In international trade in general and in the trade policies of countries in particular, the issues of trade liberalization and trade protection always go hand in hand. One of the measures to manage imports is to use a system of policies in the form of technical barriers. However, developing and applying these measures to ensure the legitimate goals set without hindering trade liberalization is very difficult. Vietnam is a member of the WTO, so it is responsible for implementing all commitments to the WTO, including commitments on TBT.
TBT Agreement
TBT is the English acronym for “Technical Barriers to Trade”, meaning technical barriers in trade. The TBT Agreement is one of the agreements regulating trade in goods with the goal of ensuring that technical regulations, standards and conformity assessment procedures are non-discriminatory and do not create unnecessary barriers. necessary for trade by the World Trade Organization (WTO). At the same time, the Agreement recognizes the right of WTO Members to adopt measures to pursue their legitimate policy objectives. The TBT Agreement encourages member countries to use international standards as a basis for technical regulation measures and conformity assessment procedures to facilitate trade. Through transparency provisions, the Agreement is also built with the purpose of creating a predictable trade environment.
This Agreement includes 15 Articles and 3 Appendices governing issues related to the development, promulgation, and application of standards, technical regulations and conformity assessment procedures at the level of central and central government agencies. localities of member states; commit to issues of technical assistance mechanisms, special and differential treatment, provision of information, consultation and dispute resolution, TBT Committee… The Annexes of the Agreement provide for definitions, Technical expert group, Regulations on good practice on developing, promulgating and applying standards.
When promulgating technical regulations for goods, each WTO member country must ensure that the application of these regulations:
- Avoid unnecessary interference with international trade (if other, less trade-restrictive measures are available). Accordingly, first of all, technical regulations, standards or procedures for assessing the conformity and conformity of goods.
- Principle of non-discrimination: Non-discrimination (expressed through two principles: the principle of most-favored nation treatment and the principle of national treatment). Like other agreements, it is stipulated that “with respect to technical regulations, products imported from the territory of any Member shall be treated no less favorably than that accorded to like products of host country and like products of any third country”. The most-favoured-nation treatment and national treatment principles apply to standards, technical regulations and conformity assessment procedures.
- Harmonization: Member countries must ensure the strengthening of the adoption of common standards on the same subject, where previously each country had a number of its own requirements. This principle also mentions the issue of special and different treatment for developing members, that is: member countries protect the interests of developing countries; There is flexibility in promulgating and applying technical standard regulations and conformity assessment procedures.
- Principle of equality: Encourage member countries to cooperate to recognize each other’s regulations, technical standards and conformity assessment procedures.
- Principle of mutual recognition: Member countries are encouraged to sign mutual recognition agreements for conformity assessment results: testing results, certification, calibration, and product quality inspection. chemistry.
- Principle of transparency: This principle is expressed in the provisions on collecting comments on draft technical regulations and their effective time.
These are important tools that businesses can use to initially identify whether a technical measure is WTO-compliant or not so that they can take reasonable complaints and lawsuits to protect legitimate interests. yours. According to the principle of non-discrimination stipulated in the TBT Agreement, the importing country has the obligation: Not to prescribe different technical measures for similar goods coming from different member countries of the WTO (principle most favored nation rule); Do not stipulate technical measures for foreign goods that are higher than those applied to similar domestic goods (principle of national treatment). Thus, basically, a country is not allowed to regulate different technical measures for similar goods. This means that Vietnamese goods when exported to a WTO member country will only have to comply with technical measures applicable to similar goods domestically in that country and similar goods imported from all other countries. other source. In contrast, Vietnam is also not allowed to promulgate and apply technical measures for imported goods at a level higher or lower than the level applied to domestic goods.
Regarding requirements for product characteristics, production processes, and packaging, in addition to “technical measures” (TBT), countries also apply “sanitary and phytosanitary measures” (SPS). ). In fact, there are many similarities between these two types of measures. However, the WTO has separate regulations for each type of measure, concentrated in two different Agreements (with different principles). The criterion to distinguish these two types of measures is their application goals:
- SPS measures aim specifically at protecting a member’s territory, human, animal and plant health through ensuring food hygiene and preventing pests and diseases;
- TBT measures target many different policy goals (national security, environment, fair competition…).
