Implementation of New-Generation FTAs in Vietnam: Labour, Environment, IP

Sustainable development is increasingly becoming a topic of concern for the international community. Countries also recognize that expanding international trade often requires impacts on the environment, because cross-border trade can create positive and negative impacts. Positive towards international efforts to protect the environment. However, free trade also has can include environmental protection when member countries of the unified trade institution set environmental protection standards in investment and trade procedures; or increase the effective use of natural resources, technology and bí Determined to be friendly to the environment.

In recent years, Vietnam has become increasingly proactive in promoting and protecting rights in the labor sector through the signing of free trade agreements (FTAs). Vietnam's perspective is to "proactively and actively integrate comprehensively and deeply", and at the same time, international labor integration is "deployed synchronously with international economic integration" [1]. With that orientation, Vietnam's integration policy is built in a unified manner according to the Party's guiding viewpoint and based on an overall strategy issued by the Government. It can be seen that the inclusion of labor issues in Vietnam's FTAs ​​is the expression and concretization of the corresponding contents in the integration policy. In this article, the author will focus on clarifying the content of Vietnam's integration policy in general and international labor integration in particular, evaluating the compatibility of regulations and commitments on labor issues in FTAs with Vietnam's integration policy and implementation practices, from which to make recommendations to take advantage of and promote the effectiveness of the implementation of regulations and commitments on labor issues within the framework of FTAs to successfully implement integration policies and Vietnam's sustainable development strategy. Keywords: FTA, labor issues, integration policy

With the goal of overcoming the downsides of globalization on labor rights protection, currently, many new generation Free Trade Agreements (FTAs) have recognized labor regulations, creating a trend of integrating labor provisions into new generation FTAs. Along with the European Union (EU), the United States is one of the two most prominent representatives, pioneering in creating a new model for labor-related provisions in FTAs. The article focuses on analyzing and comparing the US approach when integrating labor standards provisions into FTAs, through presenting the objectives, content regulations and enforcement of labor provisions. On that basis, the article evaluates the impact of these trends on the goal of protecting labor rights. Keywords: labor; non-commercial regulation; enforcement; new generation free trade agreement; USA

One of Vietnam's important commitments on labor in new generation free trade agreements, such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and the Free Trade Agreement between Vietnam and the European Union, is to eliminate all forms of forced labor as stipulated in ILO Conventions No. 29 and 105. Implementing this commitment is an important requirement not only to protect the basic rights of workers, but also to help Vietnamese businesses participate more effectively in international playgrounds, while creating a premise for Vietnam's sustainable development and integration. The presentation will analyze the criteria to identify labor unions according to ILO regulations, evaluate the current status of Vietnamese law on labor unions; Analyze the causes and current situation of labor unions in Vietnam; On that basis, the paper will also make some proposals to ensure the implementation of the commitment to eliminate labor unions in Vietnam. Keywords: Forced labor, Convention 29, Convention 105, New generation free trade agreement.

In the current context of globalization, countries around the world, including Vietnam, are constantly promoting the process of international economic integration through activities to expand comprehensive cooperative relations at many different levels, especially negotiating and signing new generation free trade agreements. In addition to traditional trade issues, new generation free trade agreements also address non-trade issues such as labor, specifically international labor standards. The article researches and clarifies legal issues related to standards for eliminating forced labor - one of four international labor standards in two strategic new generation free trade agreements that Vietnam is a member of in particular, including the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Free Trade Agreement between Vietnam and the European Union (EU-Vietnam Free Trade Agreement -EVFTA). In particular, the article deeply analyzes, evaluates, and comments on the similarities and differences between Vietnamese labor law and the two above-mentioned free trade agreements on eliminating forced labor, thereby recommending a number of solutions to effectively implement this obligation. Keywords: forced labor, EVFTA, CPTPP, Vietnamese labor law

For a long time, child labor exploitation has become an issue of concern at many different levels, because of its negative effects on children's rights to be protected and fully developed physically and mentally, as well as the risk of harming the economy's workforce. To deal with these risks, the International Labor Organization (ILO) has developed two important legal instruments, Convention No. 138 of 1973 on the Minimum Age for Employment, and Convention No. 182 of 1999 on the Prohibition and Urgent Action to Eliminate the Worst Forms of Child Labor. Not only that, in the current context of globalization, countries have witnessed many new generation free trade agreements (FTAs) being born, continuing to affirm the mission of eliminating child labor. Through analysis and comparison of ILO Conventions, FTAs ​​and Vietnamese law, the article evaluates Vietnam's ability to implement international commitments on eliminating child labor, thereby proposing a number of recommendations to help increase the effectiveness of implementing these commitments. Keywords: child labor, ILO, EVFTA, CPTPP, labor law.

