Overview of Vietnam - Eurasian Economic Union FTA


Retailers are also required to have certificates for all imported products in their stores, and violations can result in fines of up to $10,000.

It can be seen that certification is a matter of concern when exporting goods to the Russian Federation market. The problems of ambiguity of standards and certification processes, in addition to the high costs of obtaining certification, have caused complaints from exporters to the Russian Federation market and put pressure on the Government. In addition, the Russian Federation Government is also under pressure to unify Russian standards with international standards in order to join the World Trade Organization (WTO).

In addition to these barriers, some export items to the Russian Federation also require other requirements such as food safety certificates for seafood, vegetables, and health certificates for workers for footwear and textiles. However, these requirements are unstable and constantly changing, making it very difficult to export goods to the Russian Federation. Therefore, it is necessary to pay special attention to technical barriers. Enterprises should, through their associations and professional agencies, grasp information about the technical barriers of the market. For the Russian market, although it is not a difficult market, Russia is gradually becoming more competitive due to the many goods from many countries being exported here. In the near future, that competition will itself form technical standards, invisibly creating a "technical price barrier" for goods imported into Russia. We should recognize this trend soon to have a strategy to improve product quality, ensuring a firm foothold in this large market.

2.1.3.3. Participation in and implementation of FTAs


The Russian Federation officially joined the WTO in 2012. As part of its accession to the WTO, the Russian Federation signed the General Agreement on Trade in Services (GATS). Previously, in 2011, eight countries (Russia, Belarus, Ukraine, Moldova, Tajikistan, Armenia, Kazakhstan and Kyrgyzstan) from the Commonwealth of Independent States (CIS) signed and then in the following years ratified the FTA, providing for the free movement of goods within the territories of member states. In 2013,


Uzbekistan joined in by signing a separate agreement with the eight countries. In 2015, the Russian Federation suspended the FTA between the Russian Federation and Ukraine. In response, in 2016, Ukraine abolished trade preferences for goods from the Russian Federation.

On 1 January 2015, the (EAEU) was established, incorporating the regulations previously established in the Customs Union of Russia, Kazakhstan, and Belarus (CU) established in 2010, expanding tariff provisions to include services and establishing unified standards and labelling requirements. The accessions of Armenia and Kyrgyzstan came into force on 2 January 2015 and 12 August 2015, respectively. In October 2016, the Free Trade Agreement between the EAEU and Vietnam came into force. In December 2016, EAEU members agreed to start FTA negotiations with Iran, India, Egypt, and Singapore.

2.2. Overview of Vietnam – Eurasian Economic Union FTA

2.2.1. Background of the birth of the Eurasian Economic Union

After the end of the Cold War and the collapse of the Soviet Union, Russia and the Central Asian republics faced a severe economic crisis and a decline in GDP growth. Soon after, many former Soviet republics maintained close relations with Russia and formed multilateral organizations such as the Eurasian Economic Community, the Union State of Russia and Belarus, the Eurasian Customs Union of Belarus, Kazakhstan, Russia, and the Eurasian Union (replacing the Eurasian Economic Community from January 1, 2015) to strengthen economic and security cooperation, thereby improving the severe decline in the economies of the countries in the region.

In 1999, Belarus, Kazakhstan, Russia, Kyrgyzstan and Tajikistan signed the Agreement on the Customs Union and the Single Economic Space for the purposes and policies that the countries are pursuing to initially form the Eurasian Customs Union and the Single Economic Space.

To further economic integration and cooperation, in 2000, Belarus, Kazakhstan, Russia, Kyrgyzstan and Tajikistan established the Eurasian Economic Community (EurAsEC), Uzbekistan joined in 2006. The goal is to establish a unified common market for all member countries. Eurasian Economic Community


was born based on the model of the European Economic Community with a population of over 171 million (in 2000). This is the foundation to continue completing the integration process towards establishing a unified common market.

On January 1, 2010, the cooperation process between these countries took a further step when the Eurasian Customs Union (EACU) was officially established. The union initially consisted of Belarus, Kazakhstan, and Russia, and later added Armenia and Kyrgyzstan from January 1, 2015.

The Customs Union will initially be established as an organization similar to the European Union. The members will integrate their economies and remove tariff barriers between them after June 2011. On November 19, 2011, the member states set a common mission for economic integration, planning to establish the Eurasian Economic Union by 2015. On January 1, 2012, the three members formed a common economic space to move towards establishing a unified economic union.

The formation of the Union was built on three agreements in 1995, 1999 and 2007. The first agreement in 1995 decided on the establishment of the Union, in 1999 the second agreement was signed outlining the organizational modalities, and finally in 2007 officially announced the establishment of an economic area eliminating tariff barriers and the formation of the Union.

