Hiệp định đối tác kinh tế việt nam nhật bản cơ hội thách thức và giải pháp thúc đẩy quan hệ thương mại giữa hai nước trong bối cảnh mới

BO GIAO DUC VÀ ĐÀO TẠO TRUONG DAI HQC NGOAI THUONG DANH MUC CONG TRINH NGHIEN CUU KHOA HQC CUA NGHIEN CUU SINH DA CONG BO LIEN QUAN DEN LUAN AN TIEN SI KINH TE HIỆP DINH DOI TAC KINH TE VIET NAM NHẬT BẢN: CƠ HỘI, THÁCH THỨC VÀ GIẢI PHÁP THÚC ĐÂY QUAN HỆ THƯƠNG MẠI GIỮA HAI NƯỚC TRONG BÓI CẢNH MỚI Ngành: Kinh tế Quốc tế TƠ BÌNH MINH HÀ NỌI - 2022 DANH MUC CONG TRINH NGHIEN CUU KHOA HQC CUA NGHIEN CUU SINH DA CONG BO LIEN QUAN DEN LUAN AN Tô Binh Minh, Efficient use of free trade agreements (FTAs) in exporting to Japan, Vietnam — Japan International Business Conference 2019, National Economics University Publishing House, 9/2019, ISBN 978 - 604 - 946 806 - (Tac gia) Tơ Bình Minh, Vietnam's export dealing with Non - Tariff Measures in the Japan market, Tạp chi Phát triển Hội nhập (Trường Đại học Kinh tế - Tài Thành phó Hồ Chí Minh - UEF) số 58 tháng & 6/2021, ISSN 1859 - 426 X (Tác giả) Tơ Bình Minh, Quan hệ thương mại Việt Nam - Nhật Bản tới 2025 tầm nhìn tới 2030, Tạp chí Phát triển Hội nhập (Trường Đại học Kinh tế - Tài Thành phó Hồ Chí Minh - UEF) số 62 tháng 01 & 02/2022, ISSN 1859 - 426 X (Tác giả) ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019) SEAIETETIIST PROCEEDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN (ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019) THE RELATIONSHIP BETWEEN CORPORATE SOCIAL RESPONSIBILITIES FINANCIAL PERFORMANCE OF CONSUMER GOODS COMPANIES IN VIETNAM AND 273 MA Le Tra My - Nguyen Thỉ Thu Thao - Nguyen Ha Trang Foreign Trade University, Vietnam COMPLIANCE WITH LABOR DISCIPLINE IN THE ENTERPRISE OF LOCAL LABORERS: FROM PERSPECTIVE OF MANAGER 299 MSc Nguyen Chu Du University of Trade Union, Vietnam CHANGES IN THE JAPANESE HUMAN RESOURCES MANAGEMENT PRACTICES AND LESSONS FOR VIETNAM IN THE GLOBAL CONTEXT 308 MA Nguyen Thi Thu Ngoc Quang Binh University, Vietnam PARALLEL SESSION - CUSTOMER PARTICIPATION INTO PRODUCT AND SERVICE IMPROVEMENT & VIETNAM - JAPAN BUSINESS ENHANCEMENT NEW SUGGESTION TO THE ANALYTICAL PERSPECTIVE ON GLOBALIZATION OF SERVICE INDUSTRY IN THE CONTEXT OF JAPAN'S RECENT INVESTMENT TREND IN VIETNAM: IS 319 THIS POSSIBLE FOR THE THEORITICAL DEVELOPMENT OF GLOBAL SERVICE? Hironobu Kitagawa Chief Representative of JETRO Hanoi ‘THE CONTRIBUTION OF JAPANESE OFFICIAL DEVELOPMENT ASSISTANCE (ODA) TO ECONOMIC GROWTH OF ASEAN COUNTRIES r Nguyen Phue Hien - Pham Thu Thao Foreign Trade University, Vietnam EFFICIENT USE OF FREE TRADE AGREEMENTS (FTAS) IN EXPORTING TO JAPAN MSc To Binh Minh Foreign Trade University, Vietnam INTELLECTUAL PROPERTY MANAGEMENT: CASE STUDIES OF VIETNAMESE AND JAPANESE SMALL AND MEDIUM-SIZED ENTERPRISES (SMES) 336 354 367 Le Thi Thu Ha - Dao Thi Mai quyen Foreign Trade University, Vietnam THE IMPACT OF PERCEIVED CUSTOMER PARTICIPATION OF FRONTLINE STAFF'S ON ‘SERVICE RECOVERY PERFORMANCE IN VIETNAM RETAILING Vo Thi Ngoc Lien University of Finance and Marketing, Ho Chi Minh City, Vietnam Nguyen Hoang Kim Quy University of Milan, Italy 10 410 ETTTYCTEII PROCEFDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN ‘ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019) EFFICIENT USE OF FREE TRADE AGREEMENTS (FTAS) IN EXPORTING TO JAPAN MSc To Binh Minh Foreign Trade University, Vietnam Abstract Viet Nam and Japan have joined a series of trade agreements, especially the CPTPP Agreement, which came into effect from January 14, 2019 Under these trade agreements, the parties agree on preferential tariffs, quotas and fees for goods according to the general roadmap towards reducing and eliminating tariff barriers among participating countries If Viet Nam’s exports goods enjoy preferential tariffs under these trade agreements, it will help Vietnamese enterprises increase their competitiveness and export turnover to the Japan market In order to enjoy tariff preferences under these trade agreements, exported goods must meet a wide range of requirements on importation and comply with certain rules of origin in Japan In particular, rules of origin in trade agreements with Japan are considered the most difficult and strict of the trade agreements that Vietnam is a member of Inrecent years, Vietnamese enterprises have taken advantage of tariff preferences under trade agreements with Japan to boost exports to Japan Besides that, many Vietnamese enterprises still not know how to take advantage of tariff preferences because they not understand or not comply with the required rules of origin or non-tariff barriers In addition, many Vietnamese enterprises take advantage of these tariff preferences to