International Trade Law Assignment: Tutorials and Case Study

This document presents a comprehensive solution to an International Trade Law assignment. It begins with a table of contents and then provides answers to various tutorial questions, including true/false questions with explanations, short answer questions covering sources of international trade law, and comparisons of trade agreements like EVFTA and CPTPP. The assignment also includes a detailed case study involving a sale of goods between Vietnamese and Japanese companies, analyzing the application of CISG 1980 and the validity of acceptance and contract formation. Furthermore, the solution covers the World Trade Organization (WTO), its functions, and decision-making processes. The document offers a thorough analysis of key concepts and legal principles within the realm of international trade law.

Table of Contents
TUTORIAL 1.............................................................................................................................2
PART 2:..............................................................................................................................................2
PART 3:..............................................................................................................................................2
PART 4:..............................................................................................................................................4
TUTORIAL 2.............................................................................................................................6
PART 1................................................................................................................................................6
PART 2:..............................................................................................................................................6
TUTORIAL 3.............................................................................................................................7
PART 1:..............................................................................................................................................7
PART 2:..............................................................................................................................................7
PART 3:..............................................................................................................................................7
TUTORIAL 4...........................................................................................................................10
PART 1:.............................................................................................................................................10
PART 2:.............................................................................................................................................10
PART 3:.............................................................................................................................................11
PART 4:.............................................................................................................................................12
TUTORIAL 5...........................................................................................................................12
PART 1:.............................................................................................................................................12
PART 2:.............................................................................................................................................13
PART 3:.............................................................................................................................................14
PART 4:.............................................................................................................................................16
TUTORIAL 6...........................................................................................................................16
PART 1:.............................................................................................................................................16
PART 2:.............................................................................................................................................17
PART 3:.............................................................................................................................................18
PART 4:.............................................................................................................................................18
TUTORIAL 7...........................................................................................................................19
PART 1:.............................................................................................................................................19
PART 2:.............................................................................................................................................20
PART 3:.............................................................................................................................................20
1

TUTORIAL 8...........................................................................................................................22
PART 1:.............................................................................................................................................22
PART 2:.............................................................................................................................................22
PART 3:.............................................................................................................................................24
PART 4:.............................................................................................................................................25
TUTORIAL 1
PART 2: T OR F? AND EXPLAIN WHY?
1/ In case the subject is state, only states that have sovereignty can become the subject of
International Trade law and engage in certain international trade relations.
False
In practice, some countries without sovereignty or recognized restricted countries still participate
in the Law on International Trade such as Hong Kong, Macau, and Taiwan still join WTO as a
member state.
2/ All international customs are widely recognized and mandatory, when participating in
an international trade relation, subjects of international trade law must behave not
contrary to international customs.
False
International customs are not mandatory  only when both parties agree to refer them in the
contract or they are referred to in the domestic laws…..
According to Incoterms 2000, international trade practice is legally valid only for the parties to
perform when they agree to refer to in the contract.
According to Article 12 of the Incoterms 2000, the separate agreements are of greater legal force
than those explained in the Incoterms. In fact, Incoterms terms may not be consistent with certain
trading practices for certain occupations or regional practices.
PART 3: SHORT QUESTIONS
1/ Please describe sources of International Trade Law.
 1. Treaties
Article 2(1)(a) Vienna Convention on the Law of Treaties: “(a) 'treaty' means an international
agreement concluded between States in written form and governed by international law, whether
2

embodied in a single instrument or in two or more related instruments and whatever its particular
designation"
 2. Domestic law
This is a combination of regulations governing the activities of entities in international trade
activities. National law can be presented in written form or not in written form, depending on
certain legal systems.
 3. Customary law
It is a long-established trade habit with specific and clear content that is continuously applied and
commonly accepted by the entities in international trade transactions. International commercial
practice is only considered as the source of international trade law when it satisfies certain legal
conditions.
 4. International cases (case law)
Cases and decisions/judgments made by international jurisdictions (such as the International
Court of Justice (ICJ) of United Nations (UN), Dispute Settlement Body (DSB) of WTO, etc.)
are very important in the legal source system.
To resolve the dispute between subjects of International trade law, and usually, the losing party
is obliged to abolish the rules or terminate measures that are concluded as a violation of the
provisions of the relevant WTO agreements.
2/ When will the customary law become the source of international trade law?
Conditions to be source of ITL:
1. It is a long-established trade habit and must be applied continuously
2. It must have a specific content
3. It must be the only habit in international trade transactions
4. It must be understood and accepted by the vast majority of entities in international trade
3/ When will the national law become the source of international trade law?
Domestic law is applied in international trade in two cases:
 Case 1. Agreement to apply domestic law: Parties agree to choose the national law of one
in two parties or the law of the third country. The parties need to carefully understand the
content of the law of the third country to avoid the case that this selected law is
inconsistent with one or both parties and makes the terms of the agreement to choose the
law of the parties invalid
 Case 2. A conflict of law that references: To determine the capacity to conclude and
execute international commercial contracts, the international justice of most countries
applies the laws of the nationality of the parties. Although the parties do not agree to the
3