After 35 years of innovation, Vietnam's economy has become more and more deeply integrated and many Vietnamese businesses have become important links in the global supply chain. During the integration process, Vietnam has participated in bilateral and multilateral economic institutions, especially recently with the signing of new generation free trade agreements. From the approach of ensuring fair trade, new generation Free Trade Agreements, in addition to recognizing content related to trade in general, also include ensuring basic labor standards. Among these basic labor standards, the standard of freedom of association and collective bargaining is the content of primary concern and is also the focus of amendments to the Labor Code in Vietnam recently. This article will analyze the suitability of Vietnamese law based on comparison with international labor standards on freedom of association and collective bargaining recorded in Convention 87 and Convention 98 of the International Labor Organization. Thereby, the article will also explain the progress points, strongly demonstrating Vietnam's commitment to perfecting the national legal system, and pointing out the challenges in implementing the above labor standards in the coming time.

Vietnam is one of the countries with a relatively comprehensive legal framework on protecting equality in labor. That both demonstrates the political determination of the Vietnamese State and reflects Vietnam's efforts as a member country of the International Labor Organization (ILO) to realize the ILO's international conventions in national law. To date, Vietnam has ratified a number of strategic new generation agreements such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership - CPTPP and the Free Trade Agreement between Vietnam and the European Union (EU) - EVFTA. New FTAs ​​will bring many market development opportunities for Vietnam but at the same time pose many new challenges for Vietnam in perfecting legal policies, especially in the field of labor law. In order for the commitments in the above two Agreements to be effectively implemented in practice, Vietnam needs to continue to build and perfect the policy and legal system, according to the committed roadmap. This has a significant impact on Vietnam's labor law system, because one of the important contents that these two Agreements aim to include labor issues with a focus on issues such as: i) Freedom of association and substantive recognition of the right to collective bargaining; ii) End all forms of forced or compulsory labor; iii) Effectively eliminate child labor; iv) Eliminate discrimination in employment and occupation. In particular, the issue of eliminating discrimination in employment and occupation is one of four core standards of the ILO, demonstrating a consistent view of gender equality and anti-discrimination as a requirement in the country's socio-economic development. Within the scope of this article, the author will present the legal issues and challenges in implementing labor standards "elimination of discrimination in employment and occupation" under new generation FTAs ​​in Vietnam. The article is structured in 4 parts: (1) Some legal issues on labor standards "elimination of discrimination in employment and occupation"; (2) Labor standards "elimination of discrimination in employment and occupation" according to a number of new generation FTAs ​​that Vietnam has ratified (specifically the CPTPP and EVFTA Agreements);  (3) Assess the compatibility of Vietnam's labor laws with the labor standards "elimination of discrimination in employment and occupation" according to a number of new generation FTAs ​​that Vietnam has ratified; (4) Some proposals to improve the law and improve the effectiveness of implementing labor standards "eliminating discrimination in employment and occupation" under some new generation FTAs ​​in Vietnam. Keywords: labor standards, discrimination, anti-discrimination, employment and career

Discrimination is one of the most hotly debated issues in legal and political forums. Discrimination is a phenomenon that needs to be limited and eliminated to achieve fairness and equality for everyone - values ​​that any progressive state strives for. In work, being treated with respect and fairness is the motivation for workers to continue contributing their strength and intelligence to economic activities. As the world's largest organization representing workers, the ILO has demonstrated a progressive perspective by defining the principle of equal pay for work of equal value as well as defining discriminatory behavior in labor. In addition, free trade agreements that Vietnam has recently joined such as CPTPP and EVFTA continue to emphasize the role of the parties in eliminating discrimination in labor. On that basis, the article will analyze and compare the above commitments and Vietnamese laws related to this issue, thereby specifically orienting the internalization of these commitments. Keywords: discrimination, labor, ILO, FTA, labor law.