Distinguishing when a requirement is a technical measure or a sanitary or epidemiological measure is very important for businesses because each type of measure will be governed by different WTO principles and regulations; On that basis, businesses know which methods are appropriate to protect their interests.
Examples of pesticide regulations: Regulations on the amount of pesticides in food or animal feed to protect human or animal health: SPS measures; Regulations related to product quality, performance or health risks that may occur to users: TBT measures.
Some basic contents of Vietnamese law on Technical Barriers to Trade
In Vietnam today, technical barriers are expressed in the form of: regulations on standards, regulations on technical regulations and conformity assessment procedures and a number of legal documents with elements other techniques. Vietnamese legal documents related to technical barriers in trade include: Law on Standards and Technical Regulations 2006, Law on Quality of Products and Goods 2007, Law on Measurement, legal documents The law guiding the above document and other legal documents (Decisions and Directives of the Prime Minister on the list of products and goods subject to quality inspection or management, on units of measurement and measurement standards) measure,…).
“Standards are regulations on technical characteristics and management requirements used as standards to classify and evaluate products, goods, services, processes, environment and other subjects in economic activities – society to improve the quality and efficiency of these subjects. Standards published by an organization in written form for voluntary application. Principles of applying standards: voluntary principles. Vietnam’s standards system includes: National standards (TCVN) are developed by Ministers, Heads of ministerial-level agencies, Heads of Government agencies, appraised and published by the Ministry of Science and Technology. announced according to the prescribed order and procedures; Basic standards (TCCS) are published by economic organizations, socio-professional organizations, state agencies, public service units and other agencies and organizations for application in the organization’s activities. there.
The Vietnamese standards system has made an important contribution to serving the needs of production, business, and socio-economic management. Basically, the Vietnamese standards system has been built and developed closely for necessary subjects, with timely additions of standards for subjects according to urgent management requirements. Timely reviewed to remove from the system Vietnamese standards that are too outdated or no longer necessary or belong to subjects that can be managed in the form of other documents, or at another level.
Technical regulations are regulations on the limits of technical characteristics and management requirements that products, goods, services, processes, the environment and other subjects in socio-economic activities must have. compliance to ensure safety, hygiene, and human health; protect animals, plants, and the environment; protect national interests and security, consumer rights and other essential requirements. Technical regulations are issued by competent state agencies in written form for mandatory application. TCVN will be used to the maximum as a technical basis for the development of technical regulations.
Vietnam’s regulatory system includes: National technical regulations (issued by Ministers and Heads of ministerial-level agencies for mandatory application nationwide for subjects within the industry, fields assigned to be managed by the Government); Local technical regulations (issued by the Presidents of the People’s Committees of provinces and centrally-run cities for mandatory application within the scope of local management for products, goods, services, specific processes and specific local environmental requirements). Local technical regulations must not conflict with national technical regulations. The development and promulgation of national standards must go through a strict process and procedures and be consistent with the principles and regulations of the TBT agreement.
According to the provisions of Vietnam’s Law on Standards and Technical Regulations in 2006, “Conformity assessment is the determination of the object of activities in the field of standards and the object of activities in the field of technical regulations.” in accordance with the technical characteristics and management requirements specified in the corresponding standards and corresponding technical regulations. A conformity assessment procedure is any procedure used directly or indirectly to determine whether relevant requirements in technical regulations or standards are satisfied. In addition, conformity assessment procedures also include: Sampling, testing and inspection procedures; Evaluate, verify and ensure conformity; Registration, recognition and acceptance and combinations thereof. In order for these procedures not to become barriers to trade, the following requirements must be complied with: public and transparent information; information and data security of the organization being assessed for conformity; non-discrimination; The order and procedures for conformity assessment must be in harmony with the regulations of relevant international organizations. Conformity assessment activities are an important technical infrastructure for technical standards regulations.
Conclude
Vietnam needs to regularly review and develop a system of national standards, technical regulations and assessment procedures for conformity and harmony with international standards and meet the requirements of the TBT Agreement. In addition, handling issues of technical barriers in trade in Vietnam also requires relevant agencies and departments to have high responsibility, qualifications, expertise, and working style. Professional, good foreign language skills.
Ngoc Hoa – VPTBT