Based on the unification of the two predecessor organizations, the Eurasian Economic Community and the Eurasian Customs Union, an economic union between Armenia, Kazakhstan, Russia, Belarus and Kyrgyzstan was officially established on May 29, 2014, which is the Eurasian Economic Union (EAEU). The signing ceremony of the Treaty on the Eurasian Economic Union was held in Astana, Kazakhstan on May 29, 2014.

2.2.2. Negotiation process of Vietnam – Eurasian Economic Union FTA

In the context that countries and regions around the world are paying special attention to promoting cooperation with countries in the Asia-Pacific region, including Vietnam, the Eurasian Economic Union has also recognized the development potential of the Vietnamese market as well as its natural resources.


natural resources and abundant human resources. On the contrary, the region of the Eurasian Economic Union has always been considered a large and potential market with over 180 million people, rich natural resources, a total GDP of over 2,000 billion USD, and foreign trade turnover of about 1,000 billion USD. Recognizing the development potential of both sides, Vietnam and the Eurasian Economic Union have agreed to negotiate cooperation and promote economic relations between countries in the region. The Vietnam - Eurasian Economic Union FTA is one of the agreements marking the beginning of that process.

Starting the negotiation process between Vietnam and the Eurasian Economic Union today, on March 28, 2013, the FTA between Vietnam and the Russia-Belarus Customs Union

– Kazakhstan (the predecessor of the Eurasian Economic Union) officially started the negotiation process. After a total of 8 official negotiation rounds and many unofficial rounds, on the afternoon of December 14, 2014, the two sides agreed to sign a notice of basic conclusion of the negotiations, continuing to promote the internal exchange and consultation process to quickly complete the remaining technical issues in order to be able to sign the VCUFTA in early 2015. However, during the negotiation process, on May 29, 2014, the three countries Russia – Belarus

– Kazakhstan established the Eurasian Economic Union to replace the previous Customs Union between the three countries and admitted two new members, the Republic of Armenia and the Republic of Kyrgyzstan. After that, the negotiation process for the Agreement between Vietnam and the Eurasian Customs Union (now the Eurasian Economic Union) continued on schedule. On May 29, 2015, the Vietnam – Eurasian Economic Union FTA was approved and officially signed by both sides. After about half a year of active negotiations, under the close direction of the Government and the leaders of the Ministry of Industry and Trade, the Working Group completed the negotiations and the Heads of the negotiating delegations initialed the Protocol on automobiles between Vietnam and Russia on January 15, 2016 in Moscow, Russia and the Protocol on automobiles between Vietnam and Belarus on January 20, 2016 in Minsk, Belarus. Following that, the countries in the Eurasian Economic Union, namely Kazakhstan, Russia, Belarus, and Armenia, signed the decree ratifying the Agreement. Finally, on October 5, 2016, the FTA between Vietnam and the Eurasian Economic Union officially took effect, opening a new stage in trade development, contributing to


create more momentum to increase trade turnover between Vietnam and EAEU countries including: Russia, Armenia, Belarus, Kazakhstan and Kyrgyzstan.

2.2.3. Main content of the Vietnam – Eurasian Economic Union FTA

In general, the Eurasian Economic Union and Vietnam will grant each other market access for goods accounting for about 90% of tariff lines, equivalent to over 90% of bilateral trade turnover. In addition, this FTA also stipulates measures to increase transparency of State management activities in trade, strengthen cooperation between State management agencies of the two sides on customs, quality management, animal and plant quarantine and food hygiene and safety. In addition, the FTA also has a chapter regulating trade in services, investment and movement of natural persons.

Specifically, the Vietnam - Eurasian Economic Union FTA includes 15 main chapters, including:

- Group on goods: Chapters on Trade in goods, Rules of origin, Trade defense, Sanitary and phytosanitary measures (SPS), Technical barriers to trade (TBT), Facilitation and customs.

- Other groups: Chapters on Trade in Services, Investment, Intellectual Property, E-Commerce, Competition, Legal and Institutional. The Chapter on Trade in Services, Investment and Movement of Natural Persons was negotiated bilaterally between Vietnam and the Russian Federation and the commitments reached are only applied bilaterally between the two countries (not applicable to other partners in the Eurasian Economic Union).

- Annexes on market access for Goods, Services, Investment, Rules of Origin with 11,360 tariff lines negotiated.

2.2.4. Commitments of the Eurasian Economic Union in the agreement

2.2.4.1. Tariff commitments


The Eurasian Economic Union's commitment to open the goods market (through tariff elimination) for Vietnam can be divided into the following groups:


- Tariff elimination group immediately after the agreement comes into effect (EIF): Includes 6,718 tariff lines, accounting for about 59% of the tariff schedule.

- The group that eliminates tariffs according to the annual reduction schedule and will eliminate tariffs in the final year of the schedule (2025 at the latest): Includes 2,876 tariff lines, accounting for about 25% of the tariff schedule.

