Decision No. 06/2012/QD-TTg On consulting the business community on international trade agreements

Pursuant to …;

Regarding consultation with the business community on international trade agreements

Article 1. International trade agreements refer to bilateral or multilateral trade agreements or equivalent economic and trade agreements containing commitments to open markets and amendments to laws directly or indirectly affecting the general economy and the business community.

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PRIME MINISTER

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

Pursuant to the Law on Signing, Joining and Implementing International Treaties 2005;

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

Pursuant to Decision No. 182/2007/QĐ-TTg dated November 26, 2007 of the Prime Minister on the establishment of the Government's negotiating team for international economic and trade negotiations;

Considering the proposal of the Minister of Industry and Trade,

DECISION:

Article 1. Scope of Regulation and Applicability

This Decision stipulates the powers, responsibilities, and scope of consultations between the lead negotiation agency and the Vietnamese business community during the preparation and conduct of negotiations on international trade agreements.

Article 2. Interpretation of Terms

In this Decision, the following terms shall be understood as follows:

1. "Lead negotiation agency" means a ministry, agency at the ministerial level, government agency, or negotiating teams established by competent authorities to lead negotiations on an international trade agreement with one or more partners.

2. "Business community" means Vietnamese enterprises defined under the Enterprise Law, business associations, and legitimate representative agencies of those enterprises according to Vietnamese law.

3. "International trade agreement" refers to bilateral or multilateral trade agreements or equivalent economic and trade agreements containing commitments to open markets and amendments to laws directly or indirectly affecting the general economy and the business community.

4. "Feasibility study" of an international trade agreement is a study conducted by the lead negotiation agency or coordinated with one or more other agencies to analyze strengths and weaknesses, opportunities and challenges, determine benefits, and assess the impact of an international trade agreement on market opening for Vietnam to recommend initiating negotiations and submit to the competent authority for consideration and decision.

Article 3. Powers and responsibilities of the lead negotiation agency in consulting with businesses during the feasibility study phase

1. Consultation to provide and collect information may be carried out when the competent authority decides to initiate the feasibility study phase for negotiating an international trade agreement with potential partners.

2. After making the decision to proceed with the feasibility study, the lead negotiation agency shall publish on its official website the following information:

a) The decision of the competent authority to conduct a feasibility study on an international trade agreement.

b) The lead negotiation agency (name, postal address, email address of the lead negotiation agency for collecting information and receiving proposals from the business community).

c) Potential partner for negotiating an international trade agreement (including information about the lead negotiation agency of the partner); summary of economic and trade relations between Vietnam and the potential partner.

d) Requirements for the feasibility study and the expected completion time of the feasibility study.

đ) Deadline for receiving proposals from the business community.

3. Responsibility for confirming and processing information: The lead negotiation agency has the responsibility to organize the collection, processing of information, and research on the opinions of the business community and has the obligation to confirm receipt of the business community's opinions through email or on the lead negotiation agency's official website.

4. Provision of information upon completion of the feasibility study: The lead negotiation agency has the right to choose one of the following two forms to announce the results of the feasibility study:

a) Organizing a seminar to introduce the results of the study.

b) Publishing the results of the study on the lead negotiation agency's official website.

5. In cases where necessary, if providing information could affect the negotiation process, the lead negotiation agency shall consider appropriate forms, levels, and timing for announcing information to the business community.

Article 4. Right to consult of the business community during the feasibility study phase

The business community has the right to participate in opinions with the leading agency negotiating within the time limit specified in Section d Clause 2 Article 3 of this Decision. Opinions can be sent directly to the leading agency negotiating or through the intermediary of the Vietnam Chamber of Commerce and Industry.

