Thị trường hàng hóa
Both acknowledged the efforts made by their respective monitoring agencies and enterprises in taking advantage of the trade deal’s many opportunities.
One of the most significant chapters of this new-generation agreement concerns the importance of fair competition policy to ensure a more efficient allocation of scarce public or private resources. Rules on competition are not about increasing market access per se, but rather about ensuring appropriate conditions which will enable market access to become effective and translate into real business opportunities.
European officials have made clear that anticompetitive behavior and certain subsidies are not the traditional tariff barriers to trade but can be important behind-the-border barriers. The EU is particularly interested in ensuring a level playing field for European and Vietnamese companies and avoiding trade benefits stemming from the FTA being neutralized by anti-competitive practices. When properly designed, competition related issues are inherently pro-development, since it is developing countries whose companies and consumers are the most vulnerable victims of anti-competitive practices. Moreover, it will be easier for Vietnam to attract foreign companies if these can be reassured that basic competition laws will be respected.
The EU and Vietnam have agreed to a section on antitrust and mergers (anticompetitive conducts), including the obligation to maintain competition laws and relevant authorities and to apply the laws in a transparent and non-discriminatory manner. This means that companies operating in Vietnam should respect the same basic competition principles as in Europe, i.e., no abuse of a dominant position and no agreements between enterprises that restrict competition and scrutiny of the competitive effects of a merger.
Subsidy rules
At the same time, companies are assured that their rights in the competition procedures will be respected (procedural fairness) and that they can turn to the Vietnamese competition authorities to ask them to ensure an efficient competitive environment. Companies can receive subsidies for well-defined public policy objectives, such as research and development, training and regional development. However, the FTA acknowledges that certain kinds of subsidies can hinder competition and trade. Therefore, rules limit the potential negative effects of the subsidies. These cover transparency, consultations and some of the most distortive types of subsidies, which are made subject to specific conditions.
The EVFTA sets an illustrative list of such public objectives, including practices involving a direct transfer of funds, potential direct transfer of funds or liabilities; revenue that is otherwise due is foregone or not collected; providing goods or services other than general infrastructure, or purchase goods; making payments to funding mechanism, or entrusting or directing a private body to carry out one or more type of functions regulated; and any form of income or price support in the sense of exemption of non-discrimination principle in Article XVI of the 1994 General Agreement on Tariffs and Trade (GATT 1994).
Vietnam has agreed to notify not only of subsidies to goods but also subsidies to services. This goes well beyond the existing World Trade Organization (WTO) rules. As a result, at least every four years both sides will notify or make public the subsidies granted to companies in selected services sectors, which are important from market access point of view such as telecommunications, banking, transport and energy.
If a party considers that specific subsides granted by the other negatively affect trade or investment, it may express its concern in written form to the other and request consultations on the matter. The requested party shall provide information or conduct to eliminate or minimize these negatively affect caused by subsidies.
Tag
BÀI VIẾT LIÊN QUAN
Đọc thêm
Business Networking
Mạng lưới kết nối của Trí Tuệ Mới
