Decision 6/2012/qd-Ttg Dated: About The Business Community Consultations On International Trade Agreements

Original Language Title: Quyết định 06/2012/QĐ-TTg: Về việc tham vấn cộng đồng doanh nghiệp về các thỏa thuận thương mại quốc tế

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PRIME MINISTER
Numbers: 06 /2012/QĐ-TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 20, 2012

A DECISION.

About the consultation of the business community on international trade agreements.

________________________

PRIME MINISTER

Government Law Base December 25, 2001;

The Law of Signing, accession and implementation of the International Convention in 2005;

Base of Protocol 189 /2007/NĐ-CP December 27, 2007 of the Government on the Functo, Mission, authority, and organizational structure of the Ministry of Commerce;

Base Decision Base 182 /2007/QĐ-TTg November 26, 2007 by the Prime Minister of the Government of the All-Union of Economic and Trade Negotiation of the Government;

At the suggestion of the Minister of Commerce,

DECISION:

What? 1. The tuning range and subject apply

This decision rules the powers, responsibilities, the scope of consultation between the government of negotiations and the Vietnam business community during the preparation and conduct of negotiations for international trade agreements.

What? 2. Explain the word

In this Decision, the following concepts are understood as follows:

1. "Negotiable maintenance authority" is the ministry, peer-to-peer agency, government agency, negotiated delegated delegated delegated negotiations to proactively negotiate an international trade agreement with one or more partners.

2. "Business community" is that Vietnamese businesses are defined by Enterprise Law, corporate associations, and agencies, organizing the legal representation of those businesses in accordance with the regulation of Vietnamese law.

3. "The International Trade Agreement" is bilateral or multilateral trade agreements or economic agreements, the equivalent trade in which there are commitments on the opening of the market, the amendment, the addition of provisions of the law that has direct influence on the trade. or indirectly, the activity of the economy in general and of the business community in particular is given by the Prime Minister to the office of presiding over negotiation.

4. The "feasibility study" of an international trade agreement is the study conducted by the agency that chairs the negotiation or coordination with one or more other agencies to analyze the strengths and weaknesses, opportunities and challenges, determine the benefits and evaluate the impact. dynamic of an international trade agreement on the opening of the market for Vietnam to advise the start of the talks and the authorities have the authority to review the decision.

What? 3. The authority and responsibility of the business consultations of the presiding officer in the feasibility study phase

1. The consultation to provide and obtain information is allowed to proceed as the authority decides to launch a feasibility study phase on the international trade agreement negotiation with the potential partner.

2. After a decision to conduct the feasibility study, the agency presiding over the publication of the announcement on the agency ' s electronic information page negotiating the information content as follows:

a) The decision of the grant has jurisdiction over the conduct of the feasibility study of an international trade agreement.

b) The presiding officer of the negotiation (name, address address, email address of the agency presiding over information to obtain information, the proposal of the business community).

c) The potential partner for negotiation of the international trade agreement (including information on the agency's negotiating side); summary of economic relations, trade between Vietnam and potential partners.

d) Required for the feasibility study and expected time to end the feasibility study.

) The deadline to take on the proposal of the business community.

3. Responsibility for validation and processing of information:

The organization presiding over the organization's responsibility for the organization to take over, process information and study the interest of the business community and have the obligation to confirm the opinions of the business community via email or on electronic information pages. of the presiding officer.

4. Provide information at the end of the feasibility study:

The negotiation presiding agency is entitled to choose one of the following two forms to publish the feasibility study results:

a) The workshop presented the results of the study.

b) Login the results of the study on the electronic information page of the negotiating host body.

5. In the case of necessity, if the provision of information can affect the process of negotiation, the negotiating host considers the form, level, and time appropriate to make the announcement of the information to the business community.

What? 4. Rights of the business community in the feasibility study phase

The business community has the right to participate in the opinion with the presiding officer of the negotiation in the statute of limitations on the section 2 Article 3 of this Decision. Participation can be sent directly to the presiding agency or through the lead is the Vietnam Chamber of Commerce and Industry.

What? 5. Authority and responsibility for the business consultation of the presiding officer in the negotiation phase.

