Hiệp định đối tác kinh tế việt nam nhật bản cơ hội thách thức và giải pháp thúc đẩy quan hệ thương mại giữa hai nước trong bối cảnh mới

BO GIAO DUC VÀ ĐÀO TẠO.

TRUONG DAI HQC NGOAI THUONG

DANH MUC CONG TRINH NGHIEN CUU
KHOA HQC CUA NGHIEN CUU SINH DA
CONG BO LIEN QUAN DEN LUAN AN
TIEN SI KINH TE

HIỆP DINH DOI TAC KINH TE VIET NAM NHẬT BẢN: CƠ HỘI, THÁCH THỨC VÀ GIẢI
PHÁP THÚC ĐÂY QUAN HỆ THƯƠNG MẠI
GIỮA HAI NƯỚC TRONG BÓI CẢNH MỚI
Ngành: Kinh tế Quốc tế

TƠ BÌNH MINH

HÀ NỌI - 2022


DANH MUC CONG TRINH NGHIEN CUU KHOA HQC
CUA NGHIEN CUU SINH DA CONG BO LIEN QUAN
DEN LUAN AN
1.

Tô Binh Minh,

Efficient use of free trade agreements (FTAs) in

exporting to Japan, Vietnam — Japan International Business Conference 2019,

National Economics University Publishing House, 9/2019, ISBN 978 - 604 - 946 806 - 3 (Tac gia)

2.

Tơ Bình Minh, Vietnam's export dealing with Non - Tariff Measures
in the Japan market, Tạp chi Phát triển và Hội nhập (Trường Đại học Kinh tế - Tài
chính Thành phó Hồ Chí Minh - UEF) số 58 tháng 5 & 6/2021, ISSN 1859 - 426 X

(Tác giả)
3.

Tơ Bình Minh, Quan hệ thương mại Việt Nam - Nhật Bản hiện nay tới

2025 và tầm nhìn tới 2030, Tạp chí Phát triển và Hội nhập (Trường Đại học Kinh
tế - Tài chính Thành phó Hồ Chí Minh - UEF) số 62 tháng 01 & 02/2022, ISSN

1859 - 426 X (Tác giả)


ON ENHANCING BUSINESS DEVELOPMENT

BETWEEN VIETNAM AND JAPAN (VJIBC 2019)


SEAIETETIIST PROCEEDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN
(ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019)

THE RELATIONSHIP BETWEEN CORPORATE SOCIAL RESPONSIBILITIES
FINANCIAL PERFORMANCE OF CONSUMER GOODS COMPANIES IN VIETNAM

AND

273

MA. Le Tra My - Nguyen Thỉ Thu Thao - Nguyen Ha Trang
Foreign Trade University, Vietnam

COMPLIANCE WITH LABOR DISCIPLINE IN THE ENTERPRISE OF LOCAL LABORERS:
FROM PERSPECTIVE OF MANAGER

299

MSc. Nguyen Chu Du

University of Trade Union, Vietnam

CHANGES IN THE JAPANESE HUMAN RESOURCES MANAGEMENT PRACTICES AND
LESSONS FOR VIETNAM IN THE GLOBAL CONTEXT

308

MA. Nguyen Thi Thu Ngoc
Quang Binh University, Vietnam

PARALLEL SESSION 3 - CUSTOMER PARTICIPATION INTO PRODUCT
AND SERVICE IMPROVEMENT & VIETNAM - JAPAN
BUSINESS ENHANCEMENT

NEW SUGGESTION TO THE ANALYTICAL PERSPECTIVE ON GLOBALIZATION OF SERVICE
INDUSTRY IN THE CONTEXT OF JAPAN'S RECENT INVESTMENT TREND

IN VIETNAM: IS

319

THIS POSSIBLE FOR THE THEORITICAL DEVELOPMENT OF GLOBAL SERVICE?

Hironobu Kitagawa

Chief Representative of JETRO Hanoi

‘THE CONTRIBUTION OF JAPANESE OFFICIAL DEVELOPMENT ASSISTANCE (ODA) TO
ECONOMIC GROWTH OF ASEAN COUNTRIES
r. Nguyen Phue Hien - Pham Thu Thao
Foreign Trade University, Vietnam
EFFICIENT USE OF FREE TRADE AGREEMENTS (FTAS) IN EXPORTING TO JAPAN
MSc. To Binh Minh
Foreign Trade University, Vietnam
INTELLECTUAL PROPERTY MANAGEMENT: CASE STUDIES OF VIETNAMESE AND
JAPANESE SMALL AND MEDIUM-SIZED ENTERPRISES (SMES)

336

354

367

Le Thi Thu Ha - Dao Thi Mai quyen
Foreign Trade University, Vietnam

THE IMPACT OF PERCEIVED CUSTOMER PARTICIPATION OF FRONTLINE STAFF'S ON

‘SERVICE RECOVERY PERFORMANCE IN VIETNAM RETAILING

Vo Thi Ngoc Lien
University of Finance and Marketing, Ho Chi Minh City, Vietnam
Nguyen Hoang Kim Quy

University of Milan, Italy

10

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ETTTYCTEII PROCEFDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN

‘ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019)

EFFICIENT USE OF FREE TRADE AGREEMENTS (FTAS)
IN EXPORTING TO JAPAN
MSc. To Binh Minh
Foreign Trade University, Vietnam

Abstract
Viet Nam and Japan have joined a

series of trade agreements, especially the CPTPP

Agreement, which came into effect from January 14, 2019. Under these trade agreements, the
parties agree on preferential tariffs, quotas and fees for goods according to the general roadmap
towards reducing and eliminating tariff barriers among participating countries.