applicable laws when determining the legal capacity of the parties in international
commercial legal relations, they still apply the laws of the countries in which the parties
have a nationality, due to the conflicting norm.
4/ What is the difference between the EVFTA and the CPTPP in the government
procurement sector?
EVFTA là European Union–Vietnam Free Trade Agreement (tiếng Anh-Hiệp định Thương
mại Tự do EU-Việt Nam)
CPTPP là Comprehensive and Progressive Agreement for Trans-Pacific Partnership (Hiệp
định Đối tác Toàn diện và Tiến bộ xuyên Thái Bình Dương)
- Financial services: The EVFTA Agreement has a higher level of commitment when it
commits to consider favorably allowing EU credit institutions to increase their foreign holdings
to 49% of charter capital in two commercial banks. commercial shares (except for banks BIDV,
Vietinbank, Vietcombank and Agribank) of Vietnam within 5 years from the date of entry into
force of the Agreement.
- Transport services: In the EVFTA Agreement, for empty container consolidation and
redistribution services, right after the Agreement comes into force, we allow shipping service
providers. EU member states or EU members perform these services on the Quy Nhon - Cai Mep
route, after 5 years we will allow empty container redistribution services on all routes. With
dredging services, we allow EU businesses to establish a 51% joint venture to provide services in
Vietnam. As for airport ground services, we commit that after 5 years from the time we open the
door to the private sector, we will allow EU businesses to establish joint ventures with
Vietnamese partners, with foreign capital. not exceeding 49%, to bid to provide this service.
Three years later, the foreign capital limit will be 51%. These are higher commitments of the
EVFTA Agreement compared to the CPTPP Agreement.
- Distribution services: Both Agreements have a higher level of commitment than the WTO
at the point of removing the Economic Needs Test (ENT) requirement five years after the date of
entry into force of the Agreement. However, in the commitments on ENT, in the EVFTA
Agreement, we reserve the right to apply non-discriminatory planning and planning measures
while not making similar reservations in the CPTPP Agreement. In terms of commodities, in the
CPTPP Agreement, we have removed rice and cane sugar from preserving distribution services,
while maintaining the maintenance in the EVFTA Agreement. For alcohol, in EVFTA we have a
specific commitment to non-discrimination in the production, import and distribution of alcohol,
allowing EU businesses to reserve their operating conditions under current licenses. and only one
license is required to carry out import, distribution, wholesale and retail operations.
5/ / What is the similar and difference in the labor issues in both CPTPP and EVFTA
agreements?
Neither Agreement creates a new obligation, only reiterating the International Labor
Organization (ILO) labor standards. However, unlike the CPTPP Agreement, the EVFTA
Agreement does not have a mechanism to settle disputes or punish trade in case the parties
violate labor commitments
4

PART 4: CASE STUDY
Company A of Vietnam offers to sell some leather bags to Japanese company B. Offers will take
effect within 15 days from the time of sending (March 5, 2021). Receiving this offer on March
10, 2021, Company B sent a reply with the content of accepting the conditions of A offer and
only changing the content of the dispute settlement authority which is the arbitration of the
International Chamber of Commerce (ICC).
If CISG 1980 is applied in this situation, answer the questions:
1. Is B's reply considered an acceptance of the offer?
No. According to Article 19.1 of CISG 1980, a reply to an offer which purports to be an
acceptance but contains additions, limitations or other modifications is a rejection of the offer
and constitutes a counter-offer. In addition, according to Article 19.3 of CISG 1980, additional or
different terms relating, among other things, to the price, payment, quality and quantity of the
goods, place and time of delivery, extent of one party’s liability to the other or the settlement of
disputes are considered to alter the terms of the offer materially.
2. If B's answer is an acceptance of the offer but A received on March 28, 2021, will the
acceptance of the offer be valid?
There are 2 cases:
Case 1: B’s answer cannot become an acceptance.
No. According to Article 18.2 of CISG 1980, an acceptance of an offer becomes effective at the
moment the indication of assent reaches the offeror. An acceptance is not effective if the
indication of assent does not reach the offeror within the time he has fixed or, if no time is
fixed, within a reasonable time, due account being taken of the circumstances of the transaction,
including the rapidity of the means of communication employed by the offeror. An oral offer
must be accepted immediately unless the circumstances indicate otherwise
Case 2: B’s answer can be considered as an acceptance.
Yes, if without delay A orally so informs B or dispatches a notice to that effect. According to
Article 21.1 of CISG 1980, a late acceptance is nevertheless effective as an acceptance if
without delay the offeror orally so informs the offeree or dispatches a notice to that effect.
Or Article 21.2 of CISG 1980, if a letter or other writing containing a late acceptance shows that
it has been sent in such circumstances that if its transmission had been normal it would have
reached the offeror in due time, the late acceptance is effective as an acceptance unless,
without delay, the offeror orally informs the offeree that he considers his offer as having
lapsed or dispatches a notice to that effect.
3. If B's answer is to accept the offer, what date is the contract signed?
According to Article 18.2 of CISG 1980, an acceptance of an offer becomes effective at the
moment the indication of assent reaches the offeror. An acceptance is not effective if the
indication of assent does not reach the offeror within the time he has fixed or, if no time is fixed,
within a reasonable time, due account being taken of the circumstances of the transaction,
5

including the rapidity of the means of communication employed by the offeror. An oral offer
must be accepted immediately unless the circumstances indicate otherwise. Additionally,
according to Article 23 of CISG 1980, a contract is concluded at the moment when an
acceptance of an offer becomes effective in accordance with the provisions of this Convention.
Therefore, there are 2 cases:
Case 1: A receives an offer within 15 days from the time of sending, then this offer will take
effect from the time A receives the acceptance and the contract is also considered to sign from
the moment A gets the acceptance offer.
Case 2: If A receives the offer not within the time limit specified in the offer, the offer does not
take effect and the contract has not been signed.
TUTORIAL 2
PART 1: LEARNING OBJECTIVES
No
.
Topics Detail
4 World Trade Organization (WTO)  The history from the GATT to the WTO
 The World Trade Organization and its law
 Objectives
 Functions
 Institutional Structure of WTO
 Membership and Accession
PART 2: GIVE YOUR STATEMENT: T OR F? AND EXPLAIN WHY?
1/ All members of the WTO can join all bodies of the WTO.
False
Because WTO is an intergovernmental organization with members being governments of
countries and territories. All members participate in the general operating mechanism of the
organization. All WTO members may participate in all councils, committees, etc… except for
Appellate Body, Dispute Settlement panels, Textiles Monitoring Body and plurilateral
committees.
2/ Inheriting the way of decision-making in the GATT 1947, the WTO decision-adoption
mechanism is in all cases the consensus mechanism.
False
6

Most of decisions in WTO are passed by a consensus mechanism. However, in the following
cases, WTO decisions are adopted by special voting mechanism (consensus principle is not
applied). Specifically: Explain the terms of the Agreements, to be adopted if the votes are in
favor; Temporary suspension of WTO obligations for a member, passed if half of the votes are
in favor; Amendment of the Agreements, passed if two-thirds of the votes are in favor.
3/ Decisions of WTO can only be adopted by the Ministerial Conference.
False
Because the Ministerial Conference which only meets about every two years, the General
Council has the authority to act on behalf of the MC and becomes the WTO’s highest-level
decision-making body, meeting regularly to carry out the functions of the WTO and making
decision.
TUTORIAL 3
PART 1: LEARNING OBJECTIVES
I have read, understood the following topics: Please tick appropriate rounds
No
.
Topics Detail
5
World Trade Organization (WTO)
(cont)
 Some basic principles of the WTO
 Trade without discrimination (MFN, NT);
 Freer trade and Market Access;
 Predictability;
 Promoting fair competition;
 Encouraging development and economic
reform;
 Others
 Introducing WTO Commitments in Vietnam
PART 2: GIVE YOUR STATEMENT T OR F? AND EXPLAIN WHY?
1/ MFN and NT of WTO are principles that are only applied in the area of trading goods.
False
MFN and NT are principles that are applied not only in trade in goods, but also trade in services,
trade relating to investment, and trade relating to intellectual property rights (GATT, GATS,
TRIPS,...)
7

