(Luận văn) current situation and recommendations for the implementation of the wto trade facilitation agreement in vietnam

MINISTRY OF EDUCATION AND TRAINING
FOREIGN TRADE UNIVERSITY

MASTER THESIS

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CURRENT SITUATION AND RECOMMENDATIONS

FACILITATION AGREEMENT IN VIETNAM

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FOR THE IMPLEMENTATION OF THE WTO TRADE

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Specialization: International Trade Policy and Law

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MAI HONG NGOC

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Hanoi – 2020

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MINISTRY OF EDUCATION AND TRAINING
FOREIGN TRADE UNIVERSITY

MASTER THESIS
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CURRENT SITUATION AND RECOMMENDATIONS

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FOR THE IMPLEMENTATION OF THE WTO TRADE

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FACILITATION AGREEMENT IN VIETNAM

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Major: International Economics

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Specialization: International Trade Policy and Law

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Code: 8310106

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Full name: Mai Hong Ngoc
Supervisor: Assoc. Prof. PhD Trinh Thi Thu Huong

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Hanoi - 2020

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STATEMENT OF ORIGINAL AUTHORSHIP
I hereby declare that this master thesis is my own scientific research which is
made under the guidance of my supervisor, Assoc. Prof. Dr. Trinh Thi Thu Huong.
The contents and results of this research are completely honest. The information, data
and documents which are collected from various sources for analysis and evaluation
have been fully cited in the main content and in the references list of this master thesis
as well.

Student,

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Mai Hong Ngoc

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CONTENTS
ACKNOWLEDGEMENTS ...................................................................................... i
LIST OF TABLES ................................................................................................... ii
LIST OF FIGURES ................................................................................................ iii
LIST OF ABRREVIATIONS ................................................................................ iv
INTRODUCTION .....................................................................................................1
CHAPTER 1. OVERVIEW OF TRADE FACILITATION AGREEMENT ......7
1.1. Overview of Trade facilitation ...................................................................7

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1.1.1. Definition of Trade facilitation .............................................................7

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1.1.2. Benefit of trade facilitation ....................................................................7

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1.1.3. Trade facilitation indicators ..................................................................9
1.2.1. Process of Trade Facilitation Agreement’s negotiation in WTO ......11
1.2.2. Structure and content of Trade facilitation agreement ......................13

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1.2. Overview of Trade Facilitation Agreement ............................................11

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1.2.3. Benefits of Trade facilitation agreement ............................................27

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1.2.4. Implementation

Trade

Facilitation

Agreement

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WTO

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countries........................................................................................................29

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1.3. The ratification process of the Trade Facilitation Agreement in Viet
Nam ....................................................................................................................29

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1.3.1. The ratification processes ....................................................................29

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1.3.2. Vietnam commitments in implementing the Trade Facilitation
Agreement ......................................................................................................32
CHAPTER

2:

CURRENT

STATUS

OF

TRADE

FACILITATION’S

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IMPLEMENTATION IN VIETNAM ...................................................................37

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2.1. Current status of the implementation of Category A in Vietnam ........37

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2.1.1. The publication and availability of information (Article 1.3

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and 1.4) ..........................................................................................................37

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2.1.2. Opportunities to comment and Information before Entry into Force
(Article 2) .......................................................................................................38

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2.1.3. Procedure for appeal or review (Article 4) .........................................39
2.1.4. Disciplines on fees and charges imposed on or in connection with
importation and exportation (Article 6.1 and 6.2) .......................................40
2.1.5. Release and clearance of goods (Article 7.8) ......................................40
2.1.6. Movement of goods intended for import under customs control
(Article 9) ......................................................................................................41
2.1.7. Formalities connected with importation, exportation and transit
(Article 10.1, 10.2, 10.6 and 10.7) .................................................................42
2.1.8. Freedom of transit (Article 11.1-11.4) ................................................44
2.2. Current status of the implementation of Category B in Vietnam .........44

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2.2.1. The publication and availability of information (Article 1.1) ............45

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2.2.2. Other measures to enhance impartiality, non-discrimination and

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transparency (Article 5.1 and Article 5.2) ....................................................46

connection with importation and exportation (Article 6.3) .........................47