carry out trade frauds that adversely affect Vietnam’s reputation and harm the trade relations between the two countries, The article states the status of using tariff preferences of Vietnamese enterprises when exporting to the Japanese market and analyzing the cause of that status Based on the analytical results, it is proposed to provide solutions for Vietnamese enterprises to effectively use tariff preferences under trade agreements that both sides joined and prevent trade frauds in export to Japan market Since then, Vietnamese enterprises can increase the competitiveness of exports to the Japanese market and promote the Vietnam-Japan trade relations for sustainable development Keywords: Free Trade Agreement (FTA), Viet Nam, Japan, rules of origin, certificate of origin, export, tariff preference 354 PROCEEDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN fms (ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019) The INTRODUCTION In the 46 years of official establishment of diplomatic relations, economic relations between Vietnam and Japan have always developed strongly Japan has become the leading important economic partner of Vietnam and Vietnam has also become an important Comprehensive Economic Partnership Agreement between ASEAN and Japan (AJCEP), signed in April 2008, took effect from December 2008 in all member countries in October 2010 Vietnam-Japan Economic Partnership Agreement (VJEPA) was signed on December partner of Japan in Southeast Asia 25;-2008, effective from October 2009 1n2018, Japan was among the top 10 trading partners of Vietnam with total import and The Comprehensive and Agreement for Trans-Pacific export turnover of 37.9 billion USD, increased by 11.9% compared to 2017 In particular, total export turnover to Japan reached 18.85 billion USD, increased by 11.8% compared to 2017 Export growth rate to Japan increased by 11.8% compared to 2017 The turnover of key export products of Vietnam to Japan increased, including textiles and garments (3.8 billion USD, up 22.6%); means of transport and spare parts (2.48 billion USD, up 14.1%); machinery, equipment, tools and spare parts (1.84 billion USD, up 7.1%); seafood products (1.39 billion USD, up 6.4%), wood and wooden products (1.15 billion USD, up 12.2%) [18] In the first nionths of 2019, exports to Japan reached 9.68 billion USD, up 9.1% compared to the same period in 2017 [27] In addition to GSP (Generalised System of Preferences) for developing countries including Vietnam, there are many tariff preferences from Japan under FTAs signed with Vietnam as follows Progressive Partnership (CPTPP) signed on March 8, 2018, takes effect for Vietnam from January 14, 2019 CPTPP with 11 member countries (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam), accounting for 13.4% of total value of global GDP and covering the market almost 500 million people with a total trade tumover of over 10,000 billion USD, will become the third largest economic community in the world, just after the North American Free ‘Trade Agreement (NAFTA) and the European Union (EU) [29] In 2018, Vietnam’s total exports turnover of goods took advantage of tariff preferences under FTAs reaching 46.2 billion USD, accounting for 39% of total exports to FTAsigned markets, increased by 5% compared to 2017 [1] Particularly for the Japanese market, the utilization rate of FTA preference reached 38%, up 3% compared to 2016 and 2017 [18] In comparison with other markets, the rate 355 |EZZZrrTr† PROCEFDING OF THE TST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN (ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019) of export turnover using preferential C/O to the Japanese market is only at middle level form VI) with the rate of 72%, Chilean market (C/O form VC) is 67% and the Korean market The markets with high utilization rate of (C/O for AK andmVK) is 60% [6] preferential C/O are the Indian market (C/O A (U0í: (606m) tuna spent i (ion uso) 2016 | 2017 | 2018 | 2016 Total Export tumors Rate of utilizationof 2017 | 2018 | 2016 | 2017 | 2018 (lion uso) MŒP (G0fomA) 4.097 WEA 1.065 | 5.834 | 1475 | 14.677 | 16.841 | (00fmV)) Total ‘ 5.162 FIA 563 " pe preferences (%) 23 _ _ 1885 _ 113 30 35 38 Source: Import and export report 2016, 2017, 2018 of Ministry of Industry and Trade [16], [17], [18] Some product groups with good utilization rate under AJCEP and VJEPA in 2018 can be mentioned as vegetables (72%), plastic and Plastic products (90%), footwear (92%) [18] Participation in FTAs in general and FTAs with Japan in particular create significant benefits for Vietnam, especially in exports Under FTAs, the biggest benefit is tax reduction, thereby increasing