2/ In all cases, a member country is not allowed to discriminate between trade partners and
if a special status is granted to one trade partner, the country is required to extend it to all
members of WTO
False
There are some exceptions of MFN. For example, countries can set up a free trade agreement
(FTA) that applies only to goods traded within the group discriminating against goods from
outside. Or they can give developing countries special access to their markets.
PART 3: SHORT QUESTIONS
1/ Please provide the legal basis that WTO allows contracting parties to form a customs union
or a free-trade area through signing FTAs (the exception of MFN principle) (GATT 1994).
GATT PROVISIONS REGARDING THE MFN PRINCIPLE
MFN treatment is provided for in GATT Articles I, III:7, V, and XVII.
General Most-Favoured-Nation Treatment (GATT Article I:1)
Non-Discriminatory Administration of Quantitative Regulation Relating to the Mixture,
Processing or Use of Products (GATT Article III:7)
Non-Discriminatory Administration of Freedom of Transit (GATT Article V)
Non-Discriminatory Administration of Quantitative Restrictions (GATT Article XIII
State Trading Enterprises (GATT Article XVII)
As parties to the GATT 1994, WTO Members must grant the same most-favored-nation (MFN)
treatment to the products of other Members. FTAs, however, help to establish a free-trade
area that provide special treatments for cooperating states; therefore, the GATT contains an
exception for such agreements
According to Article XXIV of the GATT 1994: the provisions of this Agreement shall not prevent,
as between the territories of contracting parties, the formation of a customs union or of a free-
trade area or the adoption of an interim agreement necessary for the formation of a customs
union or of a free-trade area (Clause 5)…….
Câu hỏi về sự hình thành Free-trade area (FTA) – khu vực mậu dịch tự do được WTO cho phép
thể hiện tại Điều nào của GATT 1994
2/ What are exceptions of MFN principles?
EXCEPTIONS TO THE GENERAL PRINCIPLE OF MFN TREATMENT
GATT provides for exceptions with respect to the above-mentioned provisions concerning MFN
treatment.
1. Customs Unions/Free-Trade Areas (GATT Article XXIV)
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GATT Article XXIV provides that regional integration may be allowed as an exception to the
MFN principle only if the following conditions are met:
(1) tariffs and other barriers to trade must be eliminated with respect to substantially all trade
within the region;
(2) the tariffs and other barriers to trade applied to outside countries must not be higher or
more restrictive than they were prior to regional integration (see Chapter 16 “Regional
Integration”, Part II).
2. Enabling Clause: (This refers to the 1979 Decision on Differential and More Favorable
Treatment, Reciprocity and Fuller Participation of Developing Countries. Paragraph 2c allows
developing country members of the WTO exemption from the MFN principle when entering
regional or global arrangements to reduce or eliminate tariffs in trade in goods among
themselves.)
3. Regional trade agreements concluded between developing countries need not meet the
requirements provided for in GATT Article XXIV because of the preferential treatment based on
the Enabling Clause, and, regardless of the provisions of GATT Article I, contracting countries
can provide developing countries with different and favourable treatment without providing
the same to other contracting countries.
4. Other exceptions particular to MFN include GATT Article XXIV:3 regarding frontier traffic with
adjacent countries, and Article 1:2 regarding historical preferences that were in force at the
signing of the GATT,67. General exceptions to the GATT that may be applied to the MFN
treatment obligation include GATT Article XX regarding general exceptions for measures
necessary to protect public morals, life and health, etc., and GATT Article XXI regarding security
exceptions 3. Non-Application of Multilateral Trade Agreements Between Particular Member
States (WTO Agreement Article XIII)
3/ Please make the comparison between MFN and NT principles.
MFN (Most Favored
Nation)
NT (National
Treatment)
Similarity:
- Aim to achieve the equality in trading
- Trade without discrimination (phân biệt đối xử) -> prohibit/eliminate any discrimination
- Trade in goods (GATT); services (GATS); intellectual properties (TRIPS)
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Difference:
1. Subjects
(đối
tượng)
Between states (hàng hoá giữa các
nước với nhau đều phải được đối xử
công bằng)
Products of state (products from
different states have to receive the
same treatment)
International product vs. local
products
(hàng hoá từ nước ngoài nhập vào
phải được đối xử công bằng như
hàng trong nước)
2. Scope When one country grants a special
treatment for another, it has to do the
same with other members of WTO
(khi một nước A ban luật hoặc đối đãi
đặc biệt với một nước, thì nước A đó
phải đối đãi tương tự với tất các nước
khác thuộc WTO)
Impose taxes on international
products similarly when imposing
taxes on local products + with
similar rates
(Đánh thuế đối với các sản phẩm
quốc tế tương tự khi đánh thuế đối
với các sản phẩm địa phương)
3. Articles - Article I GAT
- Article XXIV GATT
- Article II GATS
- Article 4 TRIPS
- Article III GATT
- Article XVII GATS
- Article 3 TRIPS
TUTORIAL 4
PART 1: LEARNING OBJECTIVES
I have read, understood the following topics: Please tick appropriate rounds
No
.
Topics Detail
5 Influence of WTO in
Vietnam
Series agreements
with case examples
 The General Agreement on Tariffs and Trade 1994 (GATT
1994)
 Fundamental Principles of GATT 1994 (MFN, NT,
10

