| 日期： | 2020/11/27 |
|---|---|
| 作者： | Council for Trade in Goods, Working Party on State Trading Enterprises |
| 文件編號： | G/C/W/786/Corr.1, G/STR/Q1/VNM/8/Corr.1 |
| 附件下載： | GCW786C1.pdf |
| 因為版本問題，開啟附件時可能會出現錯誤訊息，如「檔案已損毀」的訊息，請您忽略此訊息，即可正常開啟 |
STATE TRADING
notification of viet nam in response to the
United States' Counter-Notification
of Viet Nam's State Trading Enterprises Pursuant to Paragraph 4 of the
Understanding on the Interpretation of Article XVII[1]
United States Follow‑Up Questions to Viet
Nam's Replies[2] to Further
Questions from the United States Regarding Viet Nam's State Trading Enterprises
Corrigendum
Please note
that under "Follow-up Question 4" on page 2 of the
document G/C/W/786 ‑ G/STR/Q1/VNM/8, the underlining for emphasis
was missing. It should read as follows:
Follow‑up Question 4
In its reply to US Question 4 regarding Viet
Nam National Coal – Mineral Industries Holding Corporation Limited, Viet Nam
did not reply to one of our questions. Therefore, we will state our question
again:
·
Office of the Government
Announcement 346/TB‑VPCP clearly states that two companies, including Vinacomin
or TKV, are designated by the state as coal intermediaries:
[MOIT] shall
direct Electricity Vietnam, PetroVietnam, and other enterprises with a need
for imported coal to sign contracts with the TKV and Dong Bac General
Corporations (the two enterprises designated as coal import intermediaries)
to supply coal in accordance with the law and international customs; contracts
should include a guarantee that contracts will be executed, to create
conditions for these intermediaries to find a stable source of supply with
appropriate quality and price.[3] (emphasis added)
Viet Nam asserts that this measure is "not
a legal normative document to grant exclusive or special privileges to TKV to
importing or exporting coal." Again, is Viet Nam representing that
directives from the Deputy Prime Minister do not carry legal authority?
Furthermore, please note that under "Follow‑up Question 6" on page 3, reference made to Question 4
should have been Question 6, as follows:
Follow‑up
Question 6
In its reply to US Question 6, Viet Nam
did not reply to one of our questions. Therefore, we will state our question
again:
·
Please clarify the statement
that a Prime Ministerial Decision is not a "legal normative document".
Is Viet Nam asserting that decisions by the Prime Minister do not have legal
authority?
[1] See
G/STR/N/15/VNM and G/STR/N/16/VNM (original notifications of Viet Nam) (dated
15 April 2016); G/STR/Q1/VNM/4 ‑ G/C/W/750 (United States'
counter-notification) (dated 9 January 2018); G/C/W/755 ‑ G/STR/Q1/VNM/5 (Viet
Nam's notification in response to United States' counter-notification) (dated
27 August 2018); G/C/W/755/Corr.1 ‑ G/STR/Q1/VNM/5/Corr.1 (corrigendum) (dated
25 September 2018); G/C/W/760 – G/STR/Q1/VNM/6 (further questions
posed by the United States in response to Viet Nam's response to the
counter-notification from the United States) (dated 9 October 2018); and
G/C/W/776 ‑ G/STR/Q1/VNM/7 (Viet Nam's responses to further questions posed by
the United States in response to Viet Nam's response to the
counter-notification from the United States (dated 5 March 2020).
[2]
G/C/W/776 – G/STR/Q1/VNM/7 (dated 5 March 2020).
[3]
Paragraph 3, Section 1, Office of the Government Announcement 346/TB‑VPCP on
the conclusions of Deputy Prime Minister Hoang Trung Hai at the meeting on the
coal import situation, dated 26 August 2014.
