Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) Vietnam’s Approval and Direct Application

1. Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Vietnam’s Approval and Direct Application
On November 12, 2018, the National Assembly of Vietnam (“NAV”) has promulgated a resolution
to approve and ratify the CPTPP agreement and relevant documents (“Resolution”). As a result,
Vietnam formally became the 7th
member of the CPTPP. Since six other nations have passed the
CPTPP trade deal by 30 October 2018, the CPTPP will come into effect on 30 December 2018,
after more than 8 years of negotiation.
In fact, the Resolution’s official contents have not yet been published. However, it appears that at
least 15 groups of commitments of Vietnam under CPTPP will be directly applied and
implemented in Vietnam, without the need of localization (i.e., not subject to guiding laws and
regulations of Vietnam). Such commitments will be included in Appendix 02 of the Resolution.
We will keep you informed with such direct commitments after the Resolution is published.
In order to ratify and implement the CPTPP, the Standing Committee of the NAV confirmed that
265 laws and regulations (effective by April 30, 2018) have been investigated by the Ministry of
Justice and the Government. If there is any discrepancy / contradiction, such local laws and
regulations would be promptly revised and amended by Vietnam accordingly. The Standing
Committee of NAV also instructed the Government to ensure now certain undergoing draft laws
on anti-corruption, labor, crimes, criminal procedure, intellectual properties, and insurance
business to be amended in line with Vietnam’s commitments under CPTPP.
*************
Please do not hesitate to contact Dr. Oliver Massmann under omassmann@duanemorris.com if
you have any questions or want to know more details on the above. Dr. Oliver Massmann is the
General Director of Duane Morris Vietnam LLC.