Transparency, Quantitative Restrictions (quotas), Tariff
Concessions;
 Exceptions of GATT (Arts. XII, XVIII, XX, XXIV, XXXVI-
XXXVII; Chapeau)
 The Agreement on the Implementation of Article VI of
the GATT'94 (the Anti-Dumping Agreement)
 Definition of Anti-Dumping;
 Anti-Dumping Measures: Temporary measures (Art.
VII), Price Undertakings (Art. VIII), Anti-Dumping Duties
(Art. IX);
 Conditions for applying AD Measures;
PART 2: GIVE YOUR STATEMENT T OR F? AND EXPLAIN WHY?
1/ The MFN principle of GATT apply to internal measures.
False. NT principle of GATT apply to internal measures, while MFN principle of GATT apply to
border measures. According to Arts. I, II of GATT
NT điểm 2, khoản 1, Article 2 of GATT 1994
MNF khoản 1, Article 1 of GATT 1994
2/ Anti – dumping duty shall be applied to the breaching member if there is dumping.
False. There are three measures for anti – dumping as follows: - Sai. Có ba biện pháp chống bán
phá giá như sau:
• Temporary measures(Art. VII) - Các biện pháp tạm thời
• Anti – dumping duty(Art. IX) - Thuế chống phá giá
• Price undertakings(Art. VIII) - Cam kết về giá
It depends on cases to apply to different measures. Thus, applying to anti – dumping duty for all
cases is not correct. Pursuant to Arts. VII,VIII, IX of GATT. - Tùy từng trường hợp mà áp dụng các
biện pháp khác nhau. Như vậy, áp dụng thuế chống bán phá giá cho tất cả các trường hợp là
không đúng. Căn cứ vào các điều lệ. VII, VIII, IX của GATT.
3/ Article XX of GATT 1994 allows a nation to contravene its WTO obligations in order to
protect the health and life of humans, animals and plants if the nation proves that such
action is necessary.
True. Theo khoản 1 article XX of GATT 1994. Đây là general expections để các nước có thể áp
dụng các biện pháp mà đi ngược lại các principles của WTO
CHÚ Ý: ĐIỀU 21 cho phép các quốc gia đi ngược lại principles để bảo vệ an ninh quốc gia
11

4/ Anti-dumping is one of trade remedies stipulated by Article IV of GATT and ADA.
Sai. Là Article 6 of GATT mới quy định về nội dung của anti-dumpingchứ không phải Article 4.
PART 3: SHORT QUESTIONS
1/ What are the conditions to apply Anti-dumping measures?
There are 3 conditions.
a) There is dumping – Article 2 of ADA
A determination of dumping requires a comparison between the export price of a product and
its normal value in the exporting country. The AD Agreement sets forth rule for the calculation
of export price and normal value.
b) There is injury to the domestic industry producing the like product - Có thiệt hại cho
ngành sản xuất sản phẩm tương tự trong nước – Article 3 of ADA
The government authorities must determine the injury to the domestic industry and that the
dumped imports are a cause of that injury. The AD Agreement provides for “cumulative
assessments” of the effects of imports on a domestic industry when imports of a product from
more than one country are simultaneously subject to anti-dumping investigations.
c) There is a link between the dumping and the injury. In other words, the dumped imports
are a cause of that injury. Mình phải prove relationship giữa dumping và injury
2/ What is the definition of Anti-dumping measures? Please list the Anti-dumping measures
and provide the legal basis. – ĐÂY LÀ PERSONAL REPORT.
PART 4: CASES
1/ There are 04 countries (A, B, C, D) including A, B, C are members of WTO, and D is not a
member of WTO. A imposes excise tax of 45% for cigarette products on the domestic market.
What is the tax that A shall apply to like products from B, C, D.
Theo Article 3 of GATT 1994 in term of MFN, các thành viên ở trong WTO giống như A sẽ được
apply tax of 45% for cigarette từ B, C. Còn D thì không phải thành viên WTO nên A có thể apply
high rate of tax. Trong trường hợp A và D có bilateral agreement riêng với nhau thì thuế có thể
cao hơn hoặc thấp hơn.
2/ There are A, B, C, D exporting alcohol products to country E (A, B, C, D, E are WTO
members).
- The product of A is Wine
- The product of B is Vodka
- The product of C is Gin wine
- The product of D is Whiskey.
Can E apply the same import duties on products from A, B, C, D comparing with domestic
products?
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Đầu tiên, t phải xác định xem thử là những products bao gồm 4 loại rượu (A,B,C,D) và product ở
nước E có phải là những like products không, dựa trên:
• The product’s properties, nature and qualities - Thuộc tính, bản chất và phẩm chất của
sản phẩm
• The product’s end-users in a given market - Người dùng cuối của sản phẩm trong một
thị trường nhất định
• Consumers’ tastes and habits, which change from country to country, and - Thị hiếu và
thói quen của người tiêu dùng thay đổi theo từng quốc gia
• The way to classify tariffs in the tax schedule
Khi đáp ứng đươc những điều kiện đó thì mới có thể xác định được like product hay không. Nếu
là like product, thì E can apply the same import duties on products from A, B, C, D comparing
with domestic products
CÂU NÀY KHÔNG CÓ CƠ SỞ PHÁP LÝ
TUTORIAL 5
PART 1: LEARNING OBJECTIVES
I have read, understood the following topics: Please tick appropriate rounds
No. Topics Detail
5
Influence of
WTO in Vietnam
Series
agreements
with case
examples
o Subsidies and Countervailing measures agreement (SCM
Agreement)
- Definition of Subsidy;
- Categories of Subsidy;
- Countervailing measures.
o Safeguard Measures Agreement (SA)
- Conditions to apply Safeguard measures
o The General Agreement on Trade and Services (the GATS)
- Modes of service supply;
- Main disciplines of GATS;
- Classification of service sectors;
- Schedule of specific commitments in service.
PART 2: GIVE YOUR STATEMENT T OR F? AND EXPLAIN WHY?
1/ According to SCM, assessing whether the subsidy is red light or not is only based on the
law (“de jure”) FALSE
13

