INTRODUCTION
Currently, globalization is a strong development trend in every country, whether
developing or developing. Like other trends and institutions so far, globalization has
both positives and negatives. More particularly than both aspects is the impediment to
globalization. That is also the current dilemma that each country is facing in the
context of market opening economy and extensive international integration in all fields.
It is possible that the factors hindering the globalization process have caused many
great consequences and greatly influenced not only economic integration and
commercialization but also related to culture, politics and society. ,...
Globalization and trade barriers are always a big concern of all countries in the world.
Those factors can lead to the reversal of international trade and investment, greatly
affecting emerging economies, which have high openness, which consider exports and
foreign investment as growth drivers. exactly like Vietnam.
In the face of very complicated changes related to trade and environment issues as well as
the new legal and regulatory system, it is extremely important to prepare to prevent, limit
and handle arising disputes. necessary, needs. From that fact, in this article I will present
the issues raised above along with finding the answer to the real situation for Vietnam
through the use of data from 2000 to present.


CONTENTS
Câu 1:
Globalization is the process in which the countries of the world cooperate and depend on
each other to create deeper and deeper linkages and interdependence between countries,
organizations or individuals in all directions. economic, political, military, cultural,
social... on a global scale. Globalization is the process of forming and operating a new
structure of the world economy as a unified whole. Especially in the economic context,
globalization is almost always used to refer to trade in general, especially the impact of
trade liberalization, also known as "free trade". From an economic point of view, one
would only see global capital flows leading to the flow of engineering, technology,
information and culture.

“Globalization is not a unitary mass but an evolving set of consequences – some good,
some bad, and some unforeseen” (John.B.Larson). Globalization always develops
according to an inevitable trend that is parallel with a number of consequences, including
positive, negative and unpredictable consequences. But globalization is born to make
differences between countries, globalization reaches its maximum to erase differences and
trade barriers.
Because the global economic growth is so fast, that any country will not connect and
learn, so it is inevitable that it will be left behind. The process of globalization takes place
in each country and nation and is derived from their own broad and international
development needs. The world economic linkage is expanding, accompanied by the
emergence of many economic and financial linkage organizations in the region and the
world such as the IMF, the World Bank or the European Union. …
Up to now, multinational companies are appearing with a huge trend, then it has a great
impact on the economic situation in that country, especially companies and corporations.
big …
When the consequences of the economic, scientific and technical revolution will change
the entire face of society, making a strong impact on people's psychology and the deeper


penetration of technology in the world. the daily life of every human being. Differences
between countries, globalization reaches its maximum to blur differences and trade
barriers.
The most authentic link for the issue of globalization born to blur differences and barriers
is the current world situation in the face of unpredictable developments of the Covid-19
pandemic. The publicity of countries and regions with high rates of vaccination against
COVID-19 is a testament to the statement made by the Director-General of WHO since
the beginning of the COVID-19 epidemic, "no one is safe until everyone is safe". safe".
The virus is constantly mutating and creating dangerous variants that are able to evade the
immune system and reduce the effectiveness of vaccines, scientists say. Meanwhile,
according to Tedros Adhanom Ghebreyesus, the world's unreasonable and unfair use of

vaccines has led to the pandemic that cannot be stopped on a global scale.
The head of WHO emphasized that the COVID-19 pandemic could have been controlled
if vaccines were distributed more equitably. Vaccination campaigns are deployed to
protect people worldwide, but only 1% of the population in low-income countries has
received at least one dose of the vaccine. While some of the wealthiest countries are
considering giving their people a third (replenish) dose, health workers, the elderly and
other vulnerable groups remain. of the world still do not have access to a vaccine. This is
not only a moral issue, but also an epidemiological and economic failure. The longer this
inequality persists, the less likely the pandemic will be over.
The cause of such a large vaccine pit is believed to be from the very first orientation in
vaccine development and distribution. Officials, mainly from the US and Europe, admit
that they never thought about the global vaccine problem, but mainly focused on
developing vaccines for domestic demand.
To combat vaccine inequality, the COVAX initiative, led by WHO, CEPI and the Global
Alliance for Vaccines and Immunizations (GAVI), aims to ensure that every country has
access to a COVID-19 vaccine. 19, regardless of financial potential. However, COVAX
does not have enough budget to secure vaccine supply contracts. Costa Rica and WHO
have collaborated on a plan for a technology-sharing platform to expand vaccine


