Which agency is considered the designated contact point in dealing with disputes over foreign trade policy measures adopted in Vietnam?
- Which agency is considered the designated contact point in dealing with disputes over foreign trade policy measures adopted in Vietnam?
- What duties and powers will relevant entities have in dealing with disputes over foreign trade policy measures adopted?
- Which authority is in charge of disputes over foreign trade policy measures adopted?
Which agency is considered the designated contact point in dealing with disputes over foreign trade policy measures adopted in Vietnam?
Pursuant to Clause 1, Article 60 of Decree 69/2018/ND-CP of Vietnam stipulating as follows:
Designated contact point
1. The Ministry of Industry and Trade of Vietnam shall act as a designated contact point to assist the Government in dealing with disputes over foreign trade policy measures adopted.
According to that, the Ministry of Industry and Trade of Vietnam shall act as a designated contact point in dealing with disputes over foreign trade policy measures adopted.
Which agency is considered the designated contact point in dealing with disputes over foreign trade policy measures adopted? (Image from the Internet)
What duties and powers will relevant entities have in dealing with disputes over foreign trade policy measures adopted?
Pursuant to Article 61 of Decree 69/2018/ND-CP of Vietnam stipulating as follows:
Relevant entities
1. Relevant entities are regulatory bodies, organizations and individuals associated with dispute settlement over foreign trade policy measures adopted, which are invited or requested by the authority in charge to join the dispute settlement over foreign trade policy measures adopted.
2. The relevant entities have duties and power to:
a) Cooperate with the authority in charge and designated contact point in settling disputes over foreign trade policy measures adopted at their requests in conformity with its professional competence or line management.
b) Provide information, documentation, evidence and representation at the request of the authority in charge and designated contact point.
c) Request the authority in charge to provide information or additional information about the dispute over foreign trade policy measures adopted.
Thus, the relevant entities have duties and power to:
- Cooperate with the authority in charge and designated contact point in settling disputes over foreign trade policy measures adopted at their requests in conformity with its professional competence or line management.
- Provide information, documentation, evidence and representation at the request of the authority in charge and designated contact point.
- Request the authority in charge to provide information or additional information about the dispute over foreign trade policy measures adopted.
Which authority is in charge of disputes over foreign trade policy measures adopted?
Pursuant to Article 59 of Decree 69/2018/ND-CP of Vietnam stipulating as follows:
Authority in charge
1. The authority in charge of dispute over foreign trade policy measures adopted is a regulatory agency empowered by the Government to manage and monitor such measures, unless otherwise prescribed by an international treaty on dispute settlement applicable to these foreign trade policy measures.
2. If at least 2 regulatory agencies are empowered to manage and monitor the foreign trade policy measures adopted, being subject matter of a specific dispute, these two shall agree to choose one agency to act as the authority in charge; and then send a report to the Prime Minister and notify the Ministry of Industry and Trade in writing.
3. If the Vietnamese government has been complained against, within 3 working days from the date on which the consultation request is received but the authority in charge cannot be chosen, they must send a report to the Prime Minister and notify the Ministry of Industry and Trade in writing.
4. In necessary circumstances, at the request of the Minister of Industry and Trade, the Prime Minister shall designate or replace the authority in charge.
5. The authority in charge shall have responsibilities and power to:
a) Receive and process information and documentation in respect of the dispute settlement over foreign trade policy measures adopted.
b) Act as a contact point to facilitate communications with the foreign government which engages in the dispute and with the arbitral body or international jurisdiction agency.
c) Take charge and cooperate with the designated contact point and relevant entities during the dispute settlement over foreign trade policy measures adopted at the arbitral body or international jurisdiction agency.
d) Cooperate with the designated contact point and relevant entities in formulating a plan for dispute settlement over foreign trade policy measures adopted.
dd) Take charge and cooperate with the designated contact point and relevant entities to choose arbitrators if an arbitral body is established to settle the dispute over foreign trade policy measures adopted.
e) Take charge and cooperate with the designated contact point to choose, engage and supervise the law-practicing organization (hereinafter referred to as lawyer) advising on the dispute settlement over foreign trade policy measures adopted.
g) Take charge and cooperate with relevant entities in dealing with matters relating to disputes over foreign trade policy measures adopted, including engaging technical experts and witnesses for the dispute settlement.
h) Attend hearings of the arbitral body or international jurisdiction agency.
i) Report to the Prime Minister, the designated contact point and competent regulatory authorities on matters in respect of dispute over foreign trade policy measures adopted as prescribed in this Decree and other law provisions.
According to the above regulations, the authority in charge of dispute over foreign trade policy measures adopted is a regulatory agency empowered by the Government to manage and monitor such measures.
LawNet
