MAY 2012 USAID STAR Plus Monthly Report

Ambassador Schwab's presentation was well-received, and the Foreign Affairs Committee wants to make her presentation available to all members of the National Assembly to enhance their understanding of the Trans Pacific Partnership FTA. Professor David Gantz of the University of Arizona Law School completed a paper on State-to-State Dispute Settlement in the WTO, NAFTA, KORUS, ASEAN, and other FTAs. The paper was developed at the request of the Deputy Director General Tu of the Ministry of Justice and will serve as an important resource for those dealing with this issue in the ongoing TPP negotiations. The MOJ has requested a number of training programs on topics ranging from an overview of the TPP to commercial mediation for provincial MOJ staff in the summer of 2012. USAID STAR Plus established a portable database of over 1,000 documents, including the text of trade agreements, tariff schedules, and WTO materials that can be used by the Ministry of Industry and Trade's negotiators as a resource during the TPP negotiations. The work was completed in time to make it available during the Dallas round of negotiations in May. The material was provided earlier on USB drives, but it is also now available in a web-accessible format for business associations, NGOs, and anyone else who may be interested. This may evolve into a TPP enquiry point in the future. The Domestic Market Division of the Ministry of Industry and Trade requested a workshop on franchising, which will be held on June 12 in Ho Chi Minh City. The workshop will involve approximately 100 people, including government representatives from the south, private enterprises, franchisors, and franchisees. Fred Burke, managing partner of the law firm Baker & McKenzie, and Nguyen Ba Binh, a Ph.D. candidate, will be the principal presenters. The content of the workshop is still being discussed, and the MOIT proposes to cover six issues, including clarification of the concept of franchising, current status of franchising in Vietnam, international law and regulations, and recommendations for changes in law and regulations. Andrew Stephens attended two workshops in HCMC sponsored by the American Apparel & Footwear Association on May 17-18. The largest companies in this sector in the United States attended the event. The first workshop was on "International Product Safety and Environmental Compliance for U.S. and European Apparel & Footwear Markets." Knowledge gleaned from this seminar will help USAID STAR Plus to prepare for a workshop on the TBT chapter of the TPP FTA, possibly using case studies on U.S. TBT regulations of footwear and apparel. The second workshop was on the TPP FTA, with a focus on the TPP treatment of textiles, apparel, and footwear, including the yarn forward rule of origin. The American Apparel and Footwear Association expressed keen interest in working closely with USAID STAR Plus on issues of mutual interest in the future. The first phase of training for mid-level MOFA staff on international economic integration was launched on May 21. Professor William Frasure and Professor Rolf Jensen were the principal presenters during the first phase. This is the third year this training has been held. The program is being conducted in Hanoi and Connecticut, with the first two weeks in Hanoi. John Bentley and Professor James Riedel of Johns Hopkins University also made presentations to the group. In addition to MOFA staff, the participants include representatives of the staff of the Central Committee of the Communist Party. The Government of Vietnam is financing approximately 95% of the total cost of the program, including expenses in the United States. Janet Labuda submitted two research papers on customs issues, including the Yarn Forward Rule of Origin and Investment Potential and Importer Self-Certification. These papers will serve as the foundation for a series of much larger technical assistance efforts to address Customs constraints likely to emerge from the TPP agreement. From May 21 to 23, USAID STAR Plus supported the Ministry of Justice in conducting a survey on the implementation of the Law on Local Laws and Decree 55 on establishment of legal divisions at the provincial level. Three provinces were surveyed: Son La, Ga Lai, and Da Nang. The MOJ assembled a team of seven experts, including two people from the Office of the Government and the Ministry of Home Affairs. In each province, the inter-ministerial team, with the assistance of the local Department of Justice, organized a mini workshop for 30 local officials and visits to a local district. All three provinces confirmed that Decree 55 is a great step toward strengthening the rule of law by mandating the establishment of legal units in 14 local departments. However, implementation has fallen short of expectations due to a lack of implementing circulars and conflicts with Decree 13 on organization of local government, a lack of resources and personnel ceilings, and limited knowledge and skills. USAID STAR Plus met with representatives of the Foreign Agricultural Service