production. However, no pharmaceutical group has agreed to share vaccine production
technology, even if it is paid. Neither government is promoting the initiative, according to
multiple unnamed sources familiar with the matter. Intellectual property rights are
weighed against public health priorities. COVAX currently has to rely on uncertain
vaccine funding sources, with most commitments extending to 2022. While these efforts
are far from positive, it is an effective division. effect of globalization. Differences
between countries, globalization reaches its maximum to blur differences and trade
barriers.
Câu hỏi 2:
This campaign began in late 2000, at times cooled down for a few months, then heated up

again, so loud and intense that some Americans called it the "catfish war" or the "new war
against Vietnam". . "Catfish" is the English name for all species of catfish (without
scales), including catfish, catfish, catfish, basa, trout, pompano... According to the fishery
classification system Scientifically, all the fishes mentioned above belong to the order
Siluriformes, which includes about 2,500 to 3,000 different species of fish, distributed in
water bodies.
fresh, salt and brackish water around the world. These fish are classified into different fish
families, including the American catfish family (Ictaluridae) and the Asian catfish family
(Pangasiidae). The catfish farmed in the US (Ictalurus puntatus) belongs to the American
catfish family, while the pangasius (Pangasiuu hypophthalmus) and pangasius (Pangasius
bocourti) commonly farmed in the Mekong Delta belong to the Asian catfish family.
On June 28, the President of the CFA Association sent a letter to US President G. Bush
asking the US Government to negotiate with Vietnam a separate agreement on catfish. In
the following months, the CFA Association hired the law firm Nathan Associates to
collect information and launch a propaganda campaign to discredit Vietnamese fish,
emphasizing that because of imported Vietnamese fish, the price of catfish is expensive.
in the US is reduced by up to 10%.


One of the dangerous contents planned by the CFA in their campaign is to mobilize,
pressure and entice parliamentarians of catfish farming states, mobilize all forces in the
legislature. and law enforcement, seeking all possible support to retaliate against imported
Vietnamese catfish products.
Under pressure from the CFA, on February 9, 8 senators and 4 congressmen, representing
states that raise a lot of catfish, signed a letter to Mr. The US trade representative
complained about the importation of pangasius and catfish from Vietnam causing damage
to the US catfish farming and asked the US Government to take measures to deal with it.
On July 11, the senators from the state of Mississippi, R.Sauer, B.Thomson, and senator
from the state of Arkansas, Marion Bari, gathered their forces. volume, calling on the
National Assembly to pass bill HR2439, under the name "labeling of origin" for farmed

fish imported in retail, with public arguments that smear Vietnamese products. However,
this bill was not passed, because the US Senate rejected a bill with similar content for
farmed agricultural products.
On August 15, US Congressman M.Rot sent a letter requesting that Vietnam take
measures to control the labeling of fish exported to the US. On August 17, the
representative of the Ministry of Fisheries of Vietnam had a reply, clearly informing the
measures that Vietnam has been taking. On September 27, the FDA (US Food and Drug
Administration) sent a letter requesting to send whole catfish samples of Vietnamese fish
species to the US and we did it right away. But the US side did not stop.
Vietnam's pangasius products have been subject to anti-dumping duties by the US since
2003 and every year has reviewed the applicable tax rates. Currently, the DOC is
conducting a review of POR17.
As mentioned, catfish is the common name of all catfish species, the use of the name
"catfish" (enclosed with adjectives identifying each species) for Vietnamese catfish
products is completely legal. and international trade standards. After all, it is Vietnam
who has gained more than lost in this case because it has confirmed the quality of its
products in the US market.


In terms of science, many American scientists, including Dr. C. Pherarite from the
California Academy of Sciences, have voiced their recognition of the catfish of the United
States. Vietnam belongs to the genus Pangasius as well as the catfish farmed Ictalurus
puncatatus in the US and most of the 2,500 species of catfish, belonging to 30-35
families, distributed around the world, are called by Americans and English speakers alike
"catfish".
In terms of law, according to current regulations of the US Food and Drug Administration
(US FDA), Vietnamese catfish species are allowed to carry the trade name with the word
"catfish" along with the word "catfish". an adjective defining the attached type. Basa fish
can use one of five names (Basa, Bocourti fish, Basa catfish and Bocourti catfish) and
pangasius can use one of three names (Swai, Sutchi Catfish and Striped catfish).

