Agreement on Import Licensing Procedures
Based on the WTO dispute resolution advice, the material to the information provides for the effective legislation into the socialist republic of Vietnam. The section will discuss on the overview of the import licensing in order to support the arguments provided in the regulations of the international trade among the different countries. This creates a strong implication on the need for licensing of the import activities in the different countries. The analysis provides several articles necessary for the regulation and implementation of strict provisions for import and export activities. Personally, I support the adoption of alternative procedures in the process of licensing. This helps to offer options to the strict regulations and techniques in controlling and managing international trade. The paper will seek to support the recommendations provided by the various articles and the alternative procedures in the importing process. However, it will provide a professional review on the benchmarking and its interrelation to the import licensing agreement (Kaynak and Belay 129).
Article 1 of the regulations covered the scope of governing. It is crucial for the process to understand the governing regulations. The governing regulations provides for the provisions needed in the benchmarking process. I support the documentation of Article 1 by including the provisions of automatic important licensing. The provisions are keen on promoting the legal perspectives on the import regulations. It is also correct for the article 1 to derive the application of import licensing as further explained by article 2 and 3. This shows the connections between the different articles in the agreements. In order for the regulations to be applicable, it is important to connect the different articles and regulations. This promotes the ramification and clarity of adopting the regulations in setting up the import licensing regulations.
I believe that the review of Circular 24/2010 is also important to the scope of the governing provisions. Since, it facilitates the comparison between the different regulations and the obligatory provisions by the different countries. When the different countries engage in trade, they are usually governed by the bilateral and regional trade agreements and covenants. Pursuant to article 4, the Vietnam provisions were regulated by the provision of the ASEAN agreements. To some extend I agree with the structuring of the article 1, but it should have been more valid and strong by the provisions of relevant references from the legal perspectives from the WTO resolutions. Referrals from other past international agreements improve the credibility and quality of the agreements (Seyoum 120).
Considering the nature of the importers by the socialist Republic of Vietnam, Article 2 is not comprehensive enough to cover all aspects of the trade regulations. The article only provides the overall understanding on the different forms of certifications based on the registration requirements. According to the recommendations of clause 1 of article 2, it offers the validation of the different products and services. It is necessary in controlling the transportation and storage of the products by the customs officials. Most importantly, section 2 of the article is instrumental in the determination of the valid requirements of the licenses provided to the traders. I believe article 2 is well organized by providing for the period of validating the applications and extensions of the importing services. Article 2 clearly provides for 30 days of checking the applications made by the international traders. However, the provisions cover an extension requested by the traders on the registration process. Apart from the regulations of the international trade activities, the article is effective on noting the ultimate period for applications and any other extensions.
From my own professional understanding of international trade regulations and laws, the article is appropriate in the restriction of the delegation of authority. It is clear that the delegation of authority should be direct for few persons in the organizations. However, there must be legitimate authority to advance the appropriate certifications. The certifications may also be available to the various individuals marking the different geographical regions. In most of the occasions, the articles of the agreement do not provide for the regulations on the delegation of the authorities. As a result, the agreements sought to develop legal and integral process of managing the importing activities into the Socialist Republic of Vietnam.
Moreover, article 2 ensures that all trading activities are carried smoothly. Pursuant to paragraph 3 of the article, it eliminates any barriers to trade into the country. The Vietnam officials should have embraced the provisions and regulations stipulated in article 2, as it promotes WTO resolution mechanisms. The agreement is cautious to note any breach of the international trading regulations and provisions. First, paragraph 1 noted that import license should not be the burden of the importers. This also demonstrated that legal representatives are needed to monitor the application of the preamble and articles 1 & 2 of the import regulations in the society. Based on the regulations of article 2, the agreements can be said to be consistent with international standard of trade. This indicates the best practice of encouraging import activities among the different countries.