- The group reduces immediately after the FTA takes effect by 25% compared to the current tax and then remains unchanged: Includes 131 tax lines, accounting for about 1% of the tariff schedule.

- Non-commitment group (N/U): Includes 1,453 tariff lines, accounting for 13% of the tariff schedule (this group is understood that the Eurasian Economic Union is not bound to eliminate or reduce tariffs, but can unilaterally eliminate/reduce tariffs if desired).

- Group applying Trigger Measures: Includes 180 tariff lines, accounting for about 1.58% of the tariff schedule. This measure is half like Tariff Quotas (with a quantitative limit), half like Safeguards (with a consultation procedure to assess the possibility of causing damage to the domestic manufacturing industry at the importing place). Applicable products include a number of products in the Textile, Footwear and Wood Products groups specified in the Appendix on products applying Trigger Measures in the Agreement.

Rules for applying Threshold Safeguard measures: For each product, each year a threshold will be applied, and if the volume of imports of that product into the Eurasian Economic Union exceeds the threshold prescribed for that year, the Union will immediately notify Vietnam in writing. If it decides to apply threshold safeguard measures, the Eurasian Economic Union must notify Vietnam at least 20 days from the date of the decision, and the threshold safeguard measures will only take effect at least 30 days after the date of the decision to apply them. If threshold safeguard measures are applied, the products concerned will no longer enjoy preferential tax rates under the Agreement but will be subject to MFN tax during the validity period of the decision to apply threshold safeguard measures.

Duration of application of threshold safeguard measures: Normally, the Decision to apply threshold safeguard measures is effective for 6 months; but if the import volume of the product subject to threshold safeguard measures exceeds 150% of the level


If the threshold is exceeded on the date of commencement of the application of the threshold safeguard measure, the period of application of the measure may be extended by 3 months.

- Tariff Quota Group: includes only 2 products: Rice and Unprocessed Tobacco Leaves.

1.580%

12.790%

1.150%

.020%

Group eliminates tariffs immediately

Tariff elimination group by roadmap


25.320%

Group only reduced by 25% after the Agreement came into effect

Uncommitted Group

59.140%

Threshold defense group

Tariff quota group

Figure 2.7. Commitment to open Eurasian Economic Union goods by tariff lines


Source: Vietnam Chamber of Commerce and Industry, 2016


In addition, considering the export turnover of Vietnam's goods, we have the proportion of groups of goods committed to opening up at each level according to the chart below:

4.200% .600%

.100% 10,500%

.300%


84,300%


Group eliminates tariffs immediately


Tariff elimination group by roadmap

Group only reduced by 25% after the Agreement came into effect

Uncommitted Group


Threshold defense group

Tariff quota group


Figure 2.8. Commitment to open Eurasian Economic Union goods according to Vietnam's export turnover in 2015

Source: Vietnam Chamber of Commerce and Industry, 2016


From Figure 1.2, it can be seen that the group of goods whose tariffs were eliminated immediately after the Agreement came into effect accounted for 84.3% of Vietnam's total export turnover.


The group with no commitment accounts for 10.5%, the group applying threshold safeguard measures is 4.2% of total export turnover. In addition, the total of the remaining three groups is the group eliminating tariffs according to the roadmap, the group reducing only 25% after the Agreement takes effect and the group with tariff quotas accounts for only 1% of Vietnam's total export turnover of goods in 2015.

Table 2.1. Commitments of the Eurasian Economic Union to open up some key products of Vietnam



Product

Proportion

tariff line cut


Rate of tariff lines completely eliminated

Rate of tariff lines eliminated immediately upon entry into force

force


Attention

Textile

82%

42% - 10-year roadmap

36%

There is a mechanism applied.

threshold defense

Shoe

sandal

77%

73% - 5 year roadmap


There is a mechanism applied.

threshold defense

Hand bag

100%

100%

Most of


Water

product

100%

95% - 10 year roadmap

71%


Wood furniture

76%

65% - 10 year roadmap


There is a mechanism applied.

threshold defense

Plastic

100%

97%



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Overview of Vietnam - Eurasian Economic Union FTA

Source: Vietnam Chamber of Commerce and Industry, 2016

2.2.4.2. Commitments on origin


Rules of origin: To enjoy tariff preferences under this Agreement, goods must meet the rules of origin of the Agreement. Specifically, goods will be considered to originate in one Party (Vietnam or the Eurasian Economic Union) if: They are wholly obtained or produced entirely in one Party; or produced entirely in one or both Parties, from raw materials originating from one or both Parties; or produced in one Party, using raw materials not originating within the bloc but meeting the requirements for specific Rules of Origin for each item stipulated in the Agreement. In general, the specific Rules of Origin for each item in the Vietnam - Eurasian Economic Union FTA are simple, usually goods only need to have a value-added content of 100% or more.

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