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2.2.3. Penalties Disciplines on Fees and Charges imposed on or in

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2.2.4. Release and Clearance of Goods (Article 7.2, 7.3, 7.5, 7.6, 7.7

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and 7.9) ..........................................................................................................48

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2.2.5. Formalities connected with importation, exportation and transit

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(Article 10.3 and 10.8) ...................................................................................54

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2.2.6. Freedom of transit (Article 11.16 and 11.17) .....................................56

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2.2.7. Customs cooperation (Article 12) ........................................................57
2.3. Current status of the implementation of Category C in Vietnam ........58

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2.3.1. Publication of information through the Internet (Article 1.2) ..........58
2.3.2. Advance rulings (Article 3) ..................................................................59

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2.3.3. Test procedures (Article 5.3) ...............................................................60

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2.3.4. Release and Clearance of Goods (Article 7.1 and 7.4) .......................61

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2.3.5. Border agency cooperation (Article 8) ................................................63

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2.3.6. Formalities connected with importation, exportation and transit

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(Article 10.4 and 10.9) ...................................................................................65
2.3.7. Freedom of transit (Article 11.5-11.15) ..............................................68

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2.4. Evaluating the current implementation of the TFA in Vietnam...........69
2.4.1. Achievements that Vietnam has completed in the implementation of

the TFA ..........................................................................................................69
2.4.2. Difficulties of the implementation of TFA in Vietnam ......................73
CHAPTER 3: RECOMMENDATIONS FOR VIETNAM IN IMPLEMENTING
TRADE FACILITATION AGREEMENT ...........................................................80
3.1. Benefits of Vietnam in the implementation of Trade Facilitation
Agreement .........................................................................................................80
3.2. Orientation of Vietnam in implementing the Trade Facilitation
Agreement in upcoming period .......................................................................83

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3.3. Recommendations for Vietnam in implementing the TFA Agreement83

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3.3.1. Recommendations

for

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and

public

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authorities ......................................................................................................83

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3.3.2. Recommendations for Vietnamese Customs in particular .................91

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CONCLUSION ........................................................................................................96

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LIST OF REFERENCES .......................................................................................98

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ANNEX ...................................................................................................................102

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ACKNOWLEDGEMENTS

In order to complete this master thesis, I have been received enthusiastic
guidance and support from my lectures, family and colleagues. From the bottom of
my heart, I would like to express my thanks to them.
Firstly, I would like to express the sincerest thanks to my supervisor, Assoc.
Prof. Dr. Trinh Thi Thu Huong who has supported, guided and encouraged me during
the completion of this master thesis from choosing the topic, outlining the main ideas,
turning those ideas into this thesis to editing this paper. Without his enthusiastic and

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excellent guidance and support, I could not have completed this master thesis.

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Also, I would like to express my special thanks to all lectures of the Master of

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International Policy and Law program, Foreign Trade University as well as World
Trade Institute who gave me the chance to broaden my humble horizon in the field

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of economics and laws.

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Last but not least, I would like to express my warm thanks to my family, my

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colleagues and my friends who never stop supporting, encouraging and giving me the

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favorable conditions to complete this master thesis.

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LIST OF TABLES

Table 1.1: Benefits of trade facilitation to governments and both buyers and sellers 8
Table 1.2: The OECD trade facilitation indicators ................................................... 10
Table 1.3: TF Measures “Clarify and Improve” Aspects of the GATT .................... 15
Table 1.4: Technical measures to facilitate trade in the Agreement ......................... 17
Table 1.5. Articles of Category A, B and C of Vietnam ........................................... 34

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LIST OF FIGURES

Figure 1.1: LDCs Notification for all categories of provisions ..........................26
Figure 1.2: DCs notification for all categories of provisions .............................26
Figure 1.3. Share of Categories A, B, C in Vietnam ..........................................33
Figure 1.4. Types and share of requested technical assistance of Vietnam .......36
Figure 2.1. Time and Costs of Trading Across Borders .....................................75
Figure 2.2: Time and Costs of Trading Across Borders, Vietnam .....................76

