Decision 1335/QD-TTg 2023 urge activities of requesting America to recognize Vietnam as market economy in trade remedy cases

DECISION

Approving the Scheme on urging the activities of requesting the United States of America to recognize Vietnam as a market economy in trade remedy cases

THE PRIME MINISTER

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 12, 2017 Law on Foreign Trade Management;

Pursuant to the Government’s Decree No. 10/2018/ND-CP of January 15, 2018, detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies;

Pursuant to the Government’s Decree No. 96/2022/ND-CP of November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

At the proposal of the Minister of Industry and Trade in Document No. 7720/BCT-PVTM of November 3, 2023,

DECICES:

Article 1. To approve the Scheme on urging the activities of requesting the United States of America (the US) to recognize Vietnam as a market economy in trade remedy cases (below referred to as the Scheme) with the following principal contents:

I. Objectives

1. General objective

To urge the activities of requesting the US to recognize Vietnam as a market economy.

2. Specific objectives and implementation roadmap

a/ To develop, complete and submit arguments on Vietnam’s market economy status according to the criteria set by the US.

b/ To summarize and develop arguments and criticisms against the stakeholders’ opinions on the recognition of Vietnam’s market economy status.

c/ To fully participate in necessary steps in the process of conducting proceedings until the US issues a conclusion on consideration of Vietnam’s market economy status (which is scheduled for the end of 2024).

d/ To strengthen the mobilization of advocacy in many forms from other countries, international organizations, and related agencies, organizations and individuals at home and abroad in the process of urging the activities of requesting the US to recognize Vietnam’s market economy status.

II. Major tasks and solutions

1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, proactively promoting their internal resources and, together with legal consultancy, formulating plans for implementation in the process of requesting the US to recognize Vietnam as a market economy.

a/ To formulate an overall plan on legal solutions based on the process of conducting proceedings under the US’s law in the process of requesting the US to recognize Vietnam as a market economy.

b/ To effectively use legal consultants representing and supporting the Government of Vietnam so as to forecast and promptly respond to possible scenarios in the process of requesting the US to recognize Vietnam as a market economy.

c/ To conduct research and organize discussions on legal issues, solicit opinions from experts, trade associations and businesses, and monitor the developments of cases so as to promptly propose solutions in the process of requesting the US to recognize Vietnam as a market economy.

d/ To participate in hearings, explanations, dialogues, exchanges, etc., with the stakeholders.

2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, strengthening the interdisciplinary coordination mechanism in order to urge the activities of requesting the US to recognize Vietnam as a market economy.

a/ To establish a permanent Working Group in charge of requesting the US to recognize Vietnam as a market economy (below referred to as the Working Group), which shall be composed of representatives of 11 related ministries, sectors and agencies.

b/ To assign specific tasks to ministries, departments, sectors and local authorities regarding the provision of information and coordination in dealing with legal issues and developing arguments against the stakeholders’ viewpoints.

c/ To coordinate with related agencies in performing both legal and diplomatic tasks.

d/ Related ministries, sectors and agencies shall allocate their own funds for activities of members acting as their representatives who join the Working Group.

3. Related ministries, sectors and agencies shall urge the activities of mobilizing the US to recognize Vietnam as a market economy via negotiations and dialogues.

a/ To mobilize trade associations and export businesses of Vietnam, and law firms to advocate Vietnam’s viewpoints in regulating macroeconomic policies.

b/ To mobilize importers, downstream sectors, and organizations and individuals/social activists that earn prestige and influence in the US to express their positive viewpoints so as to exert impacts on the US Administration’s agencies on the development process of Vietnam’s economy in general.

c/ To hold dialogues and gather opinions from international organizations, non-governmental organizations, and foreign embassies in Vietnam, and independent and prestigious agencies and organizations (such as the WB, IMF, OECD, etc.), which advocate the request of considering for recognizing Vietnam as a market economy.

4. Other solutions

a/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, promoting public communication about the progress and outcomes of task performance in the mass media on a regular basis.

b/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, mobilizing domestic manufacturing industries, export and import enterprises, trade associations, and organizations and individuals at home and abroad in, advocating and supporting the activities of urging the US to recognize Vietnam as a market economy.

