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Decision No. 06/2012/QD-TTg dated January 20, 2012 of the Prime Minister on consultation with the business community on international trade agreements
10/10/2012
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THE PRIME MINISTER
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No. 06/2012/QD-TTg

Hanoi, January 20, 2012

 

DECISION

ON CONSULTATION WITH THE BUSINESS COMMUNITY ON INTERNATIONAL TRADE AGREEMENTS

THE PRIME MINISTER

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

Pursuant to the 2005 Law on Conclusion, Accession to and Implementation of Treaties;

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

Pursuant to the Prime Minister’s Decision No. 182/2007/QD-TTg of November 26, 2007, on strengthening governmental negotiation delegations on international economics and trade;

At the proposal of the Minister of Industry and Trade,

DECIDES:

Article 1. Scope of regulation and subjects of application

This Decision provides the powers, responsibilities and scope of consultation between agencies responsible for negotiation and the Vietnamese business community in the process of preparing and negotiating international trade agreements.

Article 2. Interpretation of terms

In this Decision, the terms below are construed as follows:

1. Agency responsible for negotiation is a ministry, ministerial-level agency, government-attached agency or negotiation delegation established by competent authorities to assume the prime responsibility for negotiating an international trade agreement with one or more than one partner.

2. Business community comprises Vietnamese enterprises defined under the Enterprise Law, business associations and lawful representative agencies and organizations of these enterprises as provided by Vietnamese law.

3. International trade agreement means a bilateral or multilateral trade agreement or equivalent economic or trade agreement containing commitments to open the market, amend and supplement regulations and laws directly or indirectly affecting the operation of the economy in general and of the business community in particular, which is implemented by the agency responsible for negotiation under the Prime Minister’s assignment.

4. Feasibility study of an international trade agreement is a study conducted by the agency responsible for negotiation itself or in coordination with another agency or other agencies to analyze strengths and weaknesses, opportunities and challenges, identify benefits and assess impacts of an international trade agreement concerning market opening on Vietnam so as to recommend whether to initiate negotiations to competent authorities for consideration and decision.

Article 3. Powers and responsibilities of agencies responsible for negotiation to consult enterprises in the stage of feasibility study

1. Consultation to provide and collect information may be conducted after competent authorities decide to initiate the stage of feasibility study of negotiations on an international trade agreement with potential partners....

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