What are the matters to be coordinated in dispute settlement over the application of measures for foreign trade management in Vietnam?
- What acts are prohibited in foreign trade management in Vietnam?
- What are the matters to be coordinated in dispute settlement over the application of measures for foreign trade management in Vietnam?
- What are the coordination rules in settling disputes over the application of measures for foreign trade management in Vietnam?
What acts are prohibited in foreign trade management in Vietnam?
Pursuant to Article 7 of the 2017 Law on Foreign Trade Management in Vietnam stipulating the prohibited acts in foreign trade management as follows:
- Abuse the positions and powers to violate the regulations of law on foreign trade management, obstruct legal export and import activities and violate the rights to export and import of traders prescribed in Article 5 of the 2017 Law on Foreign Trade Management in Vietnam.
- Fail to implement measures for foreign trade management within its power or under prescribed procedures.
- Reveal the secret information of trader illegally.
- Export or import prohibited or suspended exports and imports, except for the cases specified in Clause 2 Article 10 and Clause 1 Article 14 of the 2017 Law on Foreign Trade Management in Vietnam; fail to obtain the licenses or satisfy all conditions in cases of exports or imports requiring licenses or subject to certain conditions; fail to export or import products through the prescribed border checkpoints; fail to go through customs procedures or commit frauds in terms of quantity, volume, types or origin of products when going through customs procedures and fail to stamp products that must have stamps according to regulations of law.
- Export and import products violating regulations in Clause 2 and Clause 3 Article 5 of the 2017 Law on Foreign Trade Management in Vietnam.
- Cheat and counterfeit documents related to the foreign trade management.
What are the matters to be coordinated in dispute settlement over the application of measures for foreign trade management in Vietnam?
What are the matters to be coordinated in dispute settlement over the application of measures for foreign trade management in Vietnam?
Pursuant to Article 58 of Decree No. 69/2018/ND-CP stipulating the matters to be coordinated in dispute settlement over the application of measures for foreign trade management as follows:
- Dealing with claims, mediation, consultation against dispute or conflict between Vietnamese government and a foreign government over measures for foreign trade management adopted not in accordance with international treaty on measures for foreign trade management adopted.
- Formulating and implementing plan for dispute settlement over measures for foreign trade management adopted
- Furnishing information, documentation and evidence for the dispute settlement over measures for foreign trade management adopted.
- Having qualified persons to participate in dispute settlement over measures for foreign trade management adopted upon request by the authority in charge.
- Perform tasks for settling dispute over measures for foreign trade management adopted during the proceedings of the arbitral body or international jurisdiction agency).
- Implement and deal with the ultimate conclusion or decision of the arbitral body or international jurisdiction agency, review the adherence to such ultimate conclusion or decision.
What are the coordination rules in settling disputes over the application of measures for foreign trade management in Vietnam?
Pursuant to Article 57 of Decree No. 69/2018/ND-CP stipulating as follows:
Coordination rules
1. The authority in charge and relevant entities shall coordinate in settling dispute over measures for foreign trade management adopted in an active, consistent, accurate, timely and effective manner in accordance with this Decree and Vietnam’s laws and regulations so as to protect Vietnam’s rights and legitimate interests to their best of competence.
2. The coordination between the authority in charge and relevant entities in settling dispute over measures for foreign trade management adopted shall be carried out in accordance with regulations on settlement of disputes in international treaties to which the Socialist Republic of Vietnam is a signatory which set forth dispute settlement rules for measures for foreign trade management adopted that are considered as subject matters in the dispute cases (hereinafter referred to as international treaty on dispute settlement).
3. The authority in charge and relevant entities shall take legal liability for any consequences following the non-coordination or unqualified coordination as prescribed in Clause 1 hereof.
4. The authority in charge and relevant entities shall protect the state’s secrets as prescribed by law, protect information on the dispute settlement process as prescribed in relevant international treaties on dispute settlement.
Thus, the coordination in the settlement of disputes over the application of measures for foreign trade management must be active, consistent, accurate, timely and effective.
The coordination between agencies in settling disputes over the application of measures for foreign trade management must comply with the provisions on dispute settlement under international treaties to which Vietnam is a signatory.
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