III. Funds

1. Funding sources

Funds for implementation of the Scheme come from the state budget, contributions from businesses, donations from foreign countries and international organizations, and other lawful sources (if any).

2. Management of funds

a/ The management of budget funds must comply with current regulations on decentralization for state budget management, specifically as follows:

- Funds of the Ministry of Industry and Trade for implementation of the Scheme shall be included in annual fund estimates of the Ministry of Industry and Trade.

- Funds of ministries and sectors for implementation of the Scheme shall be included in annual fund estimates of ministries and sectors according to the law on the state budget.

b/ The management and use of funds must comply with the law on the state budget and relevant regulations, ensuring the thrift and efficiency.

IV. Organization of implementation

1. The Ministry of Industry and Trade

a/ To assume the prime responsibility for, and coordinate with related ministries, sectors, agencies and organizations in, formulating plans for and organizing the implementation of the Scheme; to guide and urge the implementation of the Scheme; to report to the Prime Minister on the results of implementation of the Scheme.

b/ To assume the prime responsibility for, and coordinate with related ministries and sectors in, updating and completing the Overall Report on Vietnam’s market economy status according to the criteria set under the US’s law.

c/ To assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, establishing the Permanent Working Group in charge of requesting the US to recognize Vietnam as a market economy, and assume the prime responsibility for performing tasks of the Working Group.

d/ To assume the prime responsibility for, and coordinate with related agencies in, proposing and taking solutions to request the US to recognize Vietnam as a market economy.

dd/ To continue to maintain and increase exchanges with the US on the Vietnam-US Bilateral Working Group on market economy status in the new context.

e/ To assume the prime responsibility for, and coordinate with ministries, sectors, businesses, trade associations, the Vietnam Chamber of Commerce and Industry, and related organizations in, promoting public communication work for Vietnamese businesses to better understand the mechanism for the US to recognize Vietnam as a market economy.

g/ To assume the prime responsibility for selecting legal consultancy units under Article 26 of Bidding Law No. 43/2013/QH13 of November 26, 2013, regarding contractor selection in special cases, and submit a plan and process for selecting legal consultancy units to the Prime Minister for consideration and decision.

2. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with related agencies in, carrying out political and diplomatic mobilization, and gaining the advocacy of the stakeholders, especially the Administration, the Congress, leaders of the states, the political community, scholars, key figures, and influential organizations of the US so as to urge the process of consideration and recognition of Vietnam’s market economy status.

3. The Ministry of Finance shall allocate state budget funds for the Ministry of Industry and Trade to implement the Scheme.

4. Related ministries, sectors and agencies

a/ Related ministries, sectors and agencies (Ministry of Finance, Ministry of Planning and Investment, Ministry of Natural Resources and Environment, Ministry of Labor, Invalids and Social Affairs, Ministry of Justice, Ministry of Foreign Affairs, State Bank of Vietnam, State Audit Office of Vietnam, Government Office, and Supreme People’s Court) shall coordinate with the Ministry of Industry and Trade in updating the Report on Vietnam’s market economy status based on the criteria and requirements set under the US’s domestic law (including reviewing and adding the evaluations of independent and prestigious international organizations such as the WB, IMF, OECD, etc.).

b/ Ministries and sectors shall mobilize the stakeholders (agencies, organizations, trade associations, socio-political organizations, and individuals at home and abroad, etc.) in the fields under their management to issue written announcements or take other official forms of announcement to express their advocacy for Vietnam in the process of requesting the US to recognize Vietnam as a market economy.

5. Trade associations, businesses, and related organizations and individuals

a/ To coordinate with the Ministry of Industry and Trade in providing necessary information and data to serve the process of requesting the US to recognize Vietnam as a market economy.

b/ To mobilize advocacy from businesses, trade associations and organizations and individuals in the US so as to support the process of requesting the US to recognize Vietnam as a market economy.

c/ To coordinate with others in mobilizing the US-invested businesses conducting business investment activities in Vietnam to advocate the recognition of Vietnam’s market economy status.

Article 2. This Decision takes effect on the date of its signing.

Article 3. Ministers, heads of ministerial-level agencies and government-attached agencies, and heads of related agencies and organizations shall implement this Decision.-

For the Prime Minister

Deputy Prime Minister

TRAN LUU QUANG