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16/10/2024
I. MUSCLE ROOM PRIMARILY TREATMENT, FRANCE REASON AND REALITY TURN OFF
After becoming the 150th member of the World Trade Organization (WTO) on January 7, 2007, Vietnam has legal rights and obligations arising from the system of WTO Agreements and commitments. Additional conclusions in the Report of the Working Group on Vietnam's accession to the WTO (hereinafter referred to as the "Report of the Working Group"). As a member of the WTO, a multilateral organization As the world's largest trading partner, Vietnam needs to participate fully, actively and responsibly in WTO activities.
On April 8, 2009, the Prime Minister issued Decision No. 51/2009/QD-TTg stipulating the functions, tasks, powers and organizational structure of the Delegation. According to this Decision and the Law on Representative Agencies Socialist Republic of Vietnam Abroad in 2009, within the organizational structure of the Delegation have "Room" WTO And female problem subject Fit job commerce Multi direction". Above muscle According to Decision No. 51/2009/QD-TT, the representative of the Ministry of Justice became a member of the Delegation and was assigned to work at the WTO Department. In addition, In 2013, as assigned by the Government, the Ministry of Justice became the focal point for implementing the International Covenant on Civil and Political Rights in Vietnam. Nam (Official Dispatch No. 665/VPCP-NC-m dated April 11, 2013 of the Government Office notifying the Prime Minister's direction).
To carry out the above task, on September 12, 2013, the Minister of Justice approved the Project to enhance the role and position of the Ministry of Justice in the Union. (attached to Decision No. 2277/QD-BTP dated September 12, 2013, hereinafter referred to as the "Project") year 2013”). Afterward charcoal 10 year develop declare reality Present, above muscle office Subject sentence year
1 The four main pillars of the WTO can be summarized as follows: trade negotiations; monitoring and supervision of the implementation of the Agreements; dispute settlement and trade development.
In 2013, the Ministry of Justice sent four officials on secondment to the Delegation. The representatives of the Ministry of Justice at the Delegation generally fulfilled their assigned tasks well, especially the tasks assigned by the Government to the Ministry of Justice as the focal agency to implement the International Covenant on Civil and Political Rights (ICCPR ).
However, in the period from 2013 to present, according to Report No. 14/BC-PLQT dated December 15, 2023 summarizing 10 years of implementing the 2013 Project, mission case of great Ministry of Justice Dharma in sect group Satisfied Have much replace In addition, on June 29, 2023, the Minister of Justice issued Circular No. 02/2023/TT-BTP regulating the titles of civil servants in the judicial sector, including the title of representative of the Ministry of Justice at the Working Group (Section VIII, Appendix I). and Appendix VIII). According to the above regulations, the requirements for qualifications and capacity with taste mind This Satisfied Have some thing adjust Therefore with at Topic sentence year 2013. Out go out, The general professional and technical qualifications of the Ministry of Justice's civil servants have been improved compared to 2013 and currently, ministries and branches are tending to rejuvenate the staff assigned to work at the Youth Union.
From reality above, at Decision number 3077/QD-BTP day December 29, 2023 by the Minister of Justice French Approve the plan cooperate year In 2024, the Department of International Law was assigned to develop a Project to enhance the role and position of the Ministry of Justice at the Permanent Delegation of Vietnam to the United Nations, the World Trade Organization and other international organizations in Geneva for the period 2025-2035, replacing the 2013 Project.
II. REALITY STATUS TASTE MIND, SHOULDER GAME BELONG SET PRIVATE FRANCE PRINT AUTHORIZED DELEGATION
1. Results of work performed by representatives of the Ministry of Justice at the Delegation
Currently, the functions and tasks of the Delegation have been specifically regulated in Decision No. 51/2009/QD-TTg. Regarding the personnel structure, the Vietnamese Delegation in Geneva Have 18 wall pills, print there Have 01 Big porcelain - Chief Part group, 02 Adviser Ambassador - Deputy Head of Delegation, 05 Jurisdiction to resolve dissipate, 05 Secretary ranking best, 02 Second Secretaries, 03 Third Secretaries and 01 Attaché. The Ministry of Justice has 01 representative at the Delegation, holding the position of Counselor. The duties of the representative of the Ministry of Justice at the Delegation may change according to the assignment of the Head of the Delegation depending on the actual situation and each period.