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LIST OF ABRREVIATIONS

Abbreviation

Full name

ADB

Asian Development Bank

AFTA

ASEAN Free Trade Area

APEC

Asia – Pacific Economic Cooperation

ASEAN

Association of South East Asian Nations

CPTPP

Trans-Pacific Partnership Agreement

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FDI

Foreign Direct Investment

FTA

Free Trade Agreement
The General Agreement on Tariffs and Trade

GDVC

The General Department of Vietnam Customs

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GATT

The International Chamber of Commerce

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The Ministry of Agriculture and Rural Development

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MARD

Least Developed Member States

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ICC

The Ministry of Finance

MOH

The Ministry of Health

MOIT

The Ministry of Industry and Trade

MOST

The Ministry of Science and Technology

MOT

The Ministry of Transport

NSW

National Single Window

OECD

The Organization for Economic Co-operation and Development

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MOF

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SME

Small and medium enterprises

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Special and differential treatment

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SDT

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SW

Single window

TF

Trade Facilitation

TFA

Trade Facilitation Agreement

TRS

Time Release Study

TPP

Trans-Pacific Partnership

UNCTAD

United Nations Conference on Trade and Development

VN-EAEU
FTA

Vietnam - Eurasian Economic Union Free Trade Agreement

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WB

World Bank

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World Customs Organization

WTO

World Trade Organization

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WCO

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ABSTRACT
Trade facilitation plays a key role in international trade and trade supply chains,
which is also an important issue of the world in general and Vietnam in particular.
The new WTO Trade Facilitation Agreement (TFA) is a significant step forward for
the international trading regime, representing new hope for the relevance of the WTO.
Joining in international trade, therefore, Vietnam has to fully comply with
commitments regulated in the TFA Agreement. With topic “Current Situation and
Recommendations for the implementation of the WTO Trade Facilitation Agreement
in Vietnam”, the thesis focuses on the current application of the TFA Provisions into

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the legislation and implementation in Vietnam in order to point out the achievements

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that Vietnam have gotten after 5 years of ratification the TFA Agreement and 13 years

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of joining in the WTO Organization. Following that, the thesis mainly focuses on

At first, the thesis comprehensively analyzes provisions of the WTO Trade

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several issues and gains some achievements as follows.

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Facilitation Agreement (TFA) in WTO and the commitments of Vietnam in

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implementing the TFA Agreement.

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Next, the thesis details Vietnam’s legal documents and practical implementation

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of the TFA Agreement in order to state the compliance and not compliance of those

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in comparison to the requirements of the TFA Agreement. Each provision on the TFA
Agreement is analyzed so as to point out for which the compliance is total, which the

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compliance is partial and need to adjust. As a result, the achievements and challenges

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that Vietnam have met during this process is also pointed out and analyzed in detailed.
Finally, based on analysis above, recommendations for Vietnam to fully comply

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with regulations on the TFA Agreement are revealed. For this part, recommendations

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for Vietnam customs are also pointed out in particular.

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for Vietnamese government and ministries are stated in general, recommendations

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INTRODUCTION
1. Research rationale
After 14 years of participating in the World Trade Organization (WTO),
Vietnam has become the 22nd largest export economy in the world. According to

statistics of the General Department of Vietnam Customs (GDVC), in 2019, the total
import and export value of the whole country reached US$ 517.26 billion, a year-onyear increase of 7.6 per cent (equivalent to an increase of US$ 36.69 billion)
compared to in 2018. Vietnam's exports have increased rapidly with a high growth
rate of over 15% in the period of 2011-2019 and officially reached the value of US$

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500 billion in mid-December 2019. This result leads that Vietnam has maintained the

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trade surplus in four year consecutively, especially this year with a trade surplus of

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nearly US$ 10 billion.

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In the context of that domestic economic development has increase

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significantly and highly integrated with the regional and the world economic, at the

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same time it has tightly met up the requirements of reform and modernization to

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facilitate international trade activities, all of those have created great pressure for the

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Government of Vietnam in general and the Vietnam Customs in particular, including:

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the volume of imported and exported goods that need to be inspected increases

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greatly; the time for goods storage to be inspected is shortened in order to meet the
requirements; the quick releasing of goods at border gates but still have to ensure the

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task of combating trade fraud, protecting domestic production and not losing tax

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revenue. Trade facilitation opens many priorities for enterprises that strictly abide by
customs laws, and more tightening supervision for enterprises showing signs of
smuggling and trade frauds.