1. Provide a negotiation startup information:

The government presiding officer announced the decision to launch negotiations on the agency's electronic information page and the information content was as follows:

a) The decision of the grant has jurisdiction over the launch of the international trade agreement negotiation.

b) The presiding officer of the negotiation (name, address address, email address of the agency presiding over information to obtain information, the proposal of the business community).

c) The negotiation partner (including information on the authority to negotiate the partner side).

2. Provide other relevant information:

The responsible negotiation body is responsible for providing the following documents to the business community, including the Vietnam Chamber of Commerce and Industry via email or on the official website's electronic information page.

a) The agreements, the agreement to open the typical market for which the negotiating partner has signed with the third party. The negotiating chair provides only the original in the absence of a Vietnamese translation.

b) The agreements, the agreement to open the title market (equivalent to the international trade agreement on the opening of the market are being negotiated) that Vietnam signed with the third party.

c) The other documents that the negotiating chairs are aware of may and need more information for the business community.

d) The schedule, time, location, content of conference activities, seminars dedicated to the business community is held on the margins of the negotiations in the event of the parties involved in the negotiation of these activities.

3. The presiding agency negotiable, upon receiving the proposal of the responsible business community:

a) The confirmation received an opinion through the email or on the electronic information page of the negotiating chair.

b) The organization receives, processes information and research the feedback of the business community.

What? 6. Rights of the business community in the negotiation phase

1. The business community has the right to participate in the opinion, proposing issues related to the methodology and the negotiation content or the requirements that need to be set out for the partner or need to be noted in the negotiation process.

2. Attend to workshops, other activities dedicated to the business community held on the sidelines of the negotiation sessions in the event of the parties involved in negotiating these activities.

3. The participation of the business community may be sent directly to the presiding body of the negotiation or through the clue as the Vietnam Chamber of Commerce and Industry.

4. The business community is not involved in the negotiation process unless the parties to the negotiation have another agreement.

What? 7. The powers and responsibilities of the corporate opinion collection of the Vietnam Chamber of Commerce and Industry in the negotiation phase.

The Vietnam Chamber of Commerce and Industry was led to the focus and reflect the opinions of the business community. When implementing a lead role, the Chamber of Commerce and Industry of Vietnam has the following powers and responsibilities:

1. Popular the documents that the negotiating chairs have provided to the business community.

2. The research organization, which proposes content, negotiation methodology, including requirements that need to be set forth for negotiation partners, instructs businesses to review, note key issues in negotiation to help the business engage in more efficient opinion for the business of the future. The presiding officer.

3. Organization of Information Disseminable Activities, raise awareness for the business.

4. London governors, collect and aggregate feedback of the business and move to the body of the negotiating chair.

What? 8. Attend specific negotiation content

1. In the case of necessity, the negotiating chair may conduct consultations within a narrow range of one or more specific negotiation content with the business or agencies, the organization representing the business.

2. The procedure and responsibility of the parties:

a) When conducting consultation under the regulation at paragraph 1 This, the agency presiding over negotiation is responsible for drafting and requiring the business and agencies, the organization representing the business to be invited to sign the document signing a secure commitment to the information that the body is based on. presiding over negotiation sharing or discussion during the consultation process.

b) The business and agencies, the organization that represents the business participating in the responsibility for security of the information that signed the security commitment. Violations of the breach are handled by law on the protection of national secrets.

What? 9. The security mode in the consultation process

In any case, the consultation activity must ensure the correct implementation of the laws of the national secret protection.

What? 10. The guarantee budget for the operation to provide and receive information

The funding for the implementation of this Decision by the negotiating chair is issued from the state budget under the current regulation on the regular tasks of that agency.

What? 11. Terms of execution

1. This decision has been in effect since 15 March 2012.

2. Ministers, peer-agency Prime Minister, Chief Minister of Government, Head of Government Negotiation Government on International Economy and Trade, Head of Granted Jurisdiction issued, Chairman of the Chamber of Commerce and Industry of Vietnam. Men and businesses, the relevant organization, are responsible for this decision.

Prime Minister

(signed)

Dao Dung