If Viet Nam’s exports goods enjoy preferential tariffs under these trade agreements, it will

help Vietnamese enterprises increase their competitiveness and export turnover to the Japan
market. In order to enjoy tariff preferences under these trade agreements, exported goods must

meet a wide range of requirements on importation and comply with certain rules of origin in
Japan. In particular, rules of origin in trade agreements with Japan are considered the most
difficult and strict of the trade agreements that Vietnam is a member of.

Inrecent years, Vietnamese enterprises have taken advantage of tariff preferences under trade

agreements with Japan to boost exports to Japan. Besides that, many Vietnamese enterprises

still do not know how to take advantage of tariff preferences because they do not understand or
not comply with the required rules of origin or non-tariff barriers. In addition, many Vietnamese

enterprises take advantage of these tariff preferences to carry out trade frauds that adversely

affect Vietnam’s reputation and harm the trade relations between the two countries,

The article states the status of using tariff preferences of Vietnamese enterprises when

exporting to the Japanese market and analyzing the cause of that status. Based on the analytical

results, it is proposed to provide solutions for Vietnamese enterprises to effectively use tariff

preferences under trade agreements that both sides joined and prevent trade frauds in export to

Japan market. Since then, Vietnamese enterprises can increase the competitiveness of exports to

the Japanese market and promote the Vietnam-Japan trade relations for sustainable development.

Keywords: Free Trade Agreement (FTA), Viet Nam, Japan, rules of origin, certificate of

origin, export, tariff preference.

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The

1. INTRODUCTION
In the 46 years of official establishment
of diplomatic

relations, economic

relations

between Vietnam and Japan have always
developed strongly. Japan has become the

leading important economic partner of Vietnam
and Vietnam has also become an important

Comprehensive

Economic

Partnership Agreement between ASEAN and

Japan (AJCEP), signed in April 2008, took

effect from December 2008 in all member

countries in October 2010.

Vietnam-Japan

Economic

Partnership

Agreement (VJEPA) was signed on December

partner of Japan in Southeast Asia.

25;-2008, effective from October 2009.

1n2018, Japan
was among the top 10 trading
partners of Vietnam with total import and

The Comprehensive and
Agreement for Trans-Pacific

export turnover of 37.9 billion USD, increased

by 11.9% compared to 2017. In particular,

total export turnover to Japan reached 18.85
billion USD, increased by 11.8% compared
to
2017. Export growth rate
to Japan increased by

11.8% compared to 2017. The turnover of key

export products of Vietnam to Japan increased,

including textiles and garments (3.8 billion
USD, up 22.6%); means of transport and spare

parts (2.48 billion USD, up 14.1%); machinery,

equipment, tools and spare parts (1.84 billion

USD, up 7.1%); seafood products (1.39 billion
USD, up 6.4%), wood and wooden products

(1.15 billion USD, up 12.2%). [18]

In the first 6 nionths of 2019, exports to
Japan reached 9.68 billion USD, up 9.1%

compared to the same period in 2017. [27]

In addition to GSP (Generalised System of

Preferences) for developing countries including
Vietnam, there are many tariff preferences

from Japan under FTAs signed with Vietnam

as follows.

Progressive
Partnership

(CPTPP) signed on March 8, 2018, takes
effect for Vietnam from January 14, 2019.
CPTPP with 11 member countries (Australia,
Brunei, Canada, Chile, Japan, Malaysia,
Mexico, New Zealand, Peru, Singapore and

Vietnam), accounting for 13.4% of total value
of global GDP and covering the market almost

500 million people with a total trade tumover

of over 10,000 billion USD,

will become

the third largest economic community in the
world, just after the North American Free
‘Trade Agreement (NAFTA) and the European

Union (EU) [29].

In 2018, Vietnam’s total exports turnover

of goods took advantage of tariff preferences
under FTAs reaching 46.2 billion USD,

accounting for 39% of total exports to FTAsigned markets, increased by 5% compared to
2017 [1]. Particularly for the Japanese market,
the utilization rate of FTA preference reached
38%, up 3% compared to 2016 and 2017 [18].