→ Article III of SCM, the determination of prohibited subsidies is based on the performance of
exports, both ‘de facto’ and ‘de jure’.
2/ Countervailing duties are the only measures for subsidies; FALSE
→ Because under the SCM Agreement, there are 03 countervailing measures, including:
- Commitment to eliminate or limit subsidies 18.1(a) SCM;
- The exporter revises the price of products under Art. 18.1(b) SCM;
- Countervailing duties under Art. 19 SCM
3/ All subsidies are considered as a violation of the SCM Agreement; FALSE
→ Because there are 3 types of subsidies:
- Prohibited subsidies: red light (Art III of SCM)
- Actionable subsidies: yellow light (Article 5 of SCM)
- Non-actionable subsidies: green light (Article 8 SCM)
Giải thích yellow light + green light có bị cấm ko? Trường hợp nào ko bị cấm?
4/ The ADA, SCM and SA are agreements developed by WTO to combat the unfair trade
activities in international trade. FALSE
→ Because SA is not the agreement developed to combat the unfair trade activities in
international trade.
Article XIX of GATT and the SA Agreement, when and only when the conclusion is reached:
(1) There is an increase in imported goods.
(2) Unforeseen development.
(3) A serious damage occurred or a thread for a serious damage.
(4) Prove the cause-and-effect relationship,
Applying SA to protect domestic market.
PART 3: SHORT QUESTIONS
1/ What is the definition of Subsidy? And list all types of subsidies (provide the legal basis)
Answer:
14

a. Pursuant to Article 1 of the SCM, the definition of ‘subsidy’ contains three basic elements:
(i) a financial contribution;
(ii) granted by a government or any public body within the territory of a Member
(iii) which confers a benefit for commercial organizations or enterprises who receive the
contribution.
→ If any of the three elements is missing, then the progamme, scheme, etc. is NOT a subsidy
under SCM Agreement.
b. Under WTO, subsidies were classified into three categories:
(1) Prohibited subsidies (Part II SCM)
 It means subsidies that require recipients to meet certain export targets, or to use
domestic goods instead of imported goods (also known as "red light" subsidy) (Art III of
SCM)
 Both are prohibited because they are designed to directly affect trade and negatively
affect the interest of Member States.
 The determination of prohibited subsidies is based on markets the performance of
exports, both ‘de facto’ (based on fact) and ‘de jure’ (based on law).
(2) Actionable subsidies (Part III SCM)
 The subsidies are not prohibited but is subject to the application of countervailing
measures (also known as “yellow light” subsidy). The SCM defines three types of injury
that subsidies may cause as follows (Article 5 of SCM):
 One member’s subsidies may hurt a domestic industry in an importing country
 They may hurt rival exporters from another member when the two compete in
third market.
 Domestic subsidies in one member may hurt exporters trying to compete in the
subsidizing member’s domestic market.
(3) Non-actionable subsidies (Part IV SCM) (known as “green light” subsidies)
 Subsidies are not directed to a group of businesses/ industries/geographic area. Criteria
to apply the subsidy are objective, not considered arbitrarily by the governmental
body and do not create a specific favorable consequence to any subject (not include
specificity under Article 2 SCM) (Article 8.1(a) SCM); or
 Specific subsidies but meet certain conditions as follows (Article 8.1(b), 8.2 SCM):
 Subsidies for research activities conducted by companies or educational
organizations or based on economic contracts signed between companies and
research organizations;
 Subsidies for disadvantaged areas (with specific criteria for average income or
unemployment)
 Subsidies for environmental protection that the upgrade of equipment may be
the financial burden for companies.
15

2/ What are conditions required to apply the Safeguard measure?
Answer:
When and only when the conclusion is reached:
(1) There is an increase in imported goods.
(2) Unforeseen development.
(3) A serious damage occurred or a thread for a serious damage.
(4) Prove the cause-and-effect relationship
3/ List the modes of service supply in accordance with GATS and give example for each mode.
4 modes of supply: (ko có article)
Article 1(2) of GATS
(1) Cross Boarder Supply
Eg: A call centre located in country A, which provides assistance via the telephone to consumers
living in other countries.
(2) Consumption Abroad
The supplier remains in his/her own country and provides a service to a consumer, who moves
from his/her own country to receive the service.
Eg: A tourist moves from his country to go to a resort located in another country
(3) Commercial Presence
The establishment of a commercial presence in the territory of any other country.
Eg: A telecom company moves from country A to country B, where it sets up a subsidiary or a
branch (the consumer does not move, while the service supplier moves)
(4) Temporary Movement of Natural Persons
The service supplier is not a company, but a natural person supplying service through the
presence of natural person in the territory of any other country.
Eg: A doctor or a nurse who moves to another country to provide a medical service
PART 4: CASES
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1/ Country T is a member of the WTO. Every year, country T stipulates a quota on the number
of foreign films to be distributed domestically in order to protect the domestic cinema
industry. Does country T violate Article XVI of the GATS?
Answer:
To determine whether or not T is in violation of Article XVI of the GATS. We need to consider
the contents of the commitment to open the market in T's Schedule of commitments. If the
schedule of T's commitments to market access to foreign film services is included in the
schedule, country T has violated Article XVI of the GATS (particularly Article XVI.2 of the GATS).
Để xác định xem T có vi phạm Điều XVI của GATS hay không. Chúng ta cần xem xét nội dung
cam kết mở cửa thị trường trong Biểu cam kết của T. Nếu lịch trình cam kết tiếp cận thị trường
dịch vụ phim nước ngoài của nước T được đưa vào lịch trình thì nước T đã vi phạm Điều XVI của
GATS (đặc biệt là Điều XVI.2 của GATS).
TUTORIAL 6
PART 1: LEARNING OBJECTIVES
I have read, understood the following topics: Please tick appropriate rounds
No. Topics Detail
6 International
Contract
o The UN Convention on the Contracts for the International Sale of
Goods 1980 (CISG 1980)
- The scope of application;
- Opting out of the CISG;
- Definition of an international commercial contract of the sale
of goods;
- Formation of an international commercial contract;
- Form of contract, Validity of contract, Nature of goods,
Possession and Delivery, Contents of contract, Performance of
contract, Remedies in case of breach.
PART 2: GIVE YOUR STATEMENT T OR F? AND EXPLAIN WHY?
1/ In all cases, a late response cannot be considered as an acceptance.
F => According to Art. 21 CISG: (1) A late acceptance is nevertheless effective as an acceptance
if without delay the offeror orally so informs the offeree or dispatches a notice to that effect;
(2) if an acceptance has been sent in such circumstances that if it transmission had been normal
it would have reached the offeror in due time.
2/ CISG applies for all sale of goods that have foreign elements.
17