Regarding labels, seafood exporters are strictly complying with the regulations of the
FDA and the Government of Vietnam on the use of trade names for pangasius and basa,
as well as for all seafood products. is different. In addition, the export packaging is always
clearly printed "Product of Vietnam"

or "Made

in Vietnam" (Product of

Vietnam/Produced in Vietnam). This has been confirmed by the FDA and has been
reiterated in the Note dated July 16, 2001 of the Ministry of Fisheries to the US Embassy
in Hanoi, the letter of July 24, 2001 of VASEP and the Official Letter No. 453/CL/TH
dated July 26, 2001 of NAFIQACEN sent to FDA.

It is possible to quote the comment of Mr. R. Rachel, a famous American expert on
seafood make-up, "this is not a matter of quality, safety, hygiene, labeling, or anything
else, this is a matter of price arbitrage.. American catfish farmers are angry because
Vietnam has sold to the US market good quality catfish, at a price they cannot afford. It
was this mindset of the US government that was revealed through this incident.
On the Vietnamese side, the Ministry of Industry and Trade will continue to work closely
with the Vietnam Association of Seafood Exporters and Producers, Vietnamese exporters


and the US side to handle related issues in order to ensure the safety of their customers.
protect the legitimate rights and interests of Vietnam in the case.
Câu 3:
In fact, scientists have many different definitions of trade barriers. However, in general,
such barriers are understood as the laws, policies, regulations or practices of the
Government of each country within the common legal framework to limit or prevent trade
in goods and services. of foreign countries.

Trade barriers are first expressed through tariff barriers. Tariffs are applied firstly for the
purpose of increasing budget revenue for the government, and then for other purposes
such as preventing imports and protecting domestic goods, retaliating against another
country, protecting an important or nascent manufacturing industry in the country.
These barriers include: quotas, licensing, customs valuation, rules of origin, inspection of
goods before disembarkation, technical regulations, hygiene, labeling, subsidies, antishipping dumping, intellectual property... In which, widely used measures are:
Quantitative restrictions (quota), are considered to be more protective than tariff measures
and easy to distort trade. Therefore, Article XI of the GATT Agreement does not allow
member countries to apply measures to limit the quantity of goods imported or exported.
However, the GATT Agreement also makes some exceptions, allowing member countries
to apply quantitative restrictive measures under strict conditions. For example, to deal
with severe food shortages, protect the balance of payments, protect human health,
animals and plants, protect national security...
Import licensing must comply with the WTO Agreement on Import Licensing Procedures,
i.e. meet criteria such as simplicity, transparency and predictability. The order and
procedure for applying for a license as well as the reason for applying the license must be
clearly communicated, especially for non-automatic licenses.
Customs valuation for tax purposes can also become a major barrier to trade. For
example, the regulation on applying minimum prices to calculate import tax. Therefore,


the Agreement on Customs Valuation of the WTO stipulates specific principles in
determining the dutiable value of goods, obliging members to strictly and transparently
implement them.
About subsidieshis is a policy tool widely used and popular in most countries to achieve
the Government's goals of socio-economic development, political stability... There are
many other definitions. subsidies, but, according to the WTO, a subsidy is a financial
contribution provided by a Government or a State entity, either an income support, or a
price support and benefits for grant recipients.
The WTO Agreement on Subsidies and Countervailing Measures is divided into three

distinct levels: red light, yellow light and green light as in traffic. With the "red light"
completely banned - including subsidies based on export performance or encouraging the
use of domestic goods; “yellow light” means subsidies that are allowed to be used, but
can also be sued or taken countermeasures; the last is the "green light" level, which is a
fully floating general subsidy, because there is less distortion of commercial activities
such as dissemination and support for research and development, support for
disadvantaged areas, and equipment improvement support. are being used to meet new
environmental regulations.
Anti-dumping barrier is the act of selling goods in the market of the importing country at
a price lower than the selling price in the domestic market of the exporting country in
order to dominate the market or compete for market share. This practice is considered an
act of unfair competition because it is not based on common commercial criteria,
affecting the industry of the importing country.
The application of anti-dumping tax is to increase the price of imported goods and
overcome the bad effects of dumping. The WTO Anti-Dumping Agreement specifically
provides for criteria for determining dumping and remedial measures.
In fact, dumping, not only in developing countries, but also in industrialized countries in
the EU, Canada, the United States... According to data from the WTO Secretariat, from
From 1995 to June 2005, WTO members investigated 2,741 dumping cases. India has the