In comparison with other markets, the rate

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of export turnover using preferential C/O to
the Japanese market is only at middle level.

form VI) with the rate of 72%, Chilean market
(C/O form VC) is 67% and the Korean market

The markets with high utilization rate of

(C/O for
AK andmVK) is 60% [6].

preferential C/O are the Indian market (C/O

A

(U0í:

(606m)

tuna

spent

i

0 (ion uso)

2016 | 2017 | 2018 |

2016

Total Export
tumors

Rate of utilizationof

2017 |

2018 | 2016 | 2017 | 2018

(lion uso)

MŒP
(G0fomA)

4.097

WEA

1.065 | 5.834 | 1475 | 14.677 | 16.841 |

(00fmV))
Total

‘

5.162

FIA

563

"

pe

preferences (%)

23

_

_

1885

_

113

30
7

35

5

8

38

Source: Import and export report 2016, 2017, 2018 of Ministry of Industry and Trade [16], [17], [18]
Some product groups with good utilization
rate under AJCEP and VJEPA in 2018 can be
mentioned as vegetables (72%), plastic and

Plastic products (90%), footwear (92%) [18].

Participation in FTAs in general and FTAs
with Japan in particular create significant
benefits for Vietnam, especially in exports.
Under

FTAs,
the biggest
benefit
is tax reduction,
thereby increasing
competitiveness. According to the Ministry
of Industry and Trade, if the average tax rate
among countries is a member of the World

Trade Organization (WTO) of 5-25%, the

average tax rate in FTA commitments
much lower, only from 0-5% [33].

356

is

AJCEP alone has brought many export

growth opportunities for Vietnam because most

of the products with the most tax reduction are
also the main export products to the Japanese
market. As soon as the Agreement comes into

effect, 95% of tax lines account for 94.5% of
export value of industrial products exported

from Vietnam to Japan will be applied by 0%

tax rate. Japan climinated tariffs on nearly

94% of import value from Vietnam within

10 years. There were 3,718 import-export
deals through the AJCEP Agreement, with a
tumover of 17 billion USD, the highest among
the Agreements. [18]

Under VJEPA, the average tax rate for
Vietnamese

goods

exported

to Japan

is


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(ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM
AND JAPAN (VJIBC 2019)
reduced to 2.8% in 2018. At least 86% of

agricultural - forestry - fishery products

and 97% of Vietnamese industrial goods

exported to Japan enjoy tax preferences.
Fishery, agricultural products, textiles,
iron and steel, chemicals and electronic
liberalizati
the strongest
comhave
pon
ent
s on

commitments. [21]

With CPTPP, Japan commits to abolish tax
immediately for 86% of tariff lines, equivalent

to 93.6% of Vietnam’s export turnover to
Japan and nearly 90% of tariff lines after 5

years [18].
The FTAs also help impfove' the legal

environment,

administrative procedures

in

the field of import and export. FTA member

to origin of goods instead of C/O issuance at

C/O issuing organization. This mechanism

helps exporters save costs, time, and initiative

in export activities. As of 12/2018, the

Ministry of Industry and Trade has received

the application for participation in piloting

and issuing codes of qualified exporters to

participate in pilot self-certification of origin
for 10 Vietnamese exporters [ 24].
Besides

that,

domestic

Vietnamese

enterprises have the opportunity to access

high-technology machinery, equipment and
high-quality materials from Japan to serve
. production activities. The reduction.of taxes

in raw materials and equipment groups will

also be an important motivation for Japanese

countries must review their entire legal

enterprises to expand their investment in

investment, intellectual property rights (IPR),

established in Vietnam allows the use of intraFTA material chains and the application of the

system, first of all in the fields of trade,

competition of state-owned enterprises, labor,

bidding, e-commerce, environment, dispute
resolution, etc.

Recently, the Ministry of Industry and
Trade has also made efforts to simplify
administrative procedures in the field of C/O

issuance, initially creating positive changes

with the C/O issuance via the internet.

In addition, the pilot implementation of

self-certification of goods origin has been
gradually implemented by the Ministry of

Industry and Trade and attracted the attention
of Vietnamese enterprises when allowing

exporters to declare themselves and commit

Vietnam. The

fact that FDI

enterprises

principle of cumulative origin for Vietnamese
goods exported to FTA markets will encourage
the Investors not only from Japan but from

member countries of AJCEP and CPTPP.

FTAs also set out commitments to protect

intellectual property rights and protect

investment; including the right to withdraw
capital, transfer money, fair compensation
when nationalized assets and legal aid. These
points will also encourage foreign enterprises
toincrease investment and technology transfer

to Vietnam.

According to the Ministry of Planning

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(ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019)
and Investment, by CPTPP Vietnam will
gain significant benefits from exports with a

total increase of more than 4%, equivalent to

As Japan’s ready-to-eat food industry
grows, processed shrimp products with high
usability will grow well in the Japanese

about 4 billion USD. The increase in exports

market. It is expected that in 2019, deep-

of exports to countries in CPTPP by 14.3%
(assuming progression to 2035), equivalent
to 2.61 billion USD, while exports to other
countries outside of CPTPP will increase by

FTAs with rules of origin will create
opportunities for investment in raw materials

will be mainly in-group with the growth rate

1.7% (equivalent to 1.4 billion USD). [12]

According to WTO research, developing
countries will increase the number of new

export products by 20%, less developed
countries will increase by 36% [10].