F => CISG only applies to goods that are movable and tangible (Chuyển được và hữu hình)
CISG excludes sales of (Art. 2 CISG)
- Goods bought for personal, family, or household use;
- Auction sales; Bán đấu giá
- Stocks, shares, investment securities, negotiable instruments or money;
- Ships, vessels, hovercraft, or aircraft; Tàu thủy, tàu thủy, thủy phi cơ hoặc máy bay
-Electricity.
3/ According to CISG 1980, any modification of the contents of an offer is considered as a
rejection of the offer;
F => Article 19(2) CISG
An Offer (Article 15 CISG)
(1) An offer becomes effective when it reaches the offeree
(2) An offer, even if it is irrevocable, may be withdrawn if the withdrawal reaches the offeree
before or at the same time as the offer.
Ex: Company A sends an offer from 10/04/2021 (The offer can be withdrawn) then Company B
receives the offer on 15/04/2021
4/ According to CISG 1980, a contract of sale of goods need be concluded in writing.
F => Article 11: “A contract of sale need not be concluded in or evidenced by writing and is not
subject to any other requirement as to form. It may be proved by any means, including
witnesses.” (in writing, orally, or even including witnesses)
5/ CISG 1980 governs only contracts for the international sale of goods concluded between
traders based in the Contracting States.
T => Requirements for application of CISG (Article 1 (1)(a))
The places of business are located in countries that have ratified CISG (the States are
Contracting States)
FALSE  CISG Article 1(1)(b)
PART 3: SHORT QUESTIONS
1/ In what situations can CISG be applied for the international sale of goods contract?
According to the regulations of CISG and the practice of international goods sale and purchase
contracts, there are 04 cases where CISG is applied:
1. When the parties have places of business in different countries that are members of the CISG
(pursuant to Art. 1 (1)(a) CISG); or
2. In accordance with rules of private international law, the applicable law is the law of a CISG
member state (pursuant to Art. 1 (1)(b) CISG; or
3. When the parties choose CISG as the law applicable to their contracts based on the choice of
law clause (opt-in); or
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4. When a dispute resolution body chooses CISG as the applicable law.
PART 4: CASE
1/ On August 5th 2020, Company A with the headquarter at Tan Binh District, Ho Chi Minh
City sent an offer to sell coffee for Company B located in Singapore with 1000 tons of coffee
with the price $400/ton. It would be delivered according to the FOB at Hai Phong port
(Incoterms 2010). The duration of delivery was from October 15th to October 30th 2020. The
offer indicated the validity of the acceptance that would be within 15 days from the date of
sending. Company B received the offer on 10 August 2020 and sent the acceptance to
Company A but requested the new price of $380/ton.
a. Is the response of Company B considered as an acceptance?
Khoản 1 điều 19 CISG
No: Article 19
(1) A reply to an offer that purports to be an acceptance but contains additions, limitations,
or other modifications is a rejection of the offer and constitutes a counter-offer
b. In case the answer of Company B is considered as an acceptance.
b1. When will the contract be concluded? (art 23 CISG)
Article 23: A contract is concluded at the moment when an acceptance of an offer becomes
effective in accordance with the provisions of this Convention.
b2. If Company A receives the acceptance on August 28th 2020, can it be a contract?
(art 21 CISG)
Yes if:
Article 21:
(1) A late acceptance is nevertheless effective as an acceptance if without delay the offeror
orally so informs the offeree or dispatches a notice to that effect.
(2) If a letter or other writing containing a late acceptance shows that it has been sent in such
circumstances that if its transmission had been normal it would have reached the offeror in due
time, the late acceptance is effective as an acceptance unless, without delay, the offeror orally
informs the offeree that he considers his offer as having lapsed or dispatches a notice to that
effect.
2/ On May 23rd, 2015, Nexo Company (based in Philippines – not a member of CISG) sent an
offer to Gila Company (headquartered in Singapore – CISG member but declared to reserve
Article 1.1(b) of CISG). Nexo Company offered to sell 200 Magic Home electric ovens with
$100/oven. At the same time, the offer also indicated that the validity of this offer was 30
days from the date Gila Company received the offer.
19

a. The parties did not agree to choose the applicable law. During the transaction, the
parties arose a dispute and in accordance with the rules of private international law
referred to the laws of Singapore. In this case, what law will be applied to this
contract?
The CISG
CISG does not apply if the rules of private international law lead to the application of the la w of
Member State (Singapore) that already declared to reserve Article 1.1(b) of CISG. Pursuant to
Article 95 of CISG, Any State may declare that it will not be bound by Article 1.1(b) of CISG
 The law of Singapore will be applied.
b. In case both parties agreed to choose CISG as the applicable law. When the Gila Company
received the offer, after 30 days, this company was still silent. Was the silence of Gila
Company considered as an acceptance?
No: Article 18 CISG: A statement made by or other conduct of the offeree indicating assent to
an offer is an acceptance. Silence or inactivity does not in itself amount to acceptance
TUTORIAL 7
PART 1: LEARNING OBJECTIVES
I have read, understood the following topics: Please tick appropriate rounds
No
.
Topics Detail
7 International
Contract (cont)
 UNIDROIT Principles of International Commercial Contracts
(PICC 1994)
 The Hague Convention on the Law Applicable to Contracts
for the International Sale of Goods, 1987 (Hague
Convention 1987)
 Applicable Domestic Laws (Vietnamese Law)
 International commercial terms (INCOTERMS)
PART 2: GIVE YOUR STATEMENT T OR F? AND EXPLAIN WHY?
1/ INCOTERMS 2010 conditions can be applied in a contract of sale of goods only if the
merchants agree in the contract.
T => Yes: The Incoterms rules are not mandatory. They are not laws enacted by governments,
but rather, guidelines agreed to by parties to a contract.
20