most cases with 412 cases, followed by the US with 358 cases, the EU with 318 cases...
After all, only 63% of the cases are subject to dumping tax, the highest is China, followed
by South Korea, the US, Japan, Thailand, etc.
Technical regulations, hygiene, labeling... Along with efforts to reduce taxes and adjust
traditional non-tariff measures in the WTO, more and more forms of technical trade
barriers appear. such as regulations on hygiene, technology, environment, product labels.
This is a scope containing many quite complicated and very strict regulations.
Currently, in the WTO, the SPS Agreement governs the application of sanitary and
phytosanitary measures and the TBT Agreement governs the application of regulations

related to product standards, labeling, certification acceptance and approval of
conformity. The objective of these two agreements is to enable Member States to
maintain sanitary and technical measures on the one hand for legitimate reasons, and on
the other hand to limit the possibility of their abuse to distort operations. global trade.
Trade-related investment measures, such as regulations requiring investors to use
domestic raw materials, setting export rates for products, or restricting foreign currency
sources used to pay for goods company imports... These measures are often widely used
by developing countries to limit imports and develop domestic industries.
To remedy this situation, the TRIMS Agreement introduced a list of investment measures
deemed inconsistent with the WTO's trade liberalization provisions and required members
not to maintain such measures. it's France.
Barriers to protection of intellectual property rights, inadequate enforcement of
intellectual property rights are also considered a major barrier to international trade
activities, because of counterfeit goods, counterfeit goods, and pirated goods. low prices
will limit the market access of the authentic product. This problem is especially serious in
countries where the enforcement of intellectual property rights is not strict, such as China.
In fact, in the US-China trade relationship, the issue of intellectual property rights
enforcement has become a tense topic many times. The WTO's TRIPS Agreement
governs trade-related intellectual property rights, including key rights such as copyright,


trademarks, geographical indications, industrial designs, trade secrets, and trade secrets.
commercial.
In addition to the main measures mentioned above, in international trade activities there
are many other forms of trade barriers. For example, such as government procurement,
state-owned enterprises, rules of origin, regulations on goods inspection before
disembarkation...
With the development of commercial activity and the tendency to regulate traditional
barriers, more and more sophisticated and disguised forms of barriers have emerged, often
related to technical, environmental and regulatory standards. market, labor, with the

ultimate aim of achieving a lot of surplus value for their businesses and their country in
the global common playing field.
Free trade is one of the great engines of economic development of every country.
Therefore, in the process of deep integration into the multilateral trading system, it is
extremely necessary to invest resources and time to study and understand to effectively
avoid these barriers.
One practical connection is the current context of Vietnam. The birth and development of
the World Trade Organization (WTO) is a solid step forward for the process of trade
liberalization on a global scale. However, due to many reasons, especially due to the
uneven level of economic development, all countries maintain trade measures to protect
domestic production, in addition to tariff protection measures. There are many other nontariff measures. If tariff measures are very clear and predictable, non-tariff measures can
"interfere" with the signals that guide the decisions of producers and consumers, the
signals that guide the allocation of resources. within the economy, dishonestly reflecting
competitive advantage. Although in theory, the WTO only recognizes tariffs as the only
legitimate tool of protection, practice has proven that countries do not stop using new
non-tariff measures.
The level of necessity and the underlying reasons for the protection of domestic
production are also different in each country, and the objects to be protected are also


different, making non-tariff barriers increasingly diverse. Multiple non-tariff measures
can be used to serve one goal, and on the other hand, a single non-tariff measure can
effectively serve several different objectives simultaneously. The general trend in the use
of non-tariff measures to protect domestic production is to shift from direct quantitative
restrictions to more sophisticated measures, such as technical standards, trade remedies,
anti-dumping, anti-subsidy, safeguard... In addition, the trend of using import-restrictive
measures associated with the requirement to comply with environmental and labor
standards is emerging and is being recognized. strongly supported by many developed
countries.
When a non-tariff measure that interferes with trade is not justifiable in the spirit and