In addition to concerns related to promoting cooperation and trade development, new generation FTAs ​​also devote part of their content to regulations on non-commercial issues, including sustainable development. Sustainable development is a harmonious combination between the needs of economic development and solving social problems, protecting the environment, respecting human rights... so as not to harm future generations. Biodiversity conservation is one of the important contents to ensure sustainable development. Within the scope of the article, the authors will analyze the role of biodiversity conservation for sustainable development, thereby studying the regulations in CPTPP, EVFTA and (iii) how member countries implement these regulations to preserve biodiversity for the purpose of sustainable development. At the same time, we also evaluate the compatibility of regulations on biodiversity conservation in Vietnamese law and the content of EVFTA and CPTPP to propose some recommendations for improvement. Keywords: New generation FTA, EVFTA, CPTPP, sustainable development, biodiversity conservation, environment

Like many other coastal countries, Vietnam is facing difficulties in preserving marine biodiversity. One of the reasons leading to this is unsustainable exploitation practices for aquatic products. Increasing overexploitation leads to the decline of fish species, and can have a strong impact on the physiological characteristics of fish species such as body weight loss, leading to changes in reproductive cycles and the ability to recover fish stocks, food chains and marine ecosystems. Environmental issues, including biodiversity, have been recognized in new generation FTAs ​​that Vietnam is a member of, typically the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and the Vietnam-European Union Free Trade Agreement. In addition to general regulations on biodiversity, the issue of marine biodiversity conservation is directly regulated by regulations on marine biological resources management with provisions related to conservation and sustainable exploitation of marine biological resources. The content of the article will analyze the practice of implementing Vietnam's commitments in new generation FTAs ​​on marine biodiversity conservation for aquatic resources to point out the positive results that have been achieved as well as the limitations in the process of implementing commitments, and on that basis, propose some solutions to enhance the effectiveness of implementing Vietnam's international commitments in this field. Keywords: Conservation of fish resources; fishing vessel monitoring; IUU.

The article analyzes the content on biodiversity mentioned in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European Union - Vietnam Free Trade Agreement (EVFTA); Vietnam's environmental legal regulations related to biodiversity aim to institutionalize these two Agreements, pointing out some of Vietnam's challenges in implementing commitments, thereby offering some solutions for Vietnam to improve the effectiveness of implementing these commitments. Keywords: Biodiversity, environmental commitment on biodiversity, Vietnam, Comprehensive and Progressive Agreement for Trans-Pacific Partnership, European Union-Vietnam free trade agreement.

The article analyzes content related to climate change as a common environmental principle and commitment mentioned in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European Union - Vietnam Free Trade Agreement (EVFTA); Vietnam's environmental legal regulations aim to institutionalize these two Agreements and provide a number of recommendations. Keywords: Climate change, Environmental Protection Law, Comprehensive and Progressive Agreement for Trans-Pacific Partnership, European Union-Vietnam free trade agreement.

EVFTA is a comprehensive, high-quality agreement, balanced in benefits for both Vietnam and the EU, and in accordance with the regulations of the World Trade Organization (WTO). Joining the EVFTA agreement is considered to bring many economic benefits to Vietnam, but besides that, this also leaves many difficulties and challenges, especially compliance with the implementation of climate change commitments in this agreement. Starting from that reality, the article focuses on analyzing and clarifying the commitments on climate change in the EVFTA agreement, pointing out some challenges that Vietnam will encounter when complying with the implementation of these commitments, thereby making some recommendations for improvement. Keywords: EVFTA Agreement, climate change, policy, law, environment, Vietnam.