2/ Following CIF of INCOTERMS 2010, the risk of goods is transferred from the seller to the
buyer after the goods are loaded onto the means of transport in the country of seller.
F True => the risk of goods is transferred from the seller to the buyer after the goods are loaded
on board in the country of seller
3/ Following FOB of INCOTERMS 2010, the price for hiring means of transport and freight
insurance will be paid by the seller.
False, paid by BUYER. Seller just be respondible for inland transport, BUYER must be responsible
for Main carriage, including price for hiring means of transport & Insurance
(Giá FOB không bao gồm chi phí vận chuyển, bảo hiểm tới điểm đến, người mua phải chịu phí
thuê phương tiện chuyên chở, phí bảo hiểm hàng hoá và các chi phí phát sinh khác trong quá
trình chuyên chở.)
PART 3: SHORT QUESTIONS
1/ Analysis and make the comparison between FOB and CIF under INCOTERMS 2010.
FOB CIF
Risk transfers At the port of shipment once
goods are loaded onboard the
ship.
When will risks be transferred?
Mode of
transport
Intended for ocean or inland
waterway transportation only.
Better suited for bulk cargo.
Not meant for containerized
cargo.
Customs
clearance
Seller must carry out and pay
for all export clearance.
Buyer must carry out and pay
for all import clearance.
Delivery  On board the vessel.
 Nominated by the buyer.
 At the named port of
shipment.
 Or procures the goods
 On board the vessel.
 Or procures the goods already so
delivered.
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already so delivered.
Transportation
costs
Seller is responsible for all
transportation costs up to
the named port of
shipment:
 Loading and inland
transport.
 Export taxes, clearance.
 Unloading of vehicle in the
export port.
Loading fees in export port.
--------
Costs beyond the port of
shipment are for the buyer:
 Main carriage.
 Unloading fees in import
port.
 Loading to the transport
vehicle in import port.
 Transport to the delivery
address.
 Import formalities, duties,
fees.
 Unloading at named
destination.
Seller is responsible for all
transportation costs up to the named
port of arrival:
 Loading and inland transport.
 Export taxes, clearance.
 Unloading of vehicle in the export port.
 Loading fees in export port.
 Main carriage.
------------
Costs beyond the port of arrival are for
the buyer:
 Unloading fees in import port.
 Loading to the transport vehicle in
import port.
 Transport to the delivery address.
 Import formalities, duties, fees.
 Unloading at named destination.
Carriage
contract
Seller has no obligation to the
buyer to make a contract of
carriage.
Buyer needs for arranging
carriage
Seller must contract for the carriage of
goods from delivery to the agreed
destination.
Insurance Seller/ Buyer has no obligation
to the buyer/seller to make a
contract of insurance.
The seller must secure minimum cover
insurance on behalf of the buyer.
22

The insurance shall cover, at a minimum,
the price provided in the contract plus 10%
(i.e., 110%) and shall be in the currency of
the contract.
TUTORIAL 8
PART 1: LEARNING OBJECTIVES
I have read, understood the following topics: Please tick appropriate rounds
No. Topics Detail
8 International
Payment
/
Commercial
Dispute
Settlement
o International Payment
- International Finance Institutions: Bretton Woods, IMF, the
World Bank and other related institutions (GATT/WTO, UNO,
UNCTAD, UNCITRAL);
- Methods of payment and level of risk: Remittance; Collection
of payment; Open account; Letter of Credit (L/C)
- Concept of a letter of credit.
o Commercial Dispute Settlement Methods
o International Arbitration
PART 2: GIVE YOUR ANSWER? AND EXPLAIN WHY?
1/ According to UCP 600, what currency must insurance vouchers be issued?
a) On the commercial invoice
b) Under the provisions of the credit
c) In the commercial contract
d) Selected by the policyholder
ANSWER
According to Article 28.f.i of UCP600, The insurance document must indicate the amount of
insurance coverage and be in the same currency as the credit. --> B
2/According to UCP 600, in the insurance voucher, if the insured amount is not clearly
specified, what should be the minimum amount?
a) 100% of CIF price
b) 110% of the CIF price
c) 110% of the FOB price
23

d) 100% of the invoice price
ANSWER
According to Article 28.f.ii of UCP600, If there is no indication in the credit of the insurance
coverage required, the amount of insurance coverage must be at least 110% of the CIF or CIP
value of the goods.
--> B
3/ L/C modification can only be made by the bank that advised L/C.
True - According to Article 10.c of UCP600, The terms and conditions of the original credit (or a
credit incorporating previously accepted amendments) will remain in force for the beneficiary
until the beneficiary communicates its acceptance of the amendment to the bank that advised
such amendment.
4/ A dispute is settled by arbitration only when the parties have an arbitration agreement
before a dispute occurs.
False. Acording to Article 5 (1) (Law?) A dispute shall be settled by arbitration if the parties have
an arbitration agreement. An arbitration agreement may be made either before or after a
dispute arises.
5/ The arbitration agreement is not valid when the main contract is invalid.
False. According to Article 19 (Dieu 19 Luat trong tai thuong mai 2010) An arbitration
agreement is entirely independent from the contract. Any modification, extension,
cancellation, invalidation or nonperformance of the contract will not invalidate the arbitration
agreement. In more detail, the consideration of whether the arbitration agreement is valid will
be conducted by the arbitral tribunal and the competent court.
PART 3: SHORT QUESTIONS
1/ Analyze the advantages and disadvantages of International Commercial Arbitration.
Advantages Disadvantages
•Arbitrators with particular subject matter
expertise (offering more experts in particular
areas in comparison with court litigation); -
Trọng tài viên có chuyên môn về vấn đề cụ
thể (cung cấp nhiều chuyên gia hơn trong các
lĩnh vực cụ thể so với tranh tụng tại tòa án);
• Give the parties substantial autonomy and
control over the substantive law and
procedures that will be used to resolve their
• Arbitrators do not have the power to
enforce their award; - Trọng tài không có
quyền thực thi phán quyết của họ;
• Arbitrators may not impose penalties, if a
party fails to comply with an order of the
tribunal - Trọng tài không được áp dụng hình
phạt, nếu bên không tuân thủ lệnh của hội
đồng trọng tài tòa án
• A tribunal has no rights to consolidate
24