In the general mission of the Delegation as prescribed in Article 2 of Decision No. 51/2009/QD-TTg and the actual working process in the past time, the representative belong Set Private France Agree stool labor Sure mission female group mission service primarily To become:
(1) According to according to job award decision painting accept Love trade print World Trade Organization; (2) Talk judgment female
rules blocked within the framework of the WTO; (3) Screen cooperative activities with Center WTO Legal Advice (ACWL); (4) Monitoring the activities of the United Nations Human Rights Committee (UBNQ) and activities related to the implementation of the ICCPR Convention in Vietnam; and (5) Some other related work and according to stool labor belong Part group, Ministry of Finance France. Include fruit reality Present female group Mission talk above print time space through alike Later:
1.1. According to according to job award decision painting accept Love trade print WTO
One of the important tasks of the representative of the Ministry of Justice at the Delegation To be according to according to also programme award decision painting accept trade at WTO print there cases directly related to Vietnam and lawsuits in which Vietnam participates with thought as a Third Party. Obligations this case include Monitor the litigation process of the case to promptly advise and propose to the Ambassador appropriate steps and solutions to resolve the case... to ensure the rights and interests of Vietnam.
Previously, the representative of the Ministry of Justice at the Delegation participated in supervising a number of lawsuits initiated by Vietnam, such as lawsuits DS496 (on Indonesia's measures applied to Vietnamese iron and steel products), DS536 (on US anti-dumping measures on Vietnamese fish fillets) and DS540 (on measures related to Vietnamese fish fillets).
1.2. Talk judgment female rules blocked print mold anguished WTO
At the Delegation, the representative of the Ministry of Justice is assigned to negotiate or coordinate with the domestic Delegation to negotiate new agreements or amend existing agreements within the WTO framework. To date, the representative of the Ministry of Justice at the Delegation has participated in negotiations or coordinated with the domestic Delegation to negotiate many new agreements or amend existing agreements within the WTO framework, including the Anti-Dumping Agreement; negotiations judgment on budget subsidies; negotiating amendments to the Dispute Settlement Agreement; Investment Facilitation Agreement on development, trade and women issues…
1.3. Monitor the activities of the UBNQ and activities related to the implementation of the ICCPR Convention in Vietnam
The task of monitoring the activities of the Human Rights Committee and activities related to the implementation of the ICCPR Convention in Vietnam includes tasks such as attending meetings of ICCPR member states, meetings to discuss the development of Comments, and interpretation of the provisions of the ICCPR Convention; monitoring and updating information on the activities and personnel structure of the Human Rights Committee; information and updates on repair changes, additions (if any) About rules procedure newspaper Commission Report Human Rights Commission, opinions, independent assessment reports of individuals, non-governmental organizations cover send UBNQ link Mandarin arrive Love image develop declare Labor wish International Convention on Human Rights (ICCPR) belong
Vietnam; and coordinate support for domestic agencies in research activities and working trips on issues related to the implementation of Vietnam's reporting obligations under the ICCPR Convention....
Print stage passage 2013-2018, great Ministry of Justice France print Part group Satisfied actively supported the Focal Point of the Ministry of Justice (Department of International Law) in developing, submitting and successfully defending the Third National Report of Vietnam on the implementation of the ICCPR Convention (the first report that the Ministry of Justice was assigned to chair). During the period of 2022-2023, the representative of the Ministry of Justice at the Delegation actively coordinated and exchanged with the Secretariat to provide information to serve the development and successful submission of the Fourth National Report on the implementation of the ICCPR Convention of Vietnam in March 2023 as requested by the UNCRC. Up to now, the representative of the Ministry of Justice at the Delegation continues to closely coordinate with the Department of International Law in implementing the ICCPR Convention, the recommendations of the UNCRC and other tasks of the National Focal Point in implementing the Convention, meeting the requirements of the Convention and the UNCRC.
