EFFECTS OF GREEN BARRIERS ON EXPORTING AGRICULTURE PRODUCTS AND SEAFOOD FROM VIETNAM TO THE US MARKET

MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY -***   DISSERTATION EFFECTS OF GREEN BARRIERS ON EXPORTING AGRICULTURE PRODUCTS AND SEAFOOD FROM VIETNAM TO THE US MARKET Major: Master Programme of International Trade Policy and Law   Nguyen Thi Bich  Ha Noi-2017 MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY -***   DISSERTATION Effects of green barriers on exporting agriculture products and seafood from vietnam to the us market     Major: Master Programme of International Trade Policy and Law Full Name: Nguyen Thi Bich SUPERVISOR: Dr Dinh Thi Thanh Binh Ha Noi - 2017 ABSTRACT I declare that this dissertation is my own work Wheeferences Ha Noi, December 4th 2016 Nguyễn Thi Bich ABSTRACT I declare that this dissertation is my own work Where material is obtained from published or unpublished works, this has been fully acknowledged by citation in the main text and inclusion in the list of references ACKNOWLEDGEMENT During the essay time, I have received many supports from my lecturers, family and all of my friends in terms of the knowledge, experience and the moral supports I would like to thank all teachers in Postgraduate Faculty especially Dr Dinh Thi Thanh Binh sincerely and gratefully for her guidance and advice during the dissertation time It can be sure that this study cannot be done without her help I also want to send thankfulness to my family and my friends, my colleges who always besides to support and give me the inspiration for studying, encourage me in the process of doing this thesis Since my knowledge, practical experience during my work time and research is limited, so my essay contains inevitably flaws, I would like to receive the sympathy and comments from the teachers, colleagues and readers to help me to complete my essay better Ha Noi, December 4th 2016 Nguyễn Thi Bich TABLE OF CONTENT ABSTRACT  ACKNOWLEDGEMENT  LIST OF TABLES, CHARTS AND MAP  LIST OF ABBRIVIATIONS  INTRODUCTION 1  CHAPTER 1: THEORITICAL AND PRACTICAL BACKGROUND OF GREEN TRADE BARRIERS 6  1.1 Overview about Green Trade Barriers 6  1.1.1 Definitionof Green Trade Barrier 6  1.1.2 Type of Green Trade Barriers 11  1.1.3 Functions and influences of Green Barriers on trade 13  1.1.3.1 Functions of Green Trade Barrier 13  1.1.3.2 Influences of Green Trade Barriers on trade 14  1.2 Green trade barriers in the US 15  1.2.1 The US environmental relateted technical regulations 15  1.2.2 Qualifications for imported products 16  1.2.2 Some notices on importing goods of the US .22  1.3 Experiences to improve exported products of some countries 23  1.3.1 China’s experiences .23  1.3.2 The US’s experiences 24  CHAPTER 2: EFFECTS OF GREEN TRADE BARRIERS IN EXPORTING AGRICULTURE PRODUCTS AND SEAFOOD FROM VIETNAM INTO THE US MARKET 26  2.1 Exporting agriculture products and seafood from Vietnam into the US market .26  2.1.1 Introduction about the US market 26  2.1.2 The trade relationship between Vietnam and the US 27  2.1.3 Overview of agriculture products exporting of Vietnam into the US market 30  2.1.3.1 Exporting agriculture products of Vietnam in general 30  2.1.3.2 Exporting agriculture products of Vietnam into the US market 34  2.1.4 Overview of seafood exporting of Vietnam into the US market 37  2.1.4.1 Exporting seafood of Vietnam in general .37  2.1.4.2 Exporting seafood of Vietnam into the US market .39  2.1.5 Analysis advantages and disadvantages of Vietnam’s agriculture and seafood production that can affect the export of Vietnam to the US market.46  2.1.5.1 Achievements 46  2.1.5.2 SWOT analysis 48  2.2 Effects of US green trade barriers in exporting agriculture products and seafood from Vietnam into the US market .55  2.2.1 Effects of US green trade barriers on agriculture products 56  2.2.2.  Effects of US green trade barriers on seafood 59  2.2.3 Cases involed in Green trade barriers between Vietnam and the US 66  2.2.3.1 In Agriculture Products 66  2.2.3.2 In Seafood (catfish) .67  CHAPTER 3: SUGGESTED COUNTERMEASURES TO IMPROVE VIETNAM’S EXPORT INTO THE US MARKET 69  3.1 Current regulations on Agriculture products and Seafood of Vietnam 69  3.1.1 For Domestic production .69  3.1.2 For Imported products 72  3.2 Potential of Vietnam in exporting agricultural products and seafood into the US market 73  3.3 Suggested solutions to improve Vietnam’s export capacity 74  3.3.1 From the Vietnam’s authorities 74  3.3.1.1 Ministry of Agriculture and Rural Development 74  3.3.1.2 Ministry of Industry and Trade .77  3.3.1.3 Ministry of Science and Technology 79  3.3.2 From Business Associations 80  3.3.3 From Individuals 83  CONCLUSION 84  REFERENCES 85  LIST OF TABLES, CHARTS AND MAP Table 1: Some Green Trade Barriers were used by the US Table 2: Banned substances in growing and producing Table 3: Approved drugs in growing and producing Table 4: Export – Import situation between Vietnam and the US from 