The common feature of new generation free trade agreements (FTAs) is that they have a wide scope of regulation, going beyond normal trade issues. The Vietnam - European Union Free Trade Agreement (EVFTA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) are two new generation FTAs ​​with the most comprehensive scope of regulation with the widest and highest level of commitment of Vietnam ever. Deeply aware of the issue of sustainable development, including the relationship between trade and environmental policies, the issue of environmental protection in general and the protection of the ozone layer in particular has been stipulated in these agreements. In recent times, Vietnam has made many efforts in implementing commitments, including commitments on protecting the ozone layer. Besides certain results that have been achieved, the implementation of Vietnam's commitments still faces challenges. From analyzing the requirements for implementing commitments to protect the ozone layer in CPTPP and EVFTA, the article will evaluate Vietnam's implementation practices, and on that basis, propose some solutions to improve the effectiveness of implementing Vietnam's international commitments in this field. Keywords: CPTPP, Ozone layer protection, CPTPP implementation.

This article analyzes the regulations on trading greenhouse gas emission rights according to the provisions of the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement - considered traditional institutions of international environmental law on this issue. At the same time, the article will analyze the regulations of the new generation FTAs ​​that Vietnam is a member of: CPTPP, EVFTA; In addition to reviewing, evaluating and comparing the legal systems of Vietnam and some related countries, thereby providing experience for Vietnam. Keywords: CPTPP, EVFTA, UNFCCC, Kyoto Protocol, Paris Agreement, emission rights trading, Carbon Credit.

When studying regulations on intellectual property protection in new generation trade agreements, two main trends can be seen. First, WTO+ regulations are emerging, strengthening the protection of the commercial aspects of intellectual property rights, while at the same time risking affecting some human rights. Second, the exceptions that contribute to ensuring human rights are quite vague. This poses a big challenge in implementing the purpose of the TRIPs Agreement: harmonizing the rights and obligations of the parties, between social benefits and economic benefits ; At the same time, it brings benefits not only to the creators, but also to the users of technological knowledge. Keywords: human rights, intellectual property protection, trends, new generation regional trade agreements

Vietnam's participation in new generation trade agreements shows the Government's continuous efforts to promote comprehensive national development. New generation trade agreements open up many new opportunities while also containing many challenges for Vietnam. Although implementing commitments on intellectual property protection in trade agreements is the obligation of the parties, how to harmonize and ensure Vietnam's sustainable development when participating in those trade agreements is a challenge for lawmakers and policies. This article analyzes the sustainable development challenges that Vietnam is facing in the process of implementing new generation trade agreements on intellectual property rights protection. Keywords: sustainable development, intellectual property, CPTPP, EVFTA, challenges, implementation

Compulsory transfer of patent use rights (BCGQSDSC) is permission to use an invention from a competent state agency regardless of the will of the patent holder. As one of the cases limiting the rights of patent owners, BCGQSDSC is regulated in international law and in the laws of many countries, including Vietnamese law. In many new generation free trade agreements, BBCGQSDSC is recognized, bringing many opportunities and challenges to developing countries, especially in the field of public health protection. The following article will focus on analyzing some of the following content; (i) CPTPP and EVAFTA regulations on BBCGQSDSC aim to protect public health; (ii) Positive and negative impacts of BBCGQSDSC; (iii) Opportunities and challenges for Vietnam and developing countries in applying BBCGQSDSC to protect public health; (iv) Regulations of Vietnamese law on BBCGQSDSC for the purpose of protecting public health. BBCGQSDSC for other purposes such as BBCGQSDSC to limit the abuse of exclusive rights of the patent owner, BBCGQSDSC for the purpose of using dependent inventions... are not within the scope of this article's research. The article is also limited to analyzing the regulations on BBCGQSDSC in two new generation free trade agreements, CPTPP and EVAFTA, as well as the regulations in international law referred to by these two agreements and the provisions of Vietnamese law. Keywords: Compulsory transfer of patent rights, public health protection, CPTPP, EVAFTA, Trips Agreement, Doha Declaration on TRIPS Agreement and Public Health, Decision of the WTO General Council dated August 30, 2003.

Protection of industrial property rights is one of the important contents related to intellectual property issues agreed in the EVFTA agreement. However, the commitments on this issue are somewhat strict and higher than Vietnamese standards, which has created many challenges for Vietnam in complying and effectively implementing commitments on industrial property protection standards under the EVFTA. Starting from there, the article focuses on analyzing some outstanding provisions of EVFTA on industrial property protection standards, stating and clarifying the challenging issues that Vietnam faces when implementing these commitments, thereby offering some solutions to contribute to overcoming them. Keywords: Industrial property rights, protection, commitments, challenges, solutions, EVFTA.