However, if the Vietnamese enterprises and

relative ministries do not catch up in time
to best implement FTA, it will be difficult
to create sustainable competitiveness for
Vietnamese goods.
Particularly with Japan, the main market of

Vietnam’s footwear and bags export industry,

can grow at an average of 20-35% per year

processed shrimp products circulated into
Japan will grow more than 10% compared to
2018 [40].

attraction
an ng
ti
creating
or
ppes,
orsuindustri

for investors to enter this filed. Vietnamese
enterprises

will

have

the opportunity

to

import technology with cheaper price from

their Japanese counterparts, and also have

the opportunity to participate in the supply
chain, not only export to Japan but also to

a third country, if participate in this supply

chain well. Particularly involved in high-

tech products plus better mastery of high-end

input materials, these are benefits beyond
market expansion benefits from FTAs.
Vietnamese enterprises can engage more
deeply in regional and global production and

[27]. If Vietnamese enterprises know how to

supply chains.

make full use of the provisions from CPTPP,
this growth will be higher than the current.

Besides the benefits for Vietnam mentioned
above, the implementation of FTAs still has

In CPTPP, fishery products (except

canned tuna and fish balls) of Vietnamese
origin will be removed from the import tax

right after the Agreement comes into effect
or after 3 years [26]. Therefore, Vietnam’s
fishery export will reach a fairly good market
access to this region.

358

certain difficulties for Vietnamese enterprises.
In

fact,

the

legal

system

and

state

management capacity in some areas directly

related to international integration in general
and participation in FTAs in particular are

still inadequate. Infrastructure is still weak,
especially infrastructure for economic


PROCEEDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN Esto)
(ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019)
development

and

import and

export. The

quality ofhumanresources (especially experts)

is still limited, both in negotiating and signing
FTAs and implementing commitments. The

coordination between ministries, branches

and central and local authorities is not really
effective, which leads to embarrassment when

making policies and dealing with issues.
One reason Vietnamese enterprises may
not take advantage of FTAs preferences may

be due to the correlation between costs and
benefits. The customs office in the importing
country

applies

only

the preferential

tax

save tax, they may also not require exporters

to provide preferential C/O to avoid some

troubles associated with their use. At the

time of opening of the declaration or within

a few years after the shipment is cleared (for

example, after-clearance inspection), the
customs office may check the records of the

C/O reviewing or giving whether or not to

enjoy a low or zero tax rate is guaranteed to

meet and comply with the principles of the
FTA. Customs officers can detect errors on

C/O, from minor errors such as misspellings
to serious errors such as false declarations of

rate if the goods accompanying a Certificate.

origin may slow the process of receiving tax

the

importers to lose their right to preferential

of Origin (C/O) indicate the country of
product

origin.

C/O

now

acts as

a

“passport” for goods. In order to obtain this
C/O, exporters must ensure that their goods
comply with complex rules of origin, be

prepared and keep relevant documents and
submit an application for C/O to C/O issuing
organization
in exporting country.
Basically, exporters have to do all
formalities to get preferential C/O but the
beneficiaries of the savings from import tax

are importers. Thus, if there is not long-term
relationship between the exporter and the
importer, the size of the order is small, it is

likely that it will not be convincing enough
for the exporter to bear the cost to perform

incentives of businesses, or worse, may cause

treatment, tax collections, and penalties and
additional sanctions.

Another difficulty is the complexity

and strictness of a large number of rules
in FTAs that Vietnamese enterprises must

comply with.

According

On the importers’ side, although they

an

analysis

of

the

International Trade Center (ITC), rules of

origin are difficult to comply with because of
following reasons:

+

Not standardized: rules of origin can be
a few lines to hundreds of pages long
(eg., agreements involving Pacific Rim
countries)

*

Noteasy to find: rules of origin can be ina
provision, a chapter in the text, a separate

complex C/O applications even if what they

receive is exporting the shipment.

to

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ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019)
annex/protocol or ina section incorporated

in domestic law.

+ _ Noteasytocomprehend:provisionsrelated
torules of origin are highly technical, with

requirements vary from one agreement to

another and varying terminology

A survey by EIU (Economist Intelligence
Unit - a research group of The Economist
Newspaper) investigating the reasons for

limiting the use of FTAs shows that up to 52%
of Vietnamese enterprises said that it is due

to FTA provisions too complicated, 40% said

that due to the unattractive market size and- -

38% said that the benefits are not enough to
offset the difficulties when using. [26]

The rules of origin in FTAs with Japan are
more stringent than those of other FTAs.

For example, the rules of origin in AJCEP

and VJEPA apply to textiles and garments,
not only requires sewing stages to create

finished products, but also requires fabric
materials to be made in-group. This means
that Vietnamese

enterprises cannot

import

fabric from another non-member country to

produce and then export garments to Japan

and enjoy preferential tax rates. Especially

for the textile and garments industry, most of
the fabrics used are imported by Vietnamese
enterprises from some countries such as China,
Korea, etc. countries that are not members of

AJCEP and VJEPA. It is clear that Vietnamese
enterprises’ products will not be able to meet

360

the rules of origin and therefore cannot enjoy

tariff preferences from Japan while this is a

large export market for Vietnam.
CPTPP

Agreement

even

is

stricter.

