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[LMS2024] Foreign trade sector: Seminar "Current foreign trade transactions: Changes in business strategies and disputes management"

Nov 04, 2024
On the afternoon of July 4, 2024, Ho Chi Minh City Investment and Trade Promotion Center (ITPC) in collaboration with Vietnam International Arbitration Center (VIAC) successfully organized a seminar with the theme "Current foreign trade transactions: Changes in business strategies and disputes management". The event saw the participation of nearly 200 representatives from export-import businesses and various business associations in Ho Chi Minh City.
 
 
Ms. Hồ Thị Quyên - Deputy Director of Investment and Trade Promotion Center of Ho Chi Minh City
 
In her opening remarks, Ms. Hồ Thị Quyên, Deputy Director of Investment and Trade Promotion Center of Ho Chi Minh City, noted that Vietnam’s increasing global integration has opened new opportunities for businesses to expand markets and build partnerships. According to the General Statistics Office, Vietnam’s export-import turnover in the first six months of 2024 showed notable growth with positive signals. Specifically, Ho Chi Minh City's export-import turnover in May was estimated at USD 38 billion, an increase of 358% compared to the previous month. The cumulative figure for the first five months was approximately USD 1,858 billion, an increase of 272%. In light of the global development trends, Ms. Quyen emphasized that Vietnam must continue implementing green transformation policies to foster green and circular economies. However, this process must align with strict adherence to legal regulations and standards set by export markets. Therefore, businesses need to proactively and flexibly adapt to leverage their resources and capitalize on opportunities, building advantages from these trends. Aiming to equip businesses with valuable knowledge and information to boost export-import activities, Ms. Quyen expressed her hope that the conference would focus on analyzing prominent issues and resolving the challenges businesses face.
 
 
Mr. Châu Việt Bắc - Vice Secretary General of Vietnam International Arbitration Center (VIAC)
 
From the perspective of the Vietnam International Arbitration Center (VIAC), Mr. Châu Việt Bắc, Vice Secretary General of VIAC, shared an overall assessment of businesses’ execution of export-import contracts in recent times. He noted that, given the global focus on sustainable development, businesses, particularly those in the export-import and logistics sectors, are under significant pressure due to environmental technical barriers, green transition, and digital transformation. Mr. Bac predicted that Vietnam’s export-import landscape would become more polarized in the near future. Enterprises that adapt swiftly and effectively will seize growth opportunities, while slower ones may face new challenges as stricter regulations are enforced in target markets. Over the years, disputes related to foreign trade and international goods transactions have consistently topped the list of cases submitted to VIAC. Many Vietnamese businesses find themselves at a disadvantage in these disputes due to mistakes made during contract negotiation and signing. Mr. Bac stressed the critical importance of contract management and risk management in foreign trade transactions.
 
 
Dr. Võ Trí Thành - Director of the Institute for Brand and Competitive Strategy Research, Arbitrator of Vietnam International Arbitration Center (VIAC)

The seminar commenced with a presentation by Dr. Võ Trí Thành, Director of the Institute for Brand and Competitive Strategy Research, Arbitrator of VIAC, on the topic “Green Transition Requirements and Their Implications for Export-Import Activities.” Dr. Thanh observed that as awareness of development has shifted, countries and individuals increasingly focus not only on economic growth but also on sustainable development. Market pressures now compel businesses to transition from brown to green economies. The current consumer revolution emphasizes "green," "safe," and "humane" products, alongside the implementation of commitments associated with new-generation free trade agreements (FTAs) such as TPP/CPTPP and EVFTA. Dr. Thanh highlighted the importance of adapting to these market changes, recommending that businesses actively adjust their main product lines and adopt strategies to approach new partners and target markets. He also emphasized the critical role of implementing ESG (Environmental, Social, and Governance) practices in enhancing brand value and ensuring sustainable business development. On a policy level, Dr. Thanh proposed that Vietnam address two long standing bottlenecks: infrastructure and human resources, to attract more foreign direct investment (FDI) and maximize its advantages and opportunities in a volatile world.

 

 Mr. Nguyễn Hữu Nam - Deputy Director of the Ho Chi Minh City Branch of the Vietnam Chamber of Commerce and Industry (VCCI)

 
Following Dr. Thanh’s presentation, Mr. Nguyễn Hữu Nam, Deputy Director of the Ho Chi Minh City branch of the Vietnam Chamber of Commerce and Industry (VCCI), discussed the importance of leveraging FTAs to facilitate transactions between Vietnamese businesses and international partners. Mr. Nam stated that FTAs have played a crucial role in boosting export-import activities. In addition to existing FTAs, newly signed agreements also present new opportunities. FTAs offer businesses tax incentives, promote investment flows, enhance supply chains, and spur innovation and reform within enterprises. However, they also impose challenges, as businesses must quickly adapt to new standards to remain competitive. Mr. Nam noted that major markets are increasingly tightening standards and regulations on goods. This necessitates that businesses adjust their production processes and source green materials to maintain smooth trade activities and tap into new opportunities in emerging markets.
 