own disputes (choosing the arbitrators and
the rules, the place and the language of the
arbitration); - Trao cho các bên quyền tự chủ
và kiểm soát đáng kể đối với luật và thủ tục
cơ bản sẽ được sử dụng để giải quyết các
tranh chấp của riêng họ (lựa chọn trọng tài
viên và các quy tắc, địa điểm và ngôn ngữ
của trọng tài);
• Enforceability in national courts of arbitral
awards under the New York Convention
(unless there are serious procedural
violations, or problems that go to the
integrity of the process of arbitration) -Khả
năng thực thi tại các tòa án quốc gia về phán
quyết trọng tài theo Công ước New York (trừ
khi có vi phạm thủ tục nghiêm trọng hoặc các
vấn đề liên quan đến tính toàn vẹn của quy
trình phân xử)
• Confidentiality and privacy of dispute
resolution (most domestic courts do not
provide confidential hearings) – suitable for
business confidentiality; - Bảo mật và quyền
riêng tư của việc giải quyết tranh chấp (hầu
hết các tòa án trong nước không cung cấp
các phiên điều trần bí mật) - phù hợp với bảo
mật doanh nghiệp;
• Finality of decisions (no appeal); Tính cuối
cùng của các quyết định (không kháng cáo);
• Fewer investigation procedures in
arbitration, thereby generally resulting in a
shorter process than by court litigation. - Ít
thủ tục điều tra hơn trong trọng tài, do đó
thường dẫn đến một quá trình ngắn hơn so
với kiện tụng tại tòa án.
similar claims of different parties, even if this
would be more efficient for all concerned to
do so -– Hội đồng trọng tài Tòa án không có
quyền hợp nhất các tuyên bố tương tự của
các bên khác nhau, ngay cả khi điều này sẽ
hiệu quả hơn cho tất cả những người có liên
quan để làm như vậy
• Expensive costs: paid by parties;
administrative fees and expenses of an
arbitration institution (registrar to
administrate proceedings), hire rooms for
meetings and hearings rather than making
use of public court facilities; - Chi phí đắt đỏ:
do các bên chi trả; phí và chi phí hành chính
của một tổ chức trọng tài (cơ quan đăng ký
quản lý các thủ tục tố tụng), thuê phòng họp
và xét xử thay vì sử dụng các cơ sở của tòa
án công cộng;
• No appeal – risks - Không kháng nghị - rủi
ro
2/ Analyze the differences between Ad hoc and Institutional Arbitration.
Institutional Arbitration. Ad hoc Arbitration
Procedure to be
followed Pre-specified set of
rules/certain standards
Discretional choice of rules and
procedures, with limited general principles
of arbitration and certain mandatory
25

procedural rules
Timelines for
arbitration
proceeding
Fixed timelines for
conduct of an arbitration
Timelines are flexible as per requirement
of parties and arbitrations
Scrutiny and
Accountability
Administration of arbitral
proceeding by specialized
staff
Absence of scrutiny, only depends upon
the arbitrators and parties
Costs Administration fees and
arbitrator fees both are
mandatory
No administration free, but fee of
arbitrator is required
PART 4: CASES
1/ Company A has a head office in Vietnam and sends the goods to Company B in India. A and
B agree to use Letter of credit (L/C) which has content "the shipment is to be carried out from
any Vietnamese port to the Bombay port of India".
The bill of lading has the following contents: - Port of loading: Hai Phong port, Vietnam
- Port of discharge: port of Calcutta, India
- Final destination: Bombay port, India
Has A properly implemented L/C? (Using UCP 600)
ANSWER
According to Article 20.a.iii of UCP 600: Company A has not properly implemented with the LC
due to sending goods from any Vietnamese port to the Indian port of Bombay.
In fact, Company A sent the goods to the port of Calcutta, India instead of the port of Bombay,
India and voluntarily transferred the goods from the port of Calcutta, India to the port of
Bombay, India while the LC did not allow the transshipment.
2/ Company A has the headquarter in Da Nang, Vietnam and company B has the headquarter
in Cambodia that signed a contract to provide tourism services from Vietnam to Cambodia.
The dispute occurs when B fails to fulfill his contractual obligations. There is no article about
applicable law and dispute resolution in this contract. Can both parties choose to resolve the
dispute by arbitration? What should the parties do? Which law can be applied to govern the
arbitration agreement between parties?
In case Company A and Company B agreed to solve the dispute by arbitration in verbal “If any
dispute arises during the transaction, such dispute shall be resolved at the arbitration of
Vietnam” Can the arbitration of Vietnam resolve this dispute?”
26

Công ty A có trụ sở chính tại Đà Nẵng, Việt Nam và công ty B có trụ sở tại Campuchia đã ký hợp
đồng cung cấp dịch vụ du lịch từ Việt Nam sang Campuchia. Tranh chấp xảy ra khi B không thực
hiện nghĩa vụ theo hợp đồng. Không có điều khoản nào về luật áp dụng và giải quyết tranh chấp
trong hợp đồng này. Hai bên có thể lựa chọn giải quyết tranh chấp bằng trọng tài không? Các
bên phải làm gì? Luật nào có thể được áp dụng để điều chỉnh thỏa thuận trọng tài giữa các
bên?
Trong trường hợp Công ty A và Công ty B thỏa thuận giải quyết tranh chấp bằng trọng tài bằng
lời nói "Nếu có tranh chấp phát sinh trong quá trình giao dịch, tranh chấp đó sẽ được giải quyết
tại Trọng tài Việt Nam" Trọng tài Việt Nam có thể giải quyết tranh chấp này không? "
Answer:
- Both parties can choose to resolve the dispute by arbitration. Article 2 (1) of Law on
Commercial Arbitration, Arbitration's jurisdiction to settle disputes among parties which arise
from commercial activities. Or under Article 7 (1) Model Law, "Arbitration agreement" is an
agreement by the parties to submit to arbitration all or certain disputes which have arisen or
which may arise between them in respect of a defined legal relationship, whether contractual
or not.
Both parties have to make An arbitration agreement that may be in the form of an arbitration
clause in a contract or in the form of a separate agreement.
- The parties should determine:
 The venue where the arbitral proceedings are to be held.
 The national substantive law of the forum will be applied to the proceedings.
 Rules of procedure.
 Language.
- The Viet Nam law can be applied to govern the arbitration agreement between parties.
Because according to Article 4 (1) of the Rome I Regulation, if the parties have made no choice
of law, expressed or implied, a contract is governed by:
 The law of the country with which it is the most closely connected.
 The country where the party is to affect the performance characteristic of the contract
has residence or headquarters.
 The country in which the principal place of business is situated or, if the performance is
to be affected through a place of business other than the principal place of business, the
country in which that other place of business is situated.
- In case Company A and Company B agreed to solve the dispute by arbitration in verbal “If any
dispute arises during the transaction, such dispute shall be resolved at the arbitration of
Vietnam”. The arbitration of Vietnam cannot resolve this dispute because under Article 7 (3) of
Model Law, an arbitration agreement must be in writing, including exchange of letters, telex,
telegrams or other means of telecommunication which provides a record of the agreement.
(provide legal basis In Vietnam Law on Commercial Arbitration 2010)
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