1.4. According to according to positive dynamic Fit job with Center heart ACWL
The representative of the Ministry of Justice at the Delegation is assigned to supervise cooperation activities with the ACWL Center, including tasks such as participating in General Assembly meetings (twice a year), ACWL Center Executive Board meetings; coordinating with domestic authorities to participate in developing and amending operating regulations, approving financial spending plans and reports of ACWL; coordinating with domestic authorities to increase the use of ACWL services (seeking legal opinions on WTO-related issues, lawyer services in dispute settlement cases)... In addition, the representative of the Ministry of Justice at the Delegation will support units under the Ministry to organize short-term and long-term business trips, study tours, and training for officials of the Ministry of Justice at the WTO and ACWL.
To date, the representative of the Ministry of Justice at the Delegation has actively built and maintained a close working relationship with ACWL and on that basis, helped the Ministry of Justice and relevant ministries and branches of Vietnam to discuss necessary legal issues with the Center. In addition, the representative of the Ministry of Justice at the Delegation has helped promote and seek opportunities for Vietnamese civil servants and public employees to study at ACWL. ACWL is also a training center for lawyers for member governments to participate in consulting and resolving trade cases at the WTO. To date, ACWL has trained 02 Vietnamese officials. (including 01 officer of the Ministry of Justice). In the future, Vietnam can continue to send people for training at this organization.
1.5. Some other related tasks and as assigned by the Delegation, Ministry of Justice
The Ministry of Justice representative at the Delegation has also established working relationships with international organizations based in Switzerland and local agencies such as the Federal Ministry of Justice, state judicial agencies, the Federal Court, professional organizations, legal training institutions, etc., and supported domestic agencies in carrying out cooperative activities with these agencies and organizations.
In addition, the representative of the Ministry of Justice at the Delegation also coordinated with The units under the Ministry organize business trips, training courses and experience exchanges with international agencies and organizations based in Switzerland as well as local government agencies.
2. Difficulties and obstacles encountered during the working process of the Ministry of Justice representative at the Delegation
2.1. The difficult the towel, present print
Currently, the Ministry of Justice is coordinating activities with the Delegation and the Delegation's participation. belong great area Set Private France print Part group still Have one number present print, difficult towel alike Later:
Firstly, compared to the previous period, the tasks of the representative of the Ministry of Justice at the Delegation have changed a lot. Currently, the representative of the Ministry of Justice at the Delegation is assigned a new task of a complex nature, requiring knowledge and expertise in international integration in general instead of mainly focusing on international trade such as: monitoring some new contents at the WTO such as Trade and Gender, negotiating the Investment Facilitation Agreement for Development (IFDA); monitoring, providing information and supporting work related to the implementation of the United Nations conventions on human rights to which Vietnam is a member such as the ICCPR Convention. In addition, some tasks related to trade international (monitoring the activities of the Commissions) The representative role of the Ministry of Justice in the previous period (WTO, trade defense) has been transferred to representatives of other ministries and branches. This also affects the role of the representative of the Ministry of Justice in the Delegation.
Second , in some periods, the relationship between the representative of the Ministry of Justice at the Delegation and the units under the Ministry was still quite vague, without many coordination, support, and information exchange activities, specifically on the issue of training and support cooperation. Technical Support human resources and legal techniques to prepare for the deeper integration process. The information exchange mechanism is still limited and inflexible, mainly through the General Telegraph of the Delegation to relevant ministries and branches in Vietnam or in some cases informal exchanges between representatives of the Ministry of Justice at the Delegation and units under the Ministry.