 
Mr. Bùi Văn Thành - Head of the NewSun Law Firm, Arbitrator of VIAC, and Mediator of the Vietnam Mediation Centre (VMC)
 
From a legal perspective, Mr. Bùi Văn Thành, Head of the NewSun Law Firm, Arbitrator at VIAC, and Mediator of VMC, delivered a presentation on "Contract Solutions for Key Export-Import Markets and Ways to Mitigate Partner Influence in Dispute Resolution with Foreign Elements." Based on statistics from Vietnam’s export-import activities in 2023 and the first four months of 2024, Mr. Thanh noted that this sector is highly volatile, being susceptible to market fluctuations. Therefore, for transactions to be successful, businesses must be highly sensitive to new developments, especially those involving legal matters. Drawing from years of experience advising both domestic and international businesses, Mr. Thanh highlighted several common issues in transactions with foreign partners. Through case studies and examples of losses suffered by Vietnamese enterprises, he stressed the importance of thoroughly understanding foreign trade contracts, determining which legal frameworks apply, and anticipating potential political and cultural risks. He also emphasized the need for businesses to carefully evaluate the capacity of contracting parties and the legal conditions in target countries to proactively manage risks during contract execution. Regarding dispute resolution, Mr. Thanh noted that the applicable law and the dispute resolution body are critical factors. To avoid disadvantages in disputes, businesses must be diligent when drafting contractual clauses that define these terms.
 
 
Mr. Vũ Quang Huy - Member of the Executive Committee of the Ho Chi Minh City Handicraft and Wood Processing Association (HAWA) and General Director of TEKCOM Joint Stock Company
 
 
Continuing the seminar, Mr. Vũ Quang Huy, Member of the Executive Committee of the Ho Chi Minh City Handicraft and Wood Processing Association (HAWA) and General Director of TEKCOM Joint Stock Company, shared practical insights into the export-import landscape for the wood and handicraft sector, drawing from his company's experiences. Vietnam’s timber and wood product export-import rates grew by 24.5% and 19.5%, respectively, compared to the previous year. However, this growth came with challenges, such as sustainability criteria imposed by export markets, including the EU’s anti-deforestation regulations, U.S. trade defense measures for the wood industry, and Net-zero targets. Mr. Huy analyzed several foreign trade risks, such as fraudulent transactions, ambiguous contracts, payment issues, market fluctuations, policy changes, and legal compliance risks. He emphasized that businesses need to thoroughly vet partners, draft clear and detailed contracts, use secure payment methods, and monitor market updates to avoid such risks.
 
 
Ms. Tôn Nữ Xuân Quyên - Chairwoman of BLUSAIGON
 
From a business perspective, Ms. Tôn Nữ Xuân Quyên, Chairwoman of BLUSAIGON, also shared practical insights from her company’s operations. She agreed with the experts’ assessments of market challenges, highlighting that most sectors face difficulties due to market trends, exchange rates, transportation infrastructure, and increasingly stringent green and digital transition requirements. She proposed several solutions to enhance business capacity and market conditions, stressing the need for businesses to proactively adapt to new demands, especially regarding sustainable growth. From a macro perspective, Ms. Quyen urged organizations and agencies to provide clearer guidance on maximizing FTA benefits and improving logistics infrastructure to strengthen supply chains. Reflecting on BLUSAIGON's experience, Ms. Quyen noted that her company had successfully adapted to market demands and continues to explore ways to maintain sustainable operations while contributing positively to the national economy.
 
Mr. Trần Việt Anh - Chairman of the Vietnam Waste Recycling Association, Vice Chairman of the Ho Chi Minh City Business Association, VIAC's Arbitrator
 
 
Mr. Nguyễn Anh Dương- Head of General Research Department, Central Institute for Economic Management (CIEM) participated in an online discussion with experts
 
After the experts' diverse presentations, a discussion session, moderated by Mr. Tran Viet Anh, Chairman of the Vietnam Waste Recycling Association, Vice Chairman of the Ho Chi Minh City Business Association, VIAC's Arbitrator, followed. The session featured lively and positive exchanges between experts and participants, addressing practical challenges and providing specific recommendations to help businesses conduct foreign trade transactions safely and effectively.
 
Overview of the Seminar
 
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The above event is within the Legal Management Series 2024 (LMS 2024) on "Legal compliance for adapting to the modern and green economy" co-organized by VIAC and partners. The series includes 09 activities taking place from June 20, 2024, to November 06, 2024, in Ho Chi Minh City and other southern provinces.
 
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