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Thus, trade facilitation plays a key role in international trade and trade supply

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chains, which is also an important issue of the world in general and Vietnam in
particular. The new WTO Trade Facilitation Agreement (TFA) is a significant step

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forward for the international trading regime, representing new hope for the relevance

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of the WTO. The TFA includes novel measures to help developing countries build
capacity, while also taking into consideration regulatory concerns of WTO members

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through the application of the general GATT exceptions to the new agreement. If the
TFA is properly interpreted, the combination of capacity-building measures and a
focus on technological improvements could result in a win-win situation wherein
routine positive trade is streamlined, reducing time required to cross borders, while
negative trade is more easily controlled and regulated at the border. It is likely that
the TFA will reduce the cost of trading across borders, while improving trade for
developing countries and allowing WTO members to better control trade flows,
through a combination of procedural streamlining and regulatory discretion.
For the reasons mentioned above, the topic “Current Situation and
Recommendations for the implementation of the WTO Trade Facilitaition

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Agreement in Vietnam” is chosen to reveal the current implementation of the WTO

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Trade Facilitation Agreement in Vietnam either in the amendment of Vietnam’s

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legislation or in the practical implementation. Also, the benefits and difficulties that

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Vietnam have has to cope with in those processes are pointed out. Based on that

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analysis, the objective of this paper is giving some recommendations on Vietnam’s

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legislation and upcoming strategies to fully implement regulations on the WTO Trade

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Facilitation Agreement.

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2. Literature review

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Trade facilitation with many benefits for countries in enhancing the

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effectiveness of international trade, including but not limited to cost cutting, risk and

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uncertainty reduction, market expansion, has been increasingly received more and
more interest from many countries in all over the world, especially in developing

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countries and least developed countries. As a category to promote international trade,
trade facilitation quite received much attention and research from many organizations

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and researchers, including the research on the TFA Agreement. This part of the thesis

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WTO).

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will analyze several typical researches on the TFA Agreement in WTO (the TFA

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WTO

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2.1. Research on the Trade Facilitation Agreement in the framework of

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Paper “The Trade Facilitation Agreement: A New Hope for the World Trade
Organization” is a paper revealing potential huge benefits of the TFA Agreement to
the world trade in general and to the WTO’s Members in particular. The TFA is the
first multilateral agreement of WTO which includes novel measures to help
developing countries build capacity, while also taking into consideration regulatory
concerns of WTO members through the application of the GATT exceptions to the
new agreement.
Paper “Trade Facilitation Indicators: The Impact on Trade Costs”. This paper
presents the findings of the OECD indicators for assessing the economic and trade
impact of specific trade facilitation measures in OECD countries. Twelve trade

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facilitation indicators (TFIs) have been constructed, corresponding to the main policy

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areas under negotiation at the WTO, with the aim to estimate the impact of addressing

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specific facilitation hurdles in the trade procedures of a given country. For OECD

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countries, the policy areas that seem to have the greatest impact on trade volumes and

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trade costs are advance rulings, information availability, formalities and procedures

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and inter-agency cooperation. If all TFIs are added their cost reduction potential

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would reach almost 10% of trade costs, which is an estimate consistent with existing

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literature. The use of individual trade facilitation indicators should enable countries

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to better assess which trade facilitation dimensions deserve priority.