Specifically, if in the FTAs Vietnam has

participated in, only the principle of 1-2 stages

is applied, then CPTPP Agreement applies the
principle of 3 stages including creating fibers
and yarns; weaving and finishing fabric;
confection. These stages must be implemented

in member countries covered by the CPTPP

Agreement.
In~

addition,

the

investment

in

the

production of raw materials from yarn
onwards is facing many difficulties, notably
the projects related to textile dyeing are often
rejected by some local governments because
of concerns about affecting the environment.

The CPTPP Agreement also regulates
such
ment,d
ate

ble develop
rel
to sustaina
issues
as labor and environmental regulations. These
regulations as well as stricter regulations on
technical barriers and sanitary measures are
included.
Food sanitation and safety is the most
important issue in exporting agricultural and
fishery products, especially to the Japanese
market. Since May 29, 2006, Japan has
implemented the Food Sanitation and Safety
Law (amended) for all shipments of food

imported into Japan, tightening regulations

and adding some types of chemical residues


PROCEEDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN [ETSI
ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019)
are not allowed in food and continue to
increase the limit of chemical residues
allowed. Exported shrimp from Vietnam
has been tested 100% for food safety. For
vegetables

and fruits, the Law

on

Plant

Protection of Japan is listed in the list of
countries with fruit fly disease, Vietnam is

not allowed to export fresh fruits with seeds
such as dragon fruit, longan, mango, papaya,
cucumbers, tomatoes, etc.
‘Vietnamese manufactured goods exported
to Japan also face some difficulties in technical

standards. Japanese industry standards (JIS)

have many different points from international
standards. Japanese consumers have strict
requirements for quality, durability, reliability

and convenience of products.
Inthe global supply chain, according to the
Japan External Trade Organization (JETRO),

garment industry, 70% of enterprises only
do processing of cutting and tailoring. This
means that Vietnam participates in global
value chains with low value levels. [36]
Moreover, taking advantage of preferential

tariffs on goods exported from Vietnam is

still focusing on FDI enterprises. The reason

is that FDI enterprises clearly identify the
investment

objectives

of

production

in

Vietnam to take advantage of the preferences
that Vietnamese goods get from FTAs. In
addition, FDI enterprises have advantages in
scale and resources as well as understanding

the standards’ and specific characteristics of

goods in the markets they export. In contrast,

Vietnamese enterprises are smaller in scale,

failing to understand the market’s demand
and to meet the technical standards and goods

origin to enjoy preferential tax.

the localization rate in Vietnam is only 33%,

much lower than 43% in Indonesia and
55% in Thailand. Only 21% of Vietnamese

One of the main reasons why Vietnamese
enterprises have not taken advantage of FTA
preferences is that they lack information

(compared to 30% of Thailand and 46%

the authorities in finding, understanding and
applying regulations of Agreement to enjoy
preferential tax rates.

tumover of large enterprises is only 16.8%

For example, according to the rules of
origin, goods applying the origin criteria

SMEs participate in the global value chain

of Malaysia). The export rate of small and
medium enterprises in Vietnam in total export
(compared to 83.3%); meanwhile in other

and necessary guidance and supports from

participate in production networks (much

for converting HS codes (CTC) but failing
to achieve the conversion of HS codes

are still considered to be originating if the

According to WB,

to produce such products do not exceed the

countries an average of 23% (compared to

77%). Only 36% of Vietnamese enterprises

lower than 60% in Malaysia and Thailand).
in Vietnam textile and

value of all Non-originating materials used

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“De

Minimis”

threshold.

However, many

‘Vietnamese enterprises do not understand the
“De Minimis” rules and ignore the preferential

tariffs in a unfortunate way.

of anti-dumping,

30

safeguard

measures

cases involving Vietnamese goods, 14 cases

of subsidies and 19 cases of tax evasion. [32]

Tariff reductions under FTAs also lead to
more frauds in C/O to enjoy preferences or

Vietnam has been affected by FTAs, so
goods from countries applied by high tax
rates are likely to seek to illegally transit to
Vietnam, falsifying legalization Vietnamese

Although in 2018, 100% of C/O form AJ

origin then exported to the US, Europe and

avoid trade remedies.

and VJ from Vietnam are accepted for tariff

preferences in Japan [18], very few cases
require a verification of origin, we also need
caution with the possibility of trade fraud will
occur when exporting to Japan.

Recently, the Ministry of Agriculture and
Rural Development has wamed of problems
related to the production and export of trade

fraud timber, originating from China. In the

Japan markets to avoid high tax rates applied
by these countries.

This leads to the risk of Vietnamese

exports

being

investigated

by countries,

imposing anti-dumping tax, safeguard tax,

and countervailing tax at a very high level,

causing damage to Vietnamese manufacturers,

loss of credibility in the international market

or export restrictions on these markets if

first 7 months of 2019, Japan is one of the

discovered by the importing country and

together with the US, China and Korea. The

Based on the benefits and difficulties of

four largest wood export markets of Vietnam

tumover of these four markets accounts for

nearly 80% of Vietnam’s total export value of
wood and wooden products [14]. Meanwhile,
China is the largest market for wood materials

in Vietnam. Therefore, the possibility of

origin fraud for wooden products exported to
Japan is very high.
By the end of 2018, there have been 144
trade remedies cases investigated, applicable

to Vietnamese exports (of which 19 cases

were in 2018). Of the 144 cases of trade

remedies investigations, there were 81 cases
362

applying trade remedies measures.

taking advantage of the preferences from

FTAs with Japan, there are some proposals to
the Vietnamese agencies and enterprises can
help increase efficiency when exporting to
Japanese market.