The preamble to the import licensing agreements is keen on the agreements that focus on allowing for the import licensing regulations and procedures. The obligations clearly cover the implication of GATTT 1994 and the qualification of accountability and transprotation by the Appellate bodies. Based on the case raised by the Appellate body, Para 212, the international provides were covered in the administrative regulations and obligations. It is also important to note the ability of article 2 to cover the import licensees provisions and regulations in the different government programs and procedures (Sell 1410. I believe the agreements are useful in the integration of the government process and regulation on import activities. The import licensing activities by the government avoids the international requirements for quality services and contributions. This offsets the international aspects of forming the international trade agreements in the various government functions. I support the recommendations stipulated by the requirements of article 2 in chapter 11 of the circular 24/2010. The circular notes the unnecessary processes that affect the importing process of the specific commodities. This illustrates the inability of the procedural requirements to supports the restriction effects of the importing activities into Vietnam.
However, I can suggest that the provision of article should consider the establishment of clear regulations on the new application for at least 30 days. This notes the restrictions and limitations associated with the delegation of authority and duties among the different certification person. The provisions of article 2 focus on creating procedural problems that affects the trade-restriction effects on the different imports to the country. Personally, I agree with the submission of the three requirements ion article 2 as they offer suitable procedures for the licensing of imports into the different countries (Seyoum 120). The extent of observations recorded in article 2 of chapter is unclear. From a professional point of view, the observations made on article 2 could affects the process of import licensing that is correctly represented by the “automatic import licensing.” As a result, I accept the contributions made by country’s officials to align the agreements to the updated international bilateral and multilateral conventions.
The implication of article there are also supportive to the documentation of the verification system in the MIT provisions. The reconsideration that lies with the information provided is crucial in promoting the registration of the imports and exports in the various issues. Today, the technological concerns have been on the forefront in affecting the various issues in the world. Especially, the documentation of the imports relates to the unnecessary implications caused by difficult conclusions by article 2 (Johnson 78). However, I think article 3 offers some comprehensive explanation and discussion of the certification process by MIT. I support the outline of article 2, as it is relevant in promoting process of imports in the country. The alignment of article 4 is crucial in the determination of the limit of working period in the certification process. The limits are required to promote the returns of the imports through the post.
However, the agreements create confusion on the application documents that are necessary in promoting and verifying the applications documents. The communication and resolution aspects of the regulations are relevant to the international provisions for trade agreement. Based on the MIT procedures, the licensing of applicants allows for improved minimum time programs stipulated in the different periods. For example, the applicants are allowed to process the various issues relating the application process. These secludes the preparation of dossier, postal service to delegate, assessment by MIT, and the filing of returns to the applicants within the stipulated days. The procedure provides for 12 days against the 30 days allowable for the application of the import licenses among different parties. It is significant to note that article 2(2) is appropriate to the import licensing process.
Considering the schedule of application process, I agree with allocation of days that allows for the shortest possible time in the licensing agreements. Applications made to the various parties are crucial in the approval to the receipts made with 10 days. This relates to the international agreements that are categorized into written agreements to allow for quality approval of the recommendations. Moreover, the scope of work on the international trade agreements is keen to confirm the minimum period required to facilitate the best international trade practices. As a result, it accepts the regulations and provisions made within the international trade relations (Kennedy 127). The inconsistence of article 4 of circular 24/2010 to article 2 affects in need to promote the revision of the timing provisions that relates to additional requirements. Therefore, I support agreements is appropriate in dictating the appropriate administrative procedures and international obligations.
In summary, I believe that the general agreements in the benchmarking versus the import licensing procedures to promote the international trade regulations. I support the recommendations stipulated by the requirements of article 2 in chapter 11 of the circular 24/2010 I agree with allocation of days that allows for the shortest possible time in the licensing agreements. Therefore, the guidelines and provisions agreements are crucial in relation to socialist republic of Vietnam.
Johnson, Thomas E. Export/import procedures and documentation. New York: AMACOM Div American Mgmt Assn, 2010.
Kaynak, Erdener, and Belay Seyoum. Export-Import Theory, Practices, and Procedures. London: Routledge, 2014.
Kennedy, Brian V. “Law and Its Limitations in the GATT Multilateral Trade System, by Oliver Long.” Maryland Journal of International Law 11.1 (2013): 127.
Sell, Susan K. “GATT and the WTO.” Handbook on International Political Economy (2012): 141.
Seyoum, Belay. Export-Import theory, practices, and procedures. London: Routledge, 2013.