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OVERVIEW TABLE OF CONTENTS TABLE OF CONTENTS INTRODUCTORY REMARKS Page About EuroCham ii Message from the Co-Chairmen iii Message from the EU Ambassador iv Message from Business Associations v Overview of EuroCham Advocacy Services ix SEA IPR SME Helpdesk x EU-Vietnam Business Network xii User's Guide 13 Disclaimer 14 OVERVIEW 15 Contextual introduction 16 Executive Summary 21 PART 1: CROSS-SECTORAL ISSUES 39 1. EVFTA 40 2. Energy and Electricity 44 3. Green Growth 51 4. Human Resources and Training 61 5. Intellectual Property Rights 71 6. Judicial and Arbitral Recourse 80 7. Mediation 85 8. Mergers and Acquisitions 91 9. Public Private Partnerships 98 10. Taxation 106 11. Transportation and Logistics 112 PART 2: SECTORAL ISSUES 121 12. EuroCham Healthcare Forum 122 a. International Quality Generics 126 b. Medical Devices and Diagnostics 135 c. Pharmaceuticals 141 13. Food, Agri and Aqua Business 147 14. CropLife Vietnam 156 15. Information and Communication Technology 164 16. Mobility a. Automotive 171 b. Motorcycle 184 17. Nutrition and Milk Formula Products 189 18. Real Estate 192 19. Tourism and Hospitality 201 20. Wine and Spirits 211 LIST OF TABLES AND FIGURES 220 LIST OF ABBREVIATIONS AND ACRONYMS 221 ACKNOWLEDGEMENTS 225 Publication Licence: Produced by: www.shumedia.com.vn WHITEBOOK 2019 | TRADE & INVESTMENT ISSUES AND RECOMMENDATIONS | i ABOUT EUROCHAM ABOUT EUROCHAM ABOUT EUROCHAM Since its establishment with just 60 members in 1998, the European Chamber of Commerce in Vietnam (EuroCham) has grown to represent over 1,000 European businesses, counting among its members some of the world’s leading enterprises. With offices in both Hanoi and Ho Chi Minh City, and Chapters in the Central, Northeastern and Southeastern regions of Vietnam, EuroCham’s mission is to represent the business interests of our members in Vietnam and to improve the business environment in the country for the benefit of all. The Chamber is the leading organisation representing European business interests in Vietnam, and is also an umbrella organisation gathering affiliated European business associations: the Belgian-Luxembourg Chamber of Commerce in Vietnam (BeluxCham); the Central and Eastern European Chamber of Commerce in Vietnam (CEEC); the Chamber of Commerce and Industry Portugal-Vietnam (CCIPV); the Dutch Business Association Vietnam (DBAV); the French Chamber of Commerce and Industry in Vietnam (CCIFV); the German Business Association in Vietnam (GBA); the Italian Chamber of Commerce in Vietnam (ICham); the Nordic Chamber of Commerce in Vietnam (NordCham); and the Spanish Business Group in Vietnam (SBG). The British Business Group Vietnam (BBGV) and the Swiss Business Association (SBA) are close partner organisations. EuroCham is a founding member of the inter-foreign-chamber platform Vietnam Business Forum (VBF) and chaired it in 2018 for the first time since it was established in 1997. EuroCham is a member of the European Business Organisation Worldwide Network ASBL (EBOWWN), representing European businesses in almost 40 countries across the globe and addressing common trade and investment- related issues to the European Commission. In the region, EuroCham is a member of the EU-ASEAN Business Council. Since the end of 2015, EuroCham has been the implementing partner of the South East Asia IPR SME Helpdesk, providing free-of-charge advice and support on intellectual property protection when entering and expanding in the ASEAN market. Since 2016, EuroCham is also a consortium partner of the EU-Vietnam Business Network (EVBN), an EU co-funded project under the ICI+ programme which aims to support EU small and medium enterprises interested in doing business in Vietnam, while promoting the country and ASEAN’s business opportunities in Europe. In 2017, EuroCham was awarded Best Large Chamber of the Year at the Asia Pacific International Chambers of Commerce Awards and in 2018 Eurocham received a Certificate of Merit from Prime Minister Nguyen Xuan Phuc for its contribution to Vietnam’s development. For more information about EuroCham: www.eurochamvn.org To download the Whitebook: www.eurochamvn.org/Whitebook To access the Greenbook website: www.greenbookvietnam.com Hanoi Office Ho Chi Minh City Office Horison Towers, 3B Floor, The Landmark, 15th Floor, Room 2B, Unit 08, 40 Cat Linh, 5B Ton Duc Thang Street, District 1, Hanoi, Vietnam Ho Chi Minh City, Vietnam Tel: +84 24 3 715 2228 Tel: +84 28 3 827 2715 Fax: +84 24 3 715 2218 Fax: +84 22 3 827 2743 Email: [email protected] Email: [email protected] Northeastern Vietnam Chapter Central Vietnam Chapter Southeastern Vietnam Chapter c/o: Dinh Vu Industrial Zone JSC c/o: Furama Resort Danang c/o: Fischer Asia 5th Floor Harbour View Office 103 - 105 Vo Nguyen Giap Street, 8 Thong Nhat Street, Song Than Building, 12 Tran Phu Street, Khue My Ward, Ngu Hanh Son Industrial Zone II, Di An Ward, Haiphong city, Vietnam District, Danang City, Vietnam Di An District, Binh Duong, Vietnam Tel: +84 422 583 6169 Tel: +84 236 3847 333/888 Tel: + 84 274 3577 415 Fax: +84 422 585 9130 Fax: 84-236-3847 666 Fax: + 84 274 3577 416 Email: [email protected] Email: [email protected] Email: [email protected] ii | WHITEBOOK 2019 | TRADE & INVESTMENT ISSUES AND RECOMMENDATIONS MESSAGE FROM THE CO-CHAIRMEN MESSAGE FROM THE CO-CHAIRMEN On behalf of EuroCham, we are proud to present the 11th edition of our Whitebook. This report is the culmination of the insights and expertise of our members, through their work in 16 dedicated Sector Committees. Over the last 12 months since our last Whitebook, we have celebrated some historic milestones for our Chamber and for EU-Vietnam relations. In 2018, for the first time, EuroCham reached over 1,000 members. Since EuroCham was first formed in 1998, we have grown from representing just 60 companies to now counting over 1,000 European companies, investors and business leaders as EuroCham members, including some of the world’s leading enterprises in all sectors and industries. Nicolas Audier EuroCham marked two decades in Vietnam in 2018, and we celebrated with a special Co-Chairman Gala Dinner where we welcomed over 600 guests including EU ambassadors and the European Chamber of leaders of some of the biggest European enterprises in Vietnam. This followed ‘Meet Commerce in Vietnam Europe 2018’ where EuroCham brought together hundreds of our members with national and provincial leaders, including the Prime Minister, to facilitate stronger relationships between European enterprises and Vietnam’s national and provincial administrations. Our profile in Europe continued to grow in 2018. In October, we led a Mission to Brussels to push for a swift ratification of the EU-Vietnam Free Trade Agreement (EVFTA). During this Mission, we met with 4 EU Commissioners, as well as senior officials from across the Commission and Parliament. Our delegation also spoke at the European Parliament of Enterprises, and at a public hearing of the European Parliament’s International Trade (INTA) Committee. EuroCham was also honoured to join the Prime Minister of Vietnam twice in Europe, first in Brussels and later at the World Economic Forum in Davos, Switzerland. But if 2018 was about celebrating past success, 2019 is about looking to the future of EU-Vietnam relations. The EVFTA, which should be ratified soon, will open up new opportunities for companies and consumers in both Europe and Vietnam. Through a gradual tapering off of trade tariffs, enterprises in Vietnam will get greater access to Europe’s high-spending consumer market of over 500 million people. Meanwhile, imports will increase, giving consumers in Vietnam greater access to high-quality Denis Brunetti European goods like pharmaceutical and medical products, automobiles and wines & Co-Chairman spirits at more affordable prices. European Chamber of Commerce in Vietnam Just as European investment and know-how supported Vietnam through its modernisation over the last three decades, so the knowledge and expertise of our market-leading enterprises will support Vietnam during its continued growth and reform in the future. The Government is embracing the Fourth Industrial Revolution, and our members are dedicated to helping Vietnam unlock the advantages and accelerate the advancement of industry digitalisation and transformation through ICT start-up innovation and investment, helping Vietnam become even more competitive as it continues to leapfrog stages of socio-economic development. Indeed, this is the goal of our Whitebook, now in its 11th edition. In it, we gather the insights and concerns of European business, and share their recommendations to help improve the trade and investment environment. This report is a snapshot of the continuous work we engage with through our Sector Committees and in dialogue with the national and provincial leadership of Vietnam. If taken on board and addressed, we believe that these recommendations will help to improve the business environment in Vietnam and ensure that the country can fulfil its potential as a top global business, trade and investment destination. WHITEBOOK 2019 | TRADE & INVESTMENT ISSUES AND RECOMMENDATIONS | iii MESSAGE FROM THE EU AMBASSADOR MESSAGE FROM THE EU AMBASSADOR In 2018, global trade issues have taken centre stage of the world's political agenda. Trade dynamics have been altered by a wave of protectionism, while disruptive technologies under the umbrella of the Industrial Revolution 4.0 challenge traditional modes of production and business models. Against this background, the EU, as the biggest player on the global trading scene uniting 28 countries, has MESSAGE FROM THE EU AMBASSADOR FROM MESSAGE continued to promote an open trade regime with a common strategy aimed at encouraging sustainable growth that benefits all. Bruno Angelet EU Ambassador, The EU is the world's largest exporter of manufactured goods and services, and Head of the EU Delegation is itself the biggest export market for around 80 countries. EU exports support to Vietnam 36 million jobs within the Member States; a further 20 million jobs are supported outside the EU, including many in developing countries.