2006 to months of 2016 Table 5: 10 Key exported Products of Vietnam Table 6: Some main markets of Vietnam’s agriculture products Table 7: Some key agriculture products of Vietnam exported into the US market Table 8: Importing seafood of the US from Jan to May of 2016 Table 9: Value of exported Catfish by market Table 10: The most Shrimp suppliers for US market, Jan-May/2016 Table 11: The biggest importer of canned tuna of VN in 2015 and 2016 Table 12: Catagories of Vietnam’s population in age Table 13: Number of enterprises exporting rice and containers be returned Table 14: The number of Vietnam’s shrimp and seafood shipments was returned by US and reasons Table 15 45 Vietnamese companies having right to process seafood and export into US market Chart 1: Trade turnover Vietnam- US in period 1994 – 2015 Chart 2: Vietnam’s exported products into the US market in 2015 Chart 3: Chart 4: Chart 5: Chart 6: Export – Import turnover of Vietnam into the US market from 2006 to months of 2016 Value of exporting agriculture products from 2010 to 2015 Export turnover of Coffee, Rice and Rubber from 2009 to 2016 of Vietnam Value of Vietnam’s agriculture products exported into the US market from 2010 to 2015 Chart 7: Exporting seafood of Vietnam from 2000 to 2015 Chart 8: Importing Pangasius and Catfish from Vietnam of US Chart 9: Importing Catfish of US in months of 2016 Chart 10: Importing Frosen Pangasius from Vietnam Chart 11: Vietnam tuna exports in 2015-2016 Chart 12: Chart 13: Value of exporting agriculture products of Vietnam into the US from 2003 to 2005 Value of pangasius exported from Vietnam into the US from 2013 to 2015 Map : Trade Barrier System Map : Cooperating among Ministries 74 coffee and rattan, bamboo, sedge mats It is also the largest market for rubber, tea and horticulture Vietnam So, Vietnam is going to explore this potential market - In the future, if the Trans-Pacific Partnership Agreement (TPP) will get consensus of member countries especially from US and Japan, agricultural products in Vietnam can get advantages in exporting to US market for tariff rate…To be detail, import duties on agriculture items such as beef, dairy and processed foods will be 0% immediately, or IN schedule with a maximum term of 11 years instead of 20% -55% today Especially, for fisheries, the US is one of the country's leading seafood importers of Vietnam, this market will become more attractive when import tax reduce to 0% 3.3 Suggested solutions to improve Vietnam’s export capacity Nowadays, green trade barriers have become an important instrument for countries to not only manage importing activities, protect domestic economy but also raise awareness of environment protection and human’s health Moreover, international trade has increasingly been complicated, there have been more and more countries, goods get involved in trade relations Either developing or developed country has its own standards in regulating particular imported products In general, the numbers of type of green trade barriers in international trade are numerous Therefore, when taking part in international trade, Vietnam sets relations with developed and developing countries, it means that, Vietnam’s products have to meet fully also requirements in order to get importing licenses from these countries To that, each organization, each enterprise, individual need to take their own responsibility to change quality, image, quantity and reputation of Vietnam’s products 3.3.1 From the Vietnam’s authorities 3.3.1.1 Ministry of Agriculture and Rural Development The Ministry of Agriculture and Rural Development (MARD) is a governmental agency which is responsible for rural development and govern and 75 promote the development of the agriculture industry in Vietnam With the functions and responsibilities, MARD can perform some suggestions as followed: - Proposing to the Government to release policies giving favorable conditions for agriculture activities: Ministry of Agriculture and Rural Development of Vietnam is an organization playing very important role in setting out policies which decide the development of agriculture sector A lot of Decisions, Circulars, plans come into force based on proposal of Ministry of Agriculture and Rural Development like Decision No.176/QD-TTg on the overall scheme of high-tech application development in agriculture from now to 2020 which focus on the agricultural enterprises applying high technology plan to the Government that seeks to develop a Vietnamese rice brand name by 2020; plan to set up high-tech agricultural zones and areas around the country that aims to have 10 such zones by 2020 Beside, after these laws go into reality, they may contain unsuitable points when implementing to the enterprises and state offices For example, Decree 36, effective since June 20, 2014, under the decree all areas rearing pangasues nationwide must get VietGap standards by the end of 2015 and other international certificates However, in