principles of the WTO, the measure is considered a non-tariff barrier (NTB). In practice,
it is often difficult to distinguish between a non-tariff measure and a non-tariff barrier. In
addition, a non-tariff measure may be legal for one period but may be considered a nontariff barrier at another. In fact, the products being sued are increasingly diverse,
previously only items with a large turnover such as seafood and footwear, but now, even
items with a turnover of only a few tens of millions of US dollars. (such as springs,
beds…) also face lawsuits. In the case of PE bags, the US also sued both anti-dumping
and anti-subsidy. This case risks becoming a bad precedent for Vietnamese exports to this
large market.
It is worth noting that, while trade lawsuits in traditional markets such as the EU and the
US tend to decrease or stay the same, they tend to increase in developing countries such
as Brazil, Malaysia, Malaysia, Thailand, India, Egypt... because Vietnam's exports have a
relatively high growth rate (about 20%/year). Besides, the phenomenon of international
trade defense under the "domino" effect, the cumulative effect is also worrying.
Manufacturers of the importing country have the right to add up the market share of a
group of exporting countries to initiate a lawsuit. In many lawsuits, the forms of
accumulation for Vietnamese goods are the majority. The reason that trade remedy
lawsuits against Vietnam may continue to increase in the near future is that most trading
partners still consider Vietnam a non-market economy (NME). This often results in a


higher margin of dumping, requiring more effort and expense for the parties involved in
the investigation. Many countries have also abused trade remedies to protect domestic
goods. Recently, some countries especially developed countries are trying to create
barriers to international trade. Those are measures associated with the environment and
labor standards to limit imports. If these measures are applied, it will be very difficult for
Vietnam's export products to penetrate the markets of these countries.
In the future, the European Parliament will strengthen the review of the policy of the
European Commission (EC) related to trade remedies and anti-dumping. Exporters from
many countries, including Vietnam, will be affected by this move. This shows that
businesses will face more difficulties when exporting to the EU market.

Currently, the US Government is taking steps to prepare so that from January 1, 2018,
seafood and seafood products imported into this country must have labels proving the
origin, production, processing, and this regulation. excluding any product, of any country.
This will, of course, include shrimp and pangasius, Vietnam's main export items. For
businesses, to participate in the global supply chain, bringing goods to the US must meet
two mandatory conditions: must have a DUNS code (universally unique business
identification number) and exchange data. electronics (EDI).
The recommended solution at this time is to flexibly use a variety of methods. In the
business strategy, businesses need to clearly show the plan to protect the environment,
giving it an important position with reasonable funding. It is necessary to actively plan the
items to be invested, the necessary funds, the implementation roadmap... in order to turn
the task of environmental protection into a planned activity, meeting both immediate and
long-term requirements. for export operations. An urgent requirement is to quickly apply
environmental management systems such as ISO14,000, HACCP, good management
practices (GMP), and good farming practices (GAP).
Although the country is classified in the group of countries with the most regulations and
standards (currently there are 795 standards and 97 standards), in fact, many regulations
that Vietnam are applying again ... are not suitable. , spread out. The management system
is still in a state of "clumsy", leading to the inconsistency and synchronous standards


applied to enterprises. It is necessary to urgently review, adjust, supplement and develop
new standards on quality, techniques, requirements on labels, product packaging, food
hygiene and safety, animal and plant quarantine measures. compliance with WTO
requirements and international practices.
In the opinion of many experts, in the face of current integration pressure, what needs to
be done is to quickly socialize testing and certification activities. In particular, it is
advisable to boldly expand the certification test to private and foreign investment
conformity assessment organizations operating in this field, not only to organizations
under management agencies. Thereby promoting mutual recognition activities as well as

conformity assessment results carried out by domestic organizations to be recognized in
importing countries, as a "guarantee" of quality.


CONCLUSION
In conclusion, the development history of the market economy from the 15th century to
the present shows that there has always been a very basic relationship between the market
on one side and the state on the other. However, this basic relationship itself does not
exist in a static state, but it is constantly moving and changing in different economic
spaces as well as in time. Over the past two decades, the trend of globalization and
international economic integration has increased strongly, taking place comprehensively
in many fields: trade, finance, investment, as well as other fields. culture, society,
environment... with diverse forms and different levels, creating close, deep and fast-acting
relationships between economies around the world. gender. The current process of
globalization takes place on the basis of new tools, with the emergence of new characters,
new markets, new values, and movement on the basis of new regulatory frameworks. It is
these new factors that have been creating impacts and influences on the economic role of
the country. On the basis of an overview of the approach of a number of issues on
globalization and trade barriers, the article contributes to clarifying the impact of
globalization trends on each country and trade barriers in the context of globalization
current scene.


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