competitiveness According to the Ministry of Industry and Trade, if the average tax rate among countries is a member of the World Trade Organization (WTO) of 5-25%, the average tax rate in FTA commitments much lower, only from 0-5% [33] 356 is AJCEP alone has brought many export growth opportunities for Vietnam because most of the products with the most tax reduction are also the main export products to the Japanese market As soon as the Agreement comes into effect, 95% of tax lines account for 94.5% of export value of industrial products exported from Vietnam to Japan will be applied by 0% tax rate Japan climinated tariffs on nearly 94% of import value from Vietnam within 10 years There were 3,718 import-export deals through the AJCEP Agreement, with a tumover of 17 billion USD, the highest among the Agreements [18] Under VJEPA, the average tax rate for Vietnamese goods exported to Japan is PROCEEDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN trưn (ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019) reduced to 2.8% in 2018 At least 86% of agricultural - forestry - fishery products and 97% of Vietnamese industrial goods exported to Japan enjoy tax preferences Fishery, agricultural products, textiles, iron and steel, chemicals and electronic liberalizati the strongest comhave pon ent s on commitments [21] With CPTPP, Japan commits to abolish tax immediately for 86% of tariff lines, equivalent to 93.6% of Vietnam’s export turnover to Japan and nearly 90% of tariff lines after years [18] The FTAs also help impfove' the legal environment, administrative procedures in the field of import and export FTA member to origin of goods instead of C/O issuance at C/O issuing organization This mechanism helps exporters save costs, time, and initiative in export activities As of 12/2018, the Ministry of Industry and Trade has received the application for participation in piloting and issuing codes of qualified exporters to participate in pilot self-certification of origin for 10 Vietnamese exporters [ 24] Besides that, domestic Vietnamese enterprises have the opportunity to access high-technology machinery, equipment and high-quality materials from Japan to serve production activities The reduction.of taxes in raw materials and equipment groups will also be an important motivation for Japanese countries must review their entire legal enterprises to expand their investment in investment, intellectual property rights (IPR), established in Vietnam allows the use of intraFTA material chains and the application of the system, first of all in the fields of trade, competition of state-owned enterprises, labor, bidding, e-commerce, environment, dispute resolution, etc Recently, the Ministry of Industry and Trade has also made efforts to simplify administrative procedures in the field of C/O issuance, initially creating positive changes with the C/O issuance via the internet In addition, the pilot implementation of self-certification of goods origin has been gradually implemented by the Ministry of Industry and Trade and attracted the attention of Vietnamese enterprises when allowing exporters to declare themselves and commit Vietnam The fact that FDI enterprises principle of cumulative origin for Vietnamese goods exported to FTA markets will encourage the Investors not only from Japan but from member countries of AJCEP and CPTPP FTAs also set out commitments to protect intellectual property rights and protect investment; including the right to withdraw capital, transfer money, fair compensation when nationalized assets and legal aid These points will also encourage foreign enterprises toincrease investment and technology transfer to Vietnam According to the Ministry of Planning 357 STEIIENEIOT] PROCEEDING OF THE TST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN (ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019) and Investment, by CPTPP Vietnam will gain significant benefits from exports with a total increase of more than 4%, equivalent to As Japan’s ready-to-eat food industry grows, processed shrimp products with high usability will grow well in the Japanese about billion USD The increase in exports market It is expected that in 2019, deep- of exports to countries in CPTPP by 14.3% (assuming progression to 2035), equivalent to 2.61 billion USD, while exports to other countries outside of CPTPP will increase by FTAs with rules of origin will create opportunities for investment in raw materials will be mainly in-group with the growth rate 1.7% (equivalent to 1.4 billion USD) [12] According to WTO research, developing countries will increase the number of new export products by 20%, less developed countries