November of 2015, only half of the total areas rearing pangasues had received a VietGap certificate If referring to the Decree, a half of areas rearing can’t receive VietGap certificate so can’t satisfy requirement of the Government Therefore, the Ministry need to follow current activities in areas rearing, focus on the difficulties enterprises face when implementing the decree to propose timely suitable recommendations to adjust decree in order for create the best conditions for farmers to perform the Decree In this case, the ministry asked the government to extend the deadline for pangasues farms to obtain VietGap and international certificates until December 31, 2016, instead of the end of 2015 - Focusing on difficulties of enterprises and finding out way to solve these troubles: In agriculture industry, high – tech equipments have been using more and more in almost countries having the same development conditions to Vietnam In Vietnam, according to Vietnam Institute of Agricultural Engineering and Postharvest Technology (VIAEP), the sector of agricultural engineering and post- 76 harvest technology has contributed about 12% - 15% to the value-added chain of agriculture production and rural economy Meanwhile, investment in post-harvest technology and engineering is still low, representing only about 12 billion per year; ten times lower than other countries in the region In general, the state's policy is not strong enough to create the intensive agriculture engineering factories The reason for this problem is that, Vietnam enterprises have no opportunities to access to loans which are spent on purchasing high-tech So, MARD can proposal government to create great and long-term capital for high-tech investment in livestock to support in construction development and environmental treatment systems - Cooperating with relating Ministries (Ministry of Industry and Trade or Ministry of Science and Technology) to encourage enterprises and famers to develop Agriculture sector: In Vietnam, each Ministry takes its own role in growth of national economy However, to have a full and stable development, it is required co-operation and linkage among them For example, Vietnam needs science and technologies for agriculture and rural areas Ministry of Science and Technology will take research or learn from countries having develop agriculture to create appropriate modern machines to Vietnam situation, after that, business representatives need capital to buy and apply these equipments It is high time for MARD to give supports through favorable credit program to help enterprises to have opportunities to receive low-interest rate and long time loans Besides, in Vietnam, the form of new high-tech agricultural production is seen as an experimental and inappropriate model without market oriented strategies Therefore, the MARD recommend government to launch appropriate preferential policies on land, loans, risk insurance, and resources training for businesses At the end of process when products are finished, Ministry of Industry and Trade works with foreign countries to help Vietnam’s goods to come into their markets 77 Ministtry of Sciience andd Technoology High ttechnoloogies Modeern machhines Minnistry of Agricultu A ure and Rural R Developmeent C Capital P Policies Minnistry of Industry and Tradde Tradde contracts M Markets Map 2: Cooperatiing amongg Ministriees Sourcee: Self – stuudying Besidees, recentlyy, business developm ment for agrriculture gooods still have h muchh diifficulty duue to limitts in inform mation excchange at certain c maarkets, bein ng slow inn uppdating neews, receivving and processing g informattion about new regu ulations inn fooreign marrket trades are still weak w MARD and Ministry M off Trade and Industryy neeed to studdy, train offficers, sendd specialistts overseass to learn m more experiience - In adddition to this, t MAR RD needs to t delegatee groups too study new w law andd poolicies of US U agricultture, for exxample new w FSMA, issues i relatting to Lacey law billl (inn importinng wood); issues i regaarding adm ministrative check witth Vietnam mese prawnn annd fish expported to US U After that, introd duce to ennterprises tto update and a follow w thhese new laaws 3.1.2 Minnistry of Inddustry andd Trade The Ministry M of Industry annd Trade (MOIT) ( is governmenntal agency y which iss reesponsible for the addvancemennt, promotion, governnance, reguulation, maanagementt annd growth of industryy and tradee MOIT haas task to submit s to thhe Govern nment draftt laaws, ordinaances, resoolutions, decrees, d mechanisms m s, policies, projects, and otherr leegal docum ments on branches b a domain and ns under state s manaagement assigned too 78 Ministry by the Government, Prime Minister; approve strategies, plans and programs on development of branches; promulgate or submit for promulgating by competent authorities legal documents on food safety, consumer-goods industry, food industry