The government needs to review the
legal system to continue to amend and
supplement in accordance with commitments
in FTAs (such as Tax, Customs, Commercial

Laws. Government needs more effort to
reform regulation, improve investment
environment, create good opportunities for


PROCEEDING OF THE IST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN Exitamerrir=)
(ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019)
the business community to accompany the

Government, participate in policy review,
reform

administrative

procedures,

legalize

commitments.

Procedures for granting C/O need to be

more convenient for Vietnamese enterprises.

Specifically, shorten the time for issuing C/O;

review and simplify C/O issuance process;

field of production and import and export.
Vietnamese
enterprises
can
also
cooperate with multinational enterprises and
corporations to be transferred technology as

well as take advantage of opportunities to

participate more deeply in the regional and
global supply chains.
Among the FTAs with Japan, Vietnamese

apply electronic C/O declaration; expand the

piloting of C/O grants through the internet;
implementing and expanding the application

enterprises need to study to choose which

study
to reduce the criteria of self-certification

preferences. For example, when’ exporting
to Japan, Vietnamese enterprises are entitled

of self-certification mechanism; continue to

to

facilitate

Vietnamese

participate in this mechanism.

enterprises

to

It is necessary to have specific policies
to prioritize the development of supporting

industries to increase the content of domestic

production materials of three key export
industries: textile and garment, fisheries and

electronics. These are the three industries
with export turnover of over 1 billion USD

per year in the recent period.
It

is

also

necessary

to

promote

propaganda, dissemination
and training about

rules of origin, contributing to improving
understanding and effective application of
Vietnamese enterprises. These activities need

to be focused on the key export industries of
Vietnam, at place where the units authorized

by the Ministry of Industry and Trade

to grant

C/O and in the areas where large industrial

parks are located, enterprises operating in the

FTA to apply with rules of origin and nontariff measures that can comply and best tariff

to AJCEP tax reduction with a high tax
reduction, but the tax reduction is still low in

CPTPP due to the tax reduction schedule of

CPTPPisat the beginning stage. However, for

some items with immediate tax reduction of

0%, Vietnamese enterprises can immediately
use C/O form CPTPP.

Vietnamese enterprises have to understand

clearly the regulations, sanitary and safety
food standards, and practically conduct
quarantine

in Japan will help Vietnamese

enterprises feel secure about product quality,
limiting delivered products retumed, or

shorten time, reduce costs for quarantine.
Besides,

Vietnamese

enterprises

also

need to collect, analyze, process information,

understand business practices of partners,
consumer behavior of Japanese people; It is
necessary to thoroughly understand and lear

363


ESIESERE PROCEEDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN
(ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIB
C 2079)
the communication culture of Japanese people
with a very formal, polite, caring and faithful
style. Creating a prestigious and long-term
relationship with Japanese importers will be
convenient to get the preferential tax refund,
On the other hand, Vietnamese enterprises

must be more proactive in finding ways
to cooperate with the Japanese market to

strongly attract direct investmentinto Vietnam

in order to make

to penetrate deeply into the Japanese market

as well as into regional and global supply
chains. Vietnamese enterprises need-to focus
on renewing production lines, improving the
quality of goods of international standards,

stabilizing with large volumes, competitive

Prices, to expand market share in the Japanese

market. For importing, it is also necessary
to study carefully to import equipment,

and

materials

suitable

to

Vietnam’s requirements and production level
at reasonable prices.

Vietnamese enterprises should apply for

C/O over the internet to serve the verification

process of origin that may arise later. The

application for electronic

C/O procedures

will help Vietnamese enterprises save all

documents on the electronic system, making

it convenient for relevant agencies tosupport
and protect Vietnamese enterprises if there
are problems related origin of goods.
Vietnamese

364

the acts of origin fraud; at the same time,
coordinate

exporters themselves must

to closely

monitor the market

to be able to timely provide information
to management

agencies

when

there

are

unusual signs, avoid the production and
export industries of Vietnam are involved and
affected by trade remedies measures,

full use of capital and

technology transfer from large corporations

machineries

strictly comply with the regulations on
certificates of origin, not joining hands with

In the above activities, it is necessary

to take advantage of supports from
The Department of Trade Promotion

(VIETRADE) of Vietnam, JETRO of Japan,
Vietnam Chamber of Commerce and Industry

(VCCI),

Vietnam

commodity

associations,

Vietnam Commercial Counsellor in Japan.

Vietnamese enterprises need to change

their strategy of using domestic raw
materials or importing raw materials from

FTA member countries so that they can
apply the “cumulative rules of origin” when

considering preferential treatment. Develop

for quality assurance products according to
the requirements of technical barriers that

Japan requires.