will increase by 36% [10] However, if the Vietnamese enterprises and relative ministries not catch up in time to best implement FTA, it will be difficult to create sustainable competitiveness for Vietnamese goods Particularly with Japan, the main market of Vietnam’s footwear and bags export industry, can grow at an average of 20-35% per year processed shrimp products circulated into Japan will grow more than 10% compared to 2018 [40] attraction an ng ti creating or ppes, orsuindustri for investors to enter this filed Vietnamese enterprises will have the opportunity to import technology with cheaper price from their Japanese counterparts, and also have the opportunity to participate in the supply chain, not only export to Japan but also to a third country, if participate in this supply chain well Particularly involved in high- tech products plus better mastery of high-end input materials, these are benefits beyond market expansion benefits from FTAs Vietnamese enterprises can engage more deeply in regional and global production and [27] If Vietnamese enterprises know how to supply chains make full use of the provisions from CPTPP, this growth will be higher than the current Besides the benefits for Vietnam mentioned above, the implementation of FTAs still has In CPTPP, fishery products (except canned tuna and fish balls) of Vietnamese origin will be removed from the import tax right after the Agreement comes into effect or after years [26] Therefore, Vietnam’s fishery export will reach a fairly good market access to this region 358 certain difficulties for Vietnamese enterprises In fact, the legal system and state management capacity in some areas directly related to international integration in general and participation in FTAs in particular are still inadequate Infrastructure is still weak, especially infrastructure for economic PROCEEDING OF THE 1ST INTERNATIONAL BUSINESS CONFERENCE BETWEEN VIETNAM AND JAPAN Esto) (ON ENHANCING BUSINESS DEVELOPMENT BETWEEN VIETNAM AND JAPAN (VJIBC 2019) development and import and export The quality ofhumanresources (especially experts) is still limited, both in negotiating and signing FTAs and implementing commitments The coordination between ministries, branches and central and local authorities is not really effective, which leads to embarrassment when making policies and dealing with issues One reason Vietnamese enterprises may not take advantage of FTAs preferences may be due to the correlation between costs and benefits The customs office in the importing country applies only the preferential tax save tax, they may also not require exporters to provide preferential C/O to avoid some troubles associated with their use At the time of opening of the declaration or within a few years after the shipment is cleared (for example, after-clearance inspection), the customs office may check the records of the C/O reviewing or giving whether or not to enjoy a low or zero tax rate is guaranteed to meet and comply with the principles of the FTA Customs officers can detect errors on C/O, from minor errors such as misspellings to serious errors such as false declarations of rate if the goods accompanying a Certificate origin may slow the process of receiving tax the importers to lose their right to preferential of Origin (C/O) indicate the country of product origin C/O now acts as a “passport” for goods In order to obtain this C/O, exporters must ensure that their goods comply with complex rules of origin, be prepared and keep relevant documents and submit an application for C/O to C/O issuing organization in exporting country Basically, exporters have to all formalities to get preferential C/O but the beneficiaries of the savings from import tax are importers Thus, if there is not long-term relationship between the exporter and the importer, the size of the order is small, it is likely that it will not be convincing enough for the exporter to bear the cost to perform incentives of businesses, or worse, may cause treatment, tax collections, and penalties and additional sanctions Another difficulty is the complexity and strictness of a large number of rules in FTAs that Vietnamese enterprises must comply with According On the importers’ side, although they an analysis of the International Trade Center (ITC), rules of origin are difficult to comply with because of following reasons: + Not standardized: rules of origin can be a few lines to hundreds of pages long (eg., agreements involving Pacific Rim countries) * Noteasy to find: rules of origin can be ina provision, a chapter in the text, a separate complex C/O applications even if what they receive is exporting the shipment to 359