and other processing industries, in accordance to the Law; implement and inspect the implementation of strategies, plans, and policies on development of consumer-goods, food-industry, and other processing industries within scope of Ministry’s management; manage, inspect, and execute technical safety and environmental protection works in accordance with Laws… The same as MARD, in accordance with its management area, MOIT will: - Proposing to the Government to release policies giving favorable conditions for agriculture activities (like MARD was mentioned above) - Updating news relating to international trade law with other countries and announcing for public, training new trade law for enterprises and related organizations: To restrict imports, protect domestic economy; protect environmental and human’s health, each countries create trade barriers frequently especially in developed countries like US; EU; Japan If exporting countries can’t know and satisfy these barriers, it will be hard for them to enter these markets Moreover, when a shipment is returned back, exporter loses its reputation and find extremely hard to come back this market Therefore, MOIT need to help companies get information immediately about new barriers in international trade, especially in countries having trade relationship with Vietnam, In addition to this, for many people, understanding new trade law is quite difficult, so, after collecting information, the authority should organize training class to introduce, guide people to overcome these obstacles - Discussing with trade partners to get more promotion and advantages for Vietnam trade: everything can be built based on cooperation, so, to get promotions and favorable conditions in trade, Vietnam’s authorities are require to meet, discus with partners to reach the best things for Vietnam - The Ministry of Industry and Trade’s Market Control Department has collaborated with animal health authorities, the customs and the border guard to 79 discover and handle the illegal import, transportation and sale of cattle, poultry and related products across the border, helping prevent the inflow of unsafe food into the domestic market It has also kept a close eye on the storage, transportation, trading and production of fresh food and live livestock 3.3.1.3 Ministry of Science and Technology The Ministry of Science and Technology is a governmental agencies which performs functions development of Science and Technology potentials; intellectual property; standards, metrology and quality control; atomic energy, radiation and nuclear safety; and State management on public services in fields under the Ministry’s management as stipulated by law…It has functions are: Formulation and implementation of policies, plans and programmers pertaining to science and technology; Study, research, survey, training and national as well as international seminars and conferences on science and technology; Exploration and research of the progress made in the field of science; Exploration and analysis of the achievement made in the field of technology; Collection and survey of data on more advanced technology…For these tasks and functions, the Ministry of Science and Technology can do: - Making researches to find out effective seeds, feeds and diseases: In agriculture, seeds, feeds and diseases are three most important factors especially seeds Effective seeds can create high productivity with good quality For example, in recent time, farmers have begin to make new rice seeds with less pesticides, less fertilizers or new fruit seeds which can bring high yields, beautiful shapes, satisfy customers’ hobbies Tran Duy Quy from the department said “Rice seed selection technology has significantly increased rice capacity from three tons per hectare in 1986 to 5.77 tons in 2015.” And, during the crop, existence of diseases is not inevitable things Diseases not only harm crops and force farmers to use kinds of pesticides Sometimes, farmers and producers might not pay notice on this issue, however, with a higher allowed level of pesticides in goods, shipments to foreign can be returned Therefore, inventing new strong seeds, diseases and ways to limit diseases is a key for successful cultivation 80 - Inventing modern technologies to apply in cultivation and fishery: With the booming of technology, modern machines have been used in almost corners of life and fields Before, we only saw machines in industrial sectors and we were familiar to images of many people in farms Nowadays, high tech, effective machines have replaced labor, a machine can work of a group of people and products are standard Technologies are vital for boosting agriculture, inventing and applying new technologies has become an urgent task for Vietnam However, using machines in agriculture sector is limit and face difficulties due to tough geography, shortage of loans, poor machines due to agriculture products quality is low competitiveness “Vietnam