Article 5. Rights and responsibilities for consulting businesses of the leading agency negotiating during the negotiation phase

1. Providing initial negotiation information: The leading agency negotiating shall publish the decision to initiate negotiations on its electronic information website and provide the following information:

a) The decision of the competent authority regarding the initiation of negotiations for international trade agreements.

b) The lead negotiation agency (name, postal address, email address of the lead negotiation agency for collecting information and receiving proposals from the business community).

c) Negotiation partner (including information about the leading agency negotiating from the partner side).

2. Providing other related information: The leading agency negotiating shall have the responsibility to provide the following documents to the business community, including the Vietnam Chamber of Commerce and Industry via email or on the leading agency negotiating's electronic information website:

a) Notable agreements, opening market commitments that the negotiation partner has signed with third parties. The leading agency negotiating shall only provide the original if there is no Vietnamese translation.

b) Notable agreements, opening market commitments (equivalent to international trade agreements on market opening currently under negotiation) that Vietnam has signed with third parties.

c) Other documents that the leading agency negotiating deems necessary to inform the business community.

d) Announce the schedule, time, location, and content of meetings, seminars specifically organized for the business community alongside negotiation sessions when the participating parties organize such activities.

3. When receiving proposals from the business community, the leading agency negotiating shall be responsible for:

a) Confirming receipt of opinions via email or on the leading agency negotiating's electronic information website.

b) Organizing the reception, processing of information, and researching the opinions and suggestions of the business community.

Article 6. Right to consult of the business community during the negotiation phase

1. The business community has the right to participate in opinions and propose issues related to negotiation plans and contents or requirements to be raised to the partner or matters to be noted during the negotiation process.

2. Participate in seminars and other activities specifically organized for the business community alongside negotiation sessions when the participating parties organize such activities.

3. Opinions of the business community can be sent directly to the leading agency negotiating or through the intermediary of the Vietnam Chamber of Commerce and Industry.

4. The business community does not participate in the negotiation process unless the negotiating parties agree otherwise.

Article 7. Rights and responsibilities of the Vietnam Chamber of Commerce and Industry as the focal point for collecting business opinions during the negotiation phase

The Vietnam Chamber of Commerce and Industry acts as the focal point for collecting and reflecting the opinions of the business community. In performing this role, the Vietnam Chamber of Commerce and Industry has the following rights and responsibilities:

1. Disseminating documents provided by the leading agency negotiating to the business community.

2. Organizing research, proposing negotiation content and plans, including requirements to be raised to the negotiation partner, guiding enterprises to consider and note important issues in negotiations to help enterprises effectively participate in opinions for the leading agency negotiating.

3. Organizing activities to disseminate information and raise awareness among enterprises.

4. Urging, collecting, and summarizing enterprise feedback and transferring it to the leading agency negotiating.

Article 8. Consultation on Specific Negotiation Contents

1. In cases where necessary, the leading negotiation agency may conduct consultations within a limited scope on one or more specific negotiation contents with enterprises or agencies and organizations representing enterprises.

2. Procedures and responsibilities of the parties:

a) When conducting consultations as prescribed in Clause 1 of this Article, the leading negotiation agency shall be responsible for drafting and requesting enterprises and agencies and organizations invited to participate in consultations to sign a confidentiality commitment regarding information shared or discussed during the consultation process.

b) Enterprises and agencies and organizations representing enterprises participating in consultations shall be responsible for maintaining the confidentiality of information subject to confidentiality commitments. Violations shall be handled in accordance with the provisions of the law on national secret protection.

Article 9. Confidentiality Regime During Consultations

In all cases, consultation activities must ensure compliance with the provisions of the law on national secret protection.

Article 10. Funding for Information Provision and Acquisition Activities

The funding for the implementation of this Decision by the leading negotiation agency shall be allocated from the state budget according to current regulations applicable to regular tasks of that agency.

Article 11. Implementation Provisions

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Heads of Government economic and trade international negotiation delegations, Heads of negotiation delegations established by competent authorities, Chairman of the Vietnam Chamber of Commerce and Industry, and related enterprises and organizations shall be responsible for implementing this Decision./.