The content of the article is the analysis, review and assessment of the compatibility of copyright regulations between the EVFTA Agreement and current Vietnamese law on copyright. Along with consulting the legal experience of some countries, the article will make some recommendations on Vietnamese legal regulations on copyright to ensure compliance with EVFTA Agreement regulations.  Keywords: Copyright, EVFTA Agreement, intellectual property.

The EVFTA Agreement was signed in 2019, Vietnam is obliged to implement the EVFTA commitments and international commitments on the balance between the rights of intellectual property rights holders and the interests of the public that have been implemented through the international legal framework from the Convention on Intellectual Property Rights. e on copyright, TRIPS Agreement, BTA with the United States to EVFTA Agreement [1]. These commitments are codified in IP law through copyright exceptions in different ways. The article analyzes the implementation of Vietnam's commitments and then provides necessary proposals for the draft amendments and supplements to the IP law [2]. Keywords: Balance of interests, fair use, copyright exception, copying, photocopying.   [1] See: http://evfta.moit.gov.vn/data/7d80034a-9a2a-4c93-8046-9df701661850/userfiles/files/EVFTA_en19-final.pdf . [2] The Intellectual Property Law 2005, amended and supplemented in 2009 and 2019 (IP Law) has had positive amendments related to balancing the interests of subjects through detailed regulations on copyright exceptions (Article 25 of the Intellectual Property Law).

Among the regulations on intellectual property rights enforcement, the EVFTA Agreement sets out the responsibilities of intermediary service providers for acts of infringement of copyright and related rights in order to strengthen the mechanism to prevent, stop and handle acts of infringement. The article analyzes the theoretical basis for forming the responsibility of intermediary service providers stemming from indirect acts of infringement, the provisions of the EVFTA Agreement on this issue and the challenges posed to Vietnamese intellectual property law. From there, identify some contents that need to be improved in the future to meet commitments under the EVFTA Agreement and current practical requirements. Keywords: intermediary service providers, copyright infringement, EVFTA, intellectual property

The issue of trademark protection is extremely important for businesses and their own production and business activities. In the context of international economic integration, this issue needs even more attention. Because, when expanding the market, the consequences of trademark infringement will be more severe and the level of impact on the business will also be more serious. Infringement of intellectual property rights in general and trademark infringement in particular harms genuine manufacturing enterprises, causes confusion, reduces customer trust in products registered for protection, and causes damage to consumers when purchasing fake, counterfeit and poor quality goods. The development of international trade activities contributes to increasing the number and diversity of trademarks requiring protection. Countries need to expand the scope of protection to "new" trademarks - non-traditional trademarks. For trademark protection to be effective, cooperation between countries and international treaties is indispensable. In recent times, Vietnam has continuously promoted and become a member of many new generation free trade agreements (FTAs), including agreements such as CPTPP, EVFTA and RCEP. These FTAs ​​all devote a part to regulating intellectual property in general and trademark protection in particular, including non-traditional trademarks. Within the scope of the article, the authors focus on researching (i) non-traditional trademark protection mechanisms in international law on intellectual property and (ii) in the regulations of CPTPP, EVFTA and RCEP. From there, the article (iii) evaluates the compatibility of Vietnam's intellectual property laws today and (iv) the opportunities and challenges for Vietnam after becoming a member of these FTAs. Keywords: trademark protection, new generation FTA, non-traditional trademarks, intellectual property law, sound trademarks, smell trademarks

In the digital economic environment, domain name misappropriation (cybersquatting) to carry out unfair competition practices, especially that can cause confusion with a protected trademark, is always a matter of concern for countries. A series of international legal instruments are proposed to be applied within the framework of free trade agreements. Usually it is to build an information linkage system to manage country code top-level domains and mechanisms to resolve domain name and trademark disputes. These requirements are also recognized within the CPTPP framework. However, the current domestic legal framework poses many challenges in Vietnam's implementation of these commitments. Keywords: brand; country code level domain name; domain name appropriation; cybersquatting; unfair competition; Resolve domain name disputes