only has 38 – 61 per cent of the modern technologies required to create new seeds.” - Tran Duy Quy- Ministry of Science and Technology; “Most postharvest technologies are backward and production of rice by-products is low”- Dao The Anh, deputy head of the Field Crops Research Institute For these reasons, it pushes authorities should take care to difficulties of farmers, producers to make suitable policies, have mechanism for enterprises and famers to use high-tech machines As Tran Duy Quy suggested instituting a national program to develop quality rice seeds by 2035 “The Government should offer incentives to attract private enterprises into research, strengthen copyright protection, set up exhibition areas in various places and assist enterprises with human resource training and international cooperation.”;“Technologies required for the whole rice production process, from cultivation and harvesting to preservation, must be boosted to meet the development needs.” – VNS 3.3.2 From Business Associations A long with policy and efforts of authorities in changing quality, image and reputation of Vietnam’s agriculture products and seafood, enterprises and individual need a recognize role of themselves in this progress and actively change by: - Investing in technological innovation: Innovation productive technologies are one of the most important measures to enhance the competitiveness of Vietnam’s export goods today On the one hand reduce production costs, improve 81 quality on the other hand meet the standards of importing countries on the packaging, hygiene and processing - Developing business strategies taking into account the long-term impact of the standard regulations and environmental regulations of the product: First of all, Vietnamese businesses must be aware of the opportunities and challenges of the integration process , especially competition increasingly fierce when country is open trade, primarily for the implementation of AFTA and trade Agreement with the United States, which has the pressure to comply with regulations and environmental standards of products Second, to overcome trade barriers and international environment, businesses need to have the product strategy, effective exploitation of national comparative advantage in selected business products, focused on stage of research and development of new products, modernization of product design, selection of quality management systems in the world advanced matching enterprises to improve product quality - Applying of quality management system according to ISO 9000, ISO 14000, HACCP : For Vietnamese enterprises, especially exporters of sensitive items on the environment, the application of standards is compulsory, directly affects the efficiency of their business Therefore, the only way is gradually meet the standard requirements of the importing countries The fall in export turnover of Vietnam in 2001 and the first months of 2002 showed that in addition to limiting of export structure, the cause of this situation was due to many Vietnam’s products did not meet standard requirements of importing countries such as vegetables, aquatic products, tea, meat - Training of human resources: application of regulations and national standards for environment related products, businesses need to have human resource training plans and Learning the rules and environmental standards as well as application these regulations must to be considered as regular activity of the enterprise especially for businesses facing environmental issues in their product - Strengthen information activity: One of the main problems that the businesses of the developing countries encountered in promoting exports was the 82 lack of information on standards and health measures or inspection applied to their products in key markets Difficulties of Vietnam's current business are limit in access to market information sources and products In addition to the supportive information of the relevant authorities, businesses need to be active in accessing information sources through the mass media, international media systems, national organizations and international trading partners They should be more understanding of each other, of law, people, culture, and activities of importers and competitors who want to access the same market Companies should learn and change technologies to meet US quality requirement and continue to increase effectiveness in developing business - Keeping honesty in trade: Recently, one bad issue to some fish processing companies is that they used chemicals to keep water inside fish and thus keep the fish weigh For example, a file piece looks very big when immerging in water, but after defrosting, it is much smaller This is a bad point for our prestige However, the market is increasingly tough, importers strengthen to check imported goods into their countries, if they find any Vietnam’s cargo lack of food safety standard, the upcoming cargoes of such companies