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2.2. Research on the TF Agreement in other WTO’s Member countries

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Turning into WTO Member countries ’s legislation and their compliance with
the TFA Agreement of WTO. There are a few papers which mention about this, as

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follows:

- Paper “Trade facilitation of Thailand and lessons for Vietnam”. This paper

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presents the current status of the results of the implementation of Trade Faciliation

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Agreement of Thailand and Vietnam, the results of these two countries in trade

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facilitation through trade facilitation indicators given by other international

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organizations such as World Customs Organization, World Bank… In addition, at the

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same time, the paper presents the difficulties and challenges that the two countries
encounter during the implementation process of the trade facilitation, as well as the

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experiences that Thailand has drawn during the implementation of the trade
facilitation, thereby giving lessons to Vietnam.
- Paper “The WTO Trade Facilitation Agreement: Implications for Pakistan’s
Domestic Trade Policy Formulation”. This paper assesses the impact of the TFA on
Pakistan’s national trade policy and shows how the process of policy formulation in
Pakistan should be adjusted so that the agreement can be promptly and correctly
implemented on a sustainable basis.
2.3. Research on the Trade Facilitation Agreement in Vietnam
- Paper “Trade Facilitation in Vietnam: Estimate the effects on trade flows”
explores the effects of trade-facilitation factors and logistics performance on trade

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flows between Vietnam and its trade partners. The authors also develop the geometric

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average of these indicators to measure the bilateral efforts in country pairs. The result

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shows that the trade facilitation and logistics infrastructure have impacted directly on

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trade flows across partners and is varied for agricultural and non-agricultural

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products.

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- Ninh Ngoc Hai (2014), “Customs and Trade Facilitation in Vietnam: Current

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Situation and Recommendations”, Master thesis, Foreign Trade University and Bui

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Mai Huong (2017), “Advantages and disadvantages of Vietnam Customs in

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implementing the TFA Agreement of WTO” (Thuận lợi và khó khăn của Hải quan

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Việt Nam khi thực thi Hiệp định Thuận lợi hóa thương mại của WTO), Master thesis,

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Foreign Trade University.

These two studies have evaluated in detail the advantages and disadvantages of

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Vietnam in the initial phase when joining the TFA Agreement. Also, the benefits of
the TFA Agreement for Vietnam in implementing it are specifically analyzed.

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However, since the time joining in the TFA Agreement until now, after 05 years of

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continuous innovation and reform, currently, the actual situation in the management

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and administration as well as the implementation of the TFA Agreement in Vietnam

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has changed substantially. Therefore, it is suggested that there should exist a depth

recommendations for Vietnam on upcoming period.

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and comprehensive research on the current status of Vietnam's trade facilitation and

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3. Research objectives
The main objective of this reasearch is to carry out characteristics and roles of
the TFA Agreement, the TFA’s commitments in Vietnam and the implementation of
Vietnam after 05 years of ratifying the TFA Agreement.
Vietnam’s legislation on the TFA Agreement is analyzed as a basis to provide
recommendations for amending and improving Vietnam’s legislation as well as
Vietnam’s implementation related to the TFA Agreement in order to fully implement
commiments on the TFA Agreement.
4. Research questions
In order to clarify the research objectives above, this research reveals several

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research questions:

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- What are the characteristics of the TFA Agreement?

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- What are the legal Vietnamese framework of the TFA Agreement in Vietnam?

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- What are the roles of the TFA Agreement?

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- How has Vietnam’s legislation of the TFA Agreement been implemented? How

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do those affect to Vietnam?

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- What are the similarities and differencies between TFA provisions and the

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related laws and regulations in application the TFA Agreement in Vietnam?

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- How could Vietnam’s legislation of TFA Agreement and Vietnam TFA

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implementation been improved in accordance with commitments the TFA WTO?

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5. Scope of research

This thesis will analyze overview information of the TFA WTO. Then it will be

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analyzed more detailed about each provision of the TFA WTO and the
implementation of each provisions in Vietnam through the amendment and

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promugation of legal documents. In particular, it makes a comparison between the

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requirement in provisions of the TFA WTO and the current implementation of those

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in Vietnam, on both legal framework and real implementation, especially in Customs

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authority, in order to point out similarities and differences between them.

for Vietnam in the implementation of the TFA Agreement.