The competitive element is an indispensable part of the economy, determining, supporting and the operating foundation of every market. To create a transparent and fair trade environment, Free Trade Agreements (FTAs) contain many regulations governing the trade policies of member countries, in which intellectual property legal policies receive the most attention. The goal of the new generation FTA Agreement is sustainable development. For that reason, Vietnam needs to review, amend and promulgate legal documents to show the serious implementation of international commitments, avoid unnecessary conflicts and achieve the highest benefits for the country and businesses. The Free Trade Agreement between Vietnam and the European Union (EVFTA) launched and concluded negotiations in the context of increasingly good bilateral relations between Vietnam and the EU and aimed to encourage creativity, protect and effectively exploit Vietnam's intellectual achievements, and encourage commercialization and rights transfer activities. Therefore, intellectual property regulations need to integrate the effective implementation of intellectual property commitments in the EVFTA specifically related to geographical indications. Keywords: geographical indications, VN-EU free trade agreement, legal policy, intellectual property.

EVFTA is a free trade agreement between Vietnam and EU member countries. On June 8, 2018, the Vietnamese National Assembly ratified the EVFTA agreement and took effect on August 1, 2020. CPTPP is a new generation free trade agreement. In 2009, Vietnam joined TPP as a special observer. After 3 negotiation sessions, Vietnam officially joined this Agreement. In November 2017, in Da Nang, TPP members agreed to change the name of the TPP agreement to the CPTPP agreement. Participating in these two agreements contributes to establishing equal partnerships and is a big step forward in the process of proactive international economic integration. However, joining these agreements also faces many difficulties and challenges, and the ability to change to adapt to the Agreements is still quite limited, especially the implementation of commitments on protecting plant variety rights. This article will analyze the regulations and commitments on the Protection of Plant Varieties in the two EVFTA and CPTPP agreements, point out some challenges for Vietnam, and thereby offer some solutions to help Vietnam improve efficiency when implementing commitments in these two agreements. Keywords: EVFTA Agreement, CPTPP Agreement, Vietnam, Protection of rights to plant varieties, Intellectual Property Law, New generation free trade agreement, FTA

This article mainly addresses the accountability of the Vietnamese Government in implementing intellectual property (hereinafter referred to as IP) commitments in new generation Free Trade Agreements (hereinafter referred to as FTAs). In addition, the role of inspection as an essential step in the state administrative management cycle is considered a tool that contributes to controlling the implementation of accountability in practice. Accordingly, the article mentions the need to establish Vietnam's accountability in implementing IP commitments, evaluate the current status of accountability as well as propose solutions to improve Vietnam's accountability in implementing IP commitments in FTAs, in which strengthening inspection and examination of the implementation of accountability is considered one of the effective solutions. Keywords: inspection, accountability; intellectual property; New generation FTA.

Thailand is under consideration whether to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) along with 4 ASEAN member states namely Brunei, Malaysia, Singapore, and Vietnam. Moreover, the negotiation of an FTA with the European Union, despite its halt in 2013, is expected to resume. This paper aims to study the challenge regarding the implementation of labour provisions which form part of new generation FTAs to which Thailand may become party. It will focus on the labour provisions in the CPTPP and the EU FTA model and examine the eventual impact on Thai labour law as well as to suggest institutional and legal reforms in case of Thailand’s decision to join the CPTPP and/or to conclude an FTA with the EU. Keywords : CPTPP, EU FTA, Labour provisions, Thailand

Vietnam has been more proactive in promoting and protecting labour rights with the signing of Free Trade Agreements (FTAs) in the last few years. The current policy of Vietnam is "proactive and active in comprehensive and in-depth inte ational integration", and inte ational labour integration is “undertaken in sync with inte ational economicintegration” [1] . Vietnam's integration policy has been built unanimously based on the guiding viewpoints laid down in the resolutions of the Communist Party of Vietnam and concretized in the strategies promulgated by the Vietnamese Gove ment. It can be clearly shown that the labour provisions in the Vietnam's FTAs