will go through more strict control or be refused to import to the country So, to protect Vietnam’s reputation to foreign markets, export enterprises are required to be wise, honest and have a long term strategy - Accessing to other markets: The US market is too difficult and a high demand for food safety and quality it is difficult for Vietnamese’s products to enter this market So, it is wise to exporters to access to other markets with lower regulations on trade Like European market (EU): Vietnam has signed free trade agreements with the EU which opened up opportunities for Vietnam agriculture to enjoy 0% tax rate or Russia, Russia’s market is a great potential, particularly large import demand for agricultural commodities Russia banned imports of many agricultural products such as vegetables, fruits, aquatic products from the EU, the US and some of its neighbors in Eastern Europe which will be a good opportunity for Vietnam to increase exports of these commodities The main export products to 83 this market are coffee, tea and vegetables And, African market, Vietnam's agricultural products was initially to take place in the market and made a reputation for African consumers The agricultural product exporters to this market area are: rice, coffee and timber 3.3.3 From Individuals - Using modern equipments in cultivating and aquaculture to improve postharvest maintenance and processing of farm produce like applying solar energy to dry rice and fruits, this method helps shorten producing time; keep origin favors of products and increase price - Updating actively requirement of markets to change timely Normally, famers will sell their raw goods to producers/ enterprises to make high quality product for exporting and domestically consuming However, they also need to know about requirements or hobbies of importers and consumers to adjust how to cultivate and so so - Asking favors from authorities to have the best conditions Farmers and Enterprises are subjects to Government’s Degree, regulations….So, when existing difficulties in following these provisions, famers and enterprises need aware of importance of this situation to recommend authorities to make changes 84 CONCLUSION Today, with the main purpose is to protect domestic economy, Green trade Barriers have been enjoyed by almost countries in the world when taking part in a international trade relationship, especially by developing countries to restrict entering of foreign into their territory Therefore, to all countries are required to know and understand deeply about green trade barriers in general and those of partners Particularly to Vietnam, when exporting agriculture commodities and seafood into the US market – an extremly hard market with a wide range of regulation system, Vietnam’s authorities and enterprise need to learn, keep update and act wisely with provision of the US From that point of view, the thesis topic : « Effects of Green Trade barriers in exporting agriculture products and seafood from Vietnam into the US market » helds theoritical and practical contributions: Theoritical meanings : The thesis mentioned some background information about green trade barriers like : definition, its relation to environmental barriers, some ways to classify; and more important thing is listing almost the US’ green barriers… Practical meaning: The thesis also discovered how much these regualtions affected to exporting of agriculture products and seafood of Vietnam in the past, collected experiences of some countries in applying and meeting requirements of green barriers And, It also gave neccessary mearsures to over come obstacles of the US’ regulations Besides, in current situation of Vietnam, the thesis suggested Vietnam’s exporter can access other market apart from the US to diversify their consumers and raise competitiveness in the world trade However, the thesis contained some limitations : didn’t collect all US’s green barriers, statistics and datas were limit and suggested solutions were quite general Hence, It is necessary to have more 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Ministry of Science http://www.most.gov.vn/Desktop.aspx/Home-EN/ and Techonology, 88 14 ITC, Trade Map, http://www.trademap.org/Index.aspx 15 International TSC Co., Ltd, http://www.i-tsc.vn/ 16 Vietnam Association http://vasep.com.vn/ of Seafood Exporters and Producers: ... 48  2.2 Effects of US green trade barriers in exporting agriculture products and seafood from Vietnam into the US market .55  2.2.1 Effects of US green trade barriers on agriculture products. .. into the US market 34  2.1.4 Overview of seafood exporting of Vietnam into the US market 37  2.1.4.1 Exporting seafood of Vietnam in general .37  2.1.4.2 Exporting seafood of Vietnam into... exporting agriculture products from 2010 to 2015 Export turnover of Coffee, Rice and Rubber from 2009 to 2016 of Vietnam Value of Vietnam s agriculture products exported into the US market from 2010 to