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After analyzing all parts above, the thesis will give several recommendations

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6. Research methodology
During the research of this thesis, different research methods are applied.
Firstly, method to collect information and data from reference is used. Relevant
textbooks, researches, articles, journals, reports and legal documents (The WTO TFA
Agreement, the TFA‘s commitments of Vietnam, Vietnamese legal documents on the
TFA and related issues) are analyzed in order to reveal overview of the TFA
Agreement.
Secondly, about methods for analyzing data, analysis and synthesis of theory
method is applied. In detail, each provision of the TFA Agreement and related
Vietnamese legal documents are analyzed in order to reveal the TFA‘s

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implementation in Vietnam. Also, regulations on imports and exports of Vietnam are

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analyzed to give a deep insight about the regulations of Vietnam’s legislation on TFA

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implementation. Then, comparison method is applied to clarify the similarities and

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differences between regulations on the TFA and the related legal documents in

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Vietnam. In addition, synthesis method is utilized to point out the dispositions on the

provisions.

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TFA implementation of Vietnam and the gap between Vietnam’s legislation on TFA

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Thirdly, synthesis method is also used to carry out the compatiblity and not

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compatibility between regulations on the TFA implementation of Vietnam and

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Vietnam’s legal documents and give several recommendations for Vietnam to fully

7. Structure of thesis

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comply with commitments in the TFA Agreement of Vietnam.

Besides introduction, conclusion, list of references and annexes, the thesis
consists of three chapters as follow:

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Chapter 1: Overview of Trade Facilitatin Agreements

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Chapter 2: Current status of Trade Facilitation’s Implementation in Vietnam

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Chapter 3: Recommendations for Vietnam in implementing the TFA

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CHAPTER 1. OVERVIEW OF TRADE FACILITATION
AGREEMENT

1.1.

Overview of Trade facilitation

1.1.1.

Definition of Trade facilitation

Currently, the world has no common definition of trade facilitation. The World
Trade Organization (WTO) defines trade facilitation as to simplify international
trade procedures, including activities, practices and procedures related to collection,
circulation and processing data and other information related to the movement of

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goods in international trade. The International Chamber of Commerce (ICC) defines

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trade facilitation as improving the efficiency of processes associated with trading in

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goods across national borders. This requires a comprehensive and integrated

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simplification effort, aimed at reducing the cost of international trade transactions.

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According to the World Customs Organization (WCO), trade facilitation is the

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removal of unnecessary trade barriers by applying modern technologies and

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standards.

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improving management quality in a harmonious manner with common international

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In this thesis, Trade Facilitation (TF) is understood as policies and processes to

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reduce time, costs and risks when participating in international transactions but not
including trade barriers such as import tax, quotas or noncommercial barriers. It also

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can be said that TF is the improvement of procedures, conditions and documents

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related to the import, export and transit process of goods in order to help goods
circulate more quickly and at less cost. Meanwhile, trade promotion is the activity to
increase revenues for enterprises (at national level, sometimes trade promotion is only

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understood as increasing export sales).

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TF is most evident in stages such as reforming customs procedures,
harmonizing standards, simplifying paper forms, applying non-paper transactions,

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etc. Trade promotion shows in activities such as fairs, exhibitions and advertising.
Benefit of trade facilitation

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1.1.2.

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8

The benefits gained from TF can be assessed by the costs of trade transactions,
including both direct and indirect costs. Direct costs include the cost of preparing
customs clearance documents, freight costs, or financial costs... Indirect costs are
understood as opportunity costs in the process of transporting goods from the seller
to the buyer.

The benefits of facilitating trade not only include the reduction of costs in trade
transactions, but also the reduction of risks in international trade transactions. TF
brings enormous benefits to governments and both buyers and seller, as shown in
Table 1 below.
Table 1.1: Benefits of trade facilitation to governments and both buyers and

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sellers

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Benefits to governments

Benefits to business

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- Increase efficiency in the control - Reduce costs and time
process

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- Accelerate the paperwork process due

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- Increasing efficiency in resource
exploitation

to the consistency of the policy

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- Simplify the process of domestic and
international trade exchange

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- Increasing profits

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- Consolidating trading relations

- Enhancing competition

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- Encouraging foreign investment

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- Speed up economic development

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Resource: Economic Commission for Europe (ECE), 2002.
In particular, according to ADB and ESCAP (2013), for medium and long-term

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benefits, the four most significant benefits when trade facilitation between countries
are carried out are: (i) Strengthen competitive advantages in trade; (ii) Attract foreign

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investment (FDI); (iii) Encourage the participation of small and medium-sized

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companies in international trade; and (iv) Promote economic growth. According to

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statistics in recent studies, trade facilitation enhancement is expected to increase per

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capita GDP by about 2.5% in Asia-Pacific countries (Duval & Utoktham, 2009).