2. CONCLUSION
In summary, the fact that Vietnam has been
Participating in a series of FTAs with Japan has
opened up opporttouni
boost tie

exportss
and
increase the competitiveness of Vietnamese
goods

in the Japanese

market through

tax

preferences from these FTAs. In order to realize


PROCEEDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN §29589988:
(ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019)
expectations when participating in FTAs, it is — expand theirmarkets
and increase export value. In

necessary to have synchronous solutions to — opportunities
there are challenges and vice versa.

improve competitiveness for Vietnamese export
enterprises. The provisions in FTAs
are beneficial

To take the opportunity, having to overcome
challenges and overcoming challenges will bring

to Vietnam, but Vietnamese enterprises that do greater opportunities. Doing nothing will only

not know how to take advantage of it cannot remain challenges.
REFERENCES

1. Bao Dau tu, 46,2 4) USD hàng hóa xuất khẩu tận dụng ưu đãi thuế quan từ các FTA,
/>
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2. Báo Đầu tư, Tan dung uu dai tie FTA: Khéng cé dép dn chung cho doanh nghiép, https://

baodautu.vnftan-dung-uu-dai-tu-fta-khong-co-dap-an-chung-cho-doanh-nghiep-d92169.html

3.. Báo Diễn đàn Doanh nghiệp, C/Ø và những vấn đề gặp phải, http:/www.misa.com.vn/tin-

tue/chi-tieƯnewsid/5221/CO-va-nhung-van-de-gap-phai

4. Báo Nhân Dân, Tận dung hiệu quả các FTA, />baothoinay-kinhte/item/39886502-tan-dung-hieu-qua-cac-fta.html

5. Báo Hải quan, Doanh nghiệp làm gì để đáp ứng yêu câu về xuất xứ trong CPTPF, hups:/f

thuvienphapluat.vn/tintue/vn/hiep-dinh-CPTPP/23711/doanh-nghiep-lam-gi-de-dap-ung'eu-cau-ve-xuat-xu-trong-cptpp.

6. Báo Kiểm toán Nhà nước, Đẩy mạnh xuất khẩu nhờ tận dụng chứng nhận xuất xứ hàng

hóa ưu đãi, http:/baokiemtoannhanuoc.vn/thi-truong/day-manh-xuat-khau-nho-tan-dungchung-nhan-xuat-xu-hang-hoa-uu-dai-140835

7. Bao Kinh tế & Đô thị, Bộ Công Thương: Tạo thuận lợi cho doanh nghiệp tân dung wu đãi
EFTA, - httpz/kinhtedothi.vn/bo-cong-thuong-tao-thuan-loi-cho-doanh-nghiep-tan-dung-uudai-fta-317614.html

8. Báo Kinh tế & Đô thị, Tận dụng tốt ưu đãi từ FT: doanh nghiệp Việt hưởng lợi, http//

kinhtedothi.vn/tan-dung-tot-uu-dai-tu-fta-doanh-nghiep-viet-huong-loi-322251.html

9._ Báo Kinh tế & Đô thị, Tận dựng tu đãi xuất khẩu hàng Liệt từ FTA: Doanh nghiệp vẫn thiếu

chủ động, http:/kinhtedothi.vn/tan-dung-uu-dai-xuat-khau-hang-viet-tu-fta-doanh-nghiep-

van-thieu-chu-dong-317953.html

365


[UREITETIEIECEA PROCEEDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN
‘ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019)

10. Bao Sai Gịn Giải phóng, Tan dung wu đãi thuế quan từ FTA: Cẩn sự chủ động từ doanh
nghiệp, htfp://www.sggp.org.vn/tan-dung-uu-dai-thue-quan-tu-fta-can-su-chu-dong-tu-

doanh-nghiep-451496.html

11.Báo Tuổi Trẻ, Làm sao tận dụng tru đãi từ quốc gia có 3 hiệp định thương mại chung,
/>
chung-20190528164707606.htm
12.Báo Vnexpress, Cách để doanh nghiệp vừa và nhỏ tân dung các hiệp định thương mại,

/>
dinh-thuong-mai-3897613.html

13.Béo Vietnamnet, Thơng thị trường thống thể chế, ra đại dương rồi không ở ao hồ
nữa, http:/fcafef.vn/thong-thi-truong-thoang-the-che-ra-dai-duong-roi-khong-o-ao-honua-20190702050833781.chn.

14.Báo Xã luận, Cảnh báo gian lận thương mại từ Trung Quốc, httpslwww.xaluan.com/
modules.

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Số 58 (68)

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“TẠP CHÍ PHÁT TRIÊN & HỘI NHẬP SỐ 58 (68) - THÁNG 05 -06 / 2021

ĐẶCTÍNH CƠ BẢN CỦA THẺ CHÉ

KINH TE HIEU QUA O VIET NAM


@
‘SY KIEN & PHAN BIEN

FACTS & CRITICAL REVIEW
Bình luận một số điểm mới của Luật Doanh nghiệp 220.
‘Comments on new ambiguous provisions of the Law on Enterprise 2020
THAM KHẢO.
REFERENCES

inh Sao

Ảnh hưởng ứng dụng trực tuyển đến hành
vi mua của giới trẻ (LAZADA APP).

