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EU-VIET NAM FREE TRADE AGREEMENT (EVFTA) AND THE IMPLEMENTATION OF VIET NAM CUSTOMS

The Vietnamese Government's EVFTA implementation plan focuses on 5 main areas including: Propaganda and dissemination; Building laws and institutions; Improve competitiveness and develop human resources; Develop guidelines and policies for employees and organizations; Formulate policies on social security, environmental protection and sustainable development.

After one year of implementing this agreement, despite the complicated developments of the Covid-19 pandemic worldwide, trade and investment exchanges between Viet Nam and the EU achieved positive results. In 2021, Vietnam's import and export trade to the EU and vice versa grew up more than 14% compared to 2020.

The EVFTA Agreement implemented is of great significance to help offset the decline of the economy during the epidemic period. From the business side, EVFTA is also confirmed to bring more diversified market opportunities, help businesses regain their post-pandemic growth momentum.

In order to implement the Government's EVFTA implementation plan, the General Department of Customs (GDVC) issued the Decision No. 2298/QD-TCHQ dated September 8, 2020 promulgating the implementation plan of the EVFTA Agreement.

In general, the implementation plan of the Agreement by GDVC focuses on the following contents: (i) Propaganda and dissemination of commitments related to the customs area including training for officers at professional units, enforcement officers at the border gate about specific commitments, especially on import-export duty and origin, to ensure the correct and complete implementation; (ii) Implement the commitments of Chapter 4 Customs and Trade Facilitation on customs regulations and procedures, simplify customs procedures, ensure transparency, apply modern management measures, establish a business-customs partnership…; (iii) Implement the commitments of Protocol 2 - Mutual Administrative Assistance in the field of customs, especially need to develop a cooperation plan with EU member customs authorities, (iv) Contents related to customs in the Agreement, (v) Reporting, monitoring and supervising regime for the implementation of the Plan. Each content of the Plan is assigned to units belong to the GDVC. The International Cooperation Department is the unit assigned to act as the focal point for monitoring, evaluating, supervising and synthesizing the implementation of the Agreement according to unexpected or annual requests.

In addition to Chapter 4 and Protocol 2 chaired by the GDVC, the Plan also sets out contents that need to be coordinated with ministries/sectors to implement commitments on trade facilitation, origin, trade remedies, enforcement of intellectual property rights at the border... of the Agreement.

At the same time, the Implementation Plan of the GDVC ensures the implementation of the Government's Master Implementation Plan and the Implementation Plan of the Ministry of Finance, including participating in the Agreement Implementation Mechanism, appointing representatives to join the Trade Committee (chaired by the Ministry of Industry and Trade) and the Customs Committee and other Committees/Working Groups at the request of the Ministries/Sectors. Annually, the General Department of Customs will evaluate the implementation of the Agreement and monitor problems arising from the implementation of the Agreement on customs-related issues to promptly provide remedial measures or propose, recommend to the competent authorities.

The results of the implementation of the implementation plan of the EVFTA Agreement of the General Department of Customs are as follows:

+ Proposing the Ministry of Finance to issue Circular No. 07/2021/TT-BTC dated January 25, 2021 of the Ministry of Finance on the time of submission of proof of origin of imported goods in the EVFTA Agreement.

+ Coordinating with the Ministry of Industry and Trade to develop Circular No. 11/2020/TT-BCT dated June 15, 2020 stipulating the rules of origin of goods in the EVFTA Agreement and Circular 30/2020/TT-BCT dated May 26/ 11/2020 guiding the application of bilateral safeguard measures, anti-dumping measures and anti-subsidy measures to implement the EVFTA Agreement (entered in force from January 11, 2021).

+ Issuing official letter No. 2669/TCHQ-GSQL dated May 31, 2021 of the General Department of Customs guildlining the Customs Departments of provinces and cities to use electronic copies of certificates of origin of goods in the EVFTA Agreement.

+ Coordinating with the Ministry of Finance in formulating Decree No. 111/ND-CP dated September 18, 2020 of the Government on preferential export tariffs and special preferential import tariffs of Vietnam to implement the Agreement EVFTA in period 2020-2022.

+ For the content that is not mandatory to use a Customs agent in Article 4.11 of Chapter 4, this content has been included in the Government's Resolution for direct implementation.

+ Regarding propaganda: take the lead in organizing and coordinating with the Ministry of Industry and Trade to organize propaganda and training seminars on the EVFTA Agreement, and conduct propaganda on the Customs Newspaper.