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According to WTO research in 2017, the implementation of the TFA by 2030
could add up to 2.7% a year in global export growth, more than 0.5% to world GDP
growth and even larger gain for DCs and LDCs, when trade cost is equivalent to
applying a 219% tariff on international trade. The full implementation of the TFA
could boost growth for these countries by 3.5% for exports yearly, 0.9% for annual

economic output and also diversity
However, to achieve TF, countries also have to spend certain costs. First of all,
the cost of developing policies and applying TF is still one of the reasons why
countries do not want to really conduct negotiations to facilitate TF. But in fact,

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reaching an agreement on TF policies has brought great benefits that, according to

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the WTO, will cover the initial costs. In addition, these initial costs will be transferred

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to the participants by the government through related service charges (ADB &

Some of the basic types of fees for the process of establishing and facilitating

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ESCAP, 2013).

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trade include (i) organizational costs, including those necessary to change an

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organization's point, sometimes accompanied by the reintegration of current

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organizational structure or making new policies; (ii) legislative expenses for the

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modification and administration of existing legal systems or the issuance of new
legislation; (iii) infrastructure and training costs, including the costs of building

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electronic communication systems and internal computer networks, along with the

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costs of training human resources to master and manage systematic.

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1.1.3.

Trade facilitation indicators

To help governments improve their border procedures, reduce trade costs, boost

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trade flows and reap greater benefits from international trade, the Organisation for

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Economic Co-operation and Development (OECD) has developed a set of Trade

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Facilitation Indicators (TFIs) that identify areas for action and enable the potential
impact of reforms to be assessed. Estimates based on the indicators provide a basis

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for governments to prioritise trade facilitation actions and mobilise technical

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10

assistance and capacity-building efforts for developing countries in a more targeted
way.
The OECD TFIs also allow countries to identify their strengths and weaknesses
in trade facilitation. They measure the actual extent to which countries have
introduced and implemented trade facilitation measures in absolute terms, but also
their performance relative to others, using a series of quantitative measures on key
areas of the border process.
The TFIs take values from 0 to 2, where 2 designates the best performance that
can be achieved. They are calculated on the basis of information in the TFIs database.

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Table 1.2: The OECD trade facilitation indicators

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Advance Rulings

Prior statements by the administration to requesting

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traders concerning the classification, origin, valuation method,

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etc., applied to specific goods at the time of importation; the

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rules and process applied to such statements.

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The possibility and modalities to appeal administrative

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Appeal Procedures

decisions by border agencies.

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Fees and Charges

Co-operation between various border agencies of the

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Internal

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Co-operation –

Co-operation with neighbouring and third countries.

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External

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Co-operation –

country; control delegation to customs authorities.
Disciplines on the fees and charges imposed on imports

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Electronic exchange of data; automated border

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Automation

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Formalities –

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and exports.

procedures; use of risk management.

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Formalities –

Simplification of trade documents; harmonisation in

Documents

accordance with international standards; acceptance of copies.

Formalities –

Streamlining of border controls; single submission points

Procedures

for all required documentation (single windows); postclearance audits; authorised economic operators.

Governance and

Customs structures and functions; accountability; ethics

Impartiality

policy.

Information

Publication of trade information, including on internet;

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Availability

enquiry points.

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Involvement of the

Consultations with traders.

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Trade Community

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(Source: OECD, 2015)

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The OECD trade facilitation indicators cover the full spectrum of border

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procedures, from advance rulings to transit guarantees, for 163 countries across

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income levels, geographical regions and development stages.

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Overview of Trade Facilitation Agreement

1.2.1.

Process of Trade Facilitation Agreement’s negotiation in WTO

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1.2.