Factors influencing customers’ online buying behavior: A case study of LAZADA APP
Nguyễn Tiến Thành

PHAT TRIỂN KINH TẾ ĐỊA PHƯƠNG.
LOCAL ECONOMIC DEVELOPMENT

`Ý định sử dụng dịch vụ thanh toán phi tiền mặt tại TPHCM.

Consumer's intention to use cashless payment service in HCMC
"Nguyễn Quốc Cường, Luu Quang Vinh, Phan Tuyắt Như, Nguyễn Văn Nghĩa
& Nguyễn Thị Duyên
Mức độ không tuân thủ thuế của doanh nghiệp nhỏ và vừa tại Vĩnh Long
The level of tax non-compliance of small and medium enterprises in Vinh Long Province
Trin Thi Hing Cúc & Nguyễn Thị Phương Dung
“Thực trạng và giải pháp phát triển du lịch làng nghề tỉnh Bình Định
Craft village tourism in Binh Dinh province: Facts and development solutions
Dang Thanh Thice & Nguyén Xuén Quyét
Chia sẻ tì thức của nhân viên trong khách san 5 sao tai TP.HCM.
Knowledge sharing behavior of employees in HCMC-based five-star hotels,
Lé Thi Giang
GIÁO DỤC & ĐÀO TẠO
EDUCATION & TRAINING
Yéu té tie dng dén tuyén dụng sinh viên sau thực tập của doanh nghiệp
Determinants of employment after the student's graduation and internship

1ê Nguyễn Thành Đằng, Hà Thị Hồng Hà & Nguyễn Khúc Lan Nhỉ

Đề xuất mơ hình giảng day kỹ năng nghe, nói tiếng Nhật
‘A model for improving Japanese speaking and listening skills
INTERNATIONAL INTEGRATION

Vietnamš export dealing with non-tariff measures in the Japanese market

"Nguyễn Thi Phong NI

To Binh Minh

Tin va bai viét xin giti vé/Letters and articles, please send to:
Tap chí Phát triển và Hội nhập/Journal of Development and Integration
Số/No 141 Điện Biên Phủ, P. 15, Q. Bình Thạnh, TPHCM
‘Tel: 0983 733 799 - Fax: 08 5422 1166
Email: tapchi_pthn@uefeduyn Website: www.uef.edu.vn
PHAT TRIEN & HOUNHAP Sé 58 (68) - Thing05 - 06/2021

4


©

International Integration

Vietnam’s export dealing with
non-tariff measures in the Japanese market
TO BINH MINH

Vietnam- Japan Institute for Human Resources

Development, HCMC Branch
Submitted: April 15, 2021 — Accepted: May 03, 2021
Abstract:

O:

the past decades, Japan has always been in the group of
the four largest trading partners in more than 200 countries
that import and export with Vietnam. Although Viemam has
bilateral and multilateral agreements with Japan, to take advantage of
preferential tariff, an important issue that Vietnam businesses need to
consider is to recognize and find ways to deal with Japan's non-tariff
measure (NTMs) against Vietnam exports. This paper reviews the definition
of NTMs, the backgrounds of Vietnam's export to Japan, the reasons why
Vietnam fails to surpass the NTMs of Japan, and the solutions to Japanese
NIMs.

Keywords: Non-tariff measures, Vietnam, Japan, export, free trade

agreements

1. Introduction
Non-tariff measures (NTMs)
are the key instruments that
replace the tariff-measures in the
world market. In fact, developing
countries such as Vietnam have
less concern about the effects
of NTMs than developed ones.
Vietnam, which is the exportingled economy for openness and
global integration, needs to
consider NTMs for exporting to
those developed countries.
In addition, Vietnam and

Japan have found each other in
favorable conditions and mutual
national economic _ benefits
to increase bilateral trade.
The pinnacle of this relation
was marked by the VietnamJapan Economic Partnership
Agreement (VIEPA) which is
124

effective since October 2009. of the Ministry of Industry and
Under the Agreement, about Trade (MOIT) and other authors
92% of goods have been duty- related to NTMs. The structure
free when entering the market of this paper is divided into three
of each party. Specifically, Japan parts: reviewing the definition of
has committed to opening up to NTMs provided by UNCTAD,
87.66% of trade turnover and analyzing the backgrounds of
eliminating tariffs on nearly Vietnam’s export to Japan and
94% of imports from Vietnam indicating the reasons why
(MOIT, 2012). The growth rate Vietnamese exporters face many
of Vietnam’s export to Japanese difficulties to surpass these
market reached about 10.4%/year NTMs, then suggest how to
after VIEPA contract. However, overcome these issues.
Vietnamese companies are still Literature reviews
facing difficulties and limitations
Non-tariff’ measures (NTMs)
in dealing with NTMs in the can be defined as ‘policy
Japanese market.
measures, other than ordinary
The purpose of this paper
is to customs tariffs, that can

evaluate the effects of NTMs in potentially have an economic
the Japanese market to Vietnam effect on intemational trade
export
and how to deal with them. in goods, changing quantities
The author analyses those studies traded, or prices or both’

[” IÊN & HỘI NHẬP_ Số 58 (68) - Thing 05 -062021