of government- attached agencies, heads of governmental negotiation delegations on international economics and trade, heads of negotiation delegations formed by competent authorities, the president of the Vietnam Chamber of Commerce and Industry, and related enterprises and organizations shall implement this Decision.-