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The Trade Facilitation Agreement (TFA) is the result of a decade-long process
that started in 1996. In many ways, the WTO’s engagement in trade facilitation began

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at the Singapore Ministerial Conference in December 1996, when WTO
members directed the Council for Trade in Goods “to undertake exploratory and

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analytical work… on the simplification of trade procedures so as to assess the scope

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for WTO rules in this area".

After several years of exploratory work, WTO members formally agreed to

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launch negotiations on trade facilitation in July 2004, on the basis of modalities

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contained in Annex D of the so-called “July package”. Members agreed that the
negotiations “shall aim to clarify and improve relevant aspects of Articles V, VIII and

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X of the GATT 1994 with a view to further expediting the movement, release and
clearance of goods, including goods in transit”. Negotiations were also aimed at
“enhancing technical assistance and support for capacity building in this area” and at
developing “provisions for effective cooperation between customs or any other
appropriate authorities on trade facilitation and customs compliance issues”.
Members further agreed on extensive special and differential treatment for
developing countries (DCs) and least-developed countries (LDCs).
On 12 October 2004, the Trade Negotiations Committee established the
Negotiating Group on Trade Facilitation. Hundreds of proposals made by WTO

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members, individually or through groups or alliances, were submitted for

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consideration by the Negotiating Group.

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The proposals continued to be refined until ministers concluded the negotiations

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on trade facilitation at the Bali Ministerial Conference in December 2013. In line with

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the Agreement, a Preparatory Committee on Trade Facilitation was established under

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the General Council, open to all WTO members, to ensure the expeditious entry into

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force of the Agreement and to prepare for the efficient operation of the Agreement

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upon its entry into force. The Committee was also tasked to conduct a legal review

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of the TFA, receive notifications from members on the commitments they can
undertake immediately (Category A commitments), and draw up a Protocol of

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Amendment to insert the Agreement into Annex 1A of the WTO Agreement.

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The legal review was completed by members in July 2014 and delegations

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began to submit their Category A notifications.

On November 27, 2014, the WTO members agreed to adopt a revised Protocol

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to bring into the system of mandatory agreements of the WTO a new agreement - the

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Trade Facilitation Agreement (TFA). It stipulated that the TFA would enter into force

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once two thirds of all WTO members completed their domestic ratification
procedures and deposited a valid acceptance instrument. This threshold was reached

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Agreement to take effect.

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on 22 February 2017 when the WTO received the 110th deposit, allowing the

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1.2.2.

Structure and content of Trade facilitation agreement

The purpose of the TFA is to expedite the movement, release, and clearance of
goods, including goods in transit. Moreover, the TFA sets out clear, uniform and
comprehensive trade facilitation standards according to international standards.
Therefore, when practicing it will create favorable conditions for implementing
commitments related to other trade benefits in Free Trade Agreement (FTA) that
Vietnam is participated in, such as: ASEAN Free Trade Area (AFTA), Trans-Pacific
Partnership Agreement (CPTPP), Vietnam - Eurasian Economic Union Free Trade
Agreement (VN-EAEU FTA) and other Regional Comprehensive Partnership

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Agreements…

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In addition, the WTO TFA regulations provide measures for effective

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cooperation between Customs and other authorities on trade facilitation and customs

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compliance issues. The agreement also covers technical assistance and capacity

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building in this area. It consists of a Preamble and 24 Articles (“Article” would be

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mentioned as “Art” in the texts below) and is structured into three parts:

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Section I: From Art. 1 to Art. 12 - including 12 Technical Trade Facilitation
Measure Provisions of the WTO TFA; which contains the technical trade facilitation

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measures that make up the bulk of the implementation obligations.

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Section II: From Art. 13 to Art. 22 - including 10 Special and Differential

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Treatment Provisions of the WTO TFA, which contains an elaborate regime for
Special and Differential Treatment (SDT), defining the roles and responsibilities of

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developing (DCs), least developed (LDCs), and developed countries (Donor
members) related to implementation transitions and support for capacity building.

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Section III: including Art. 23 and Art. 24 – which contains 02 institutional
arrangements and final provisions, including some important provisions on the

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relationship between the TFA and rights and obligations under other WTO

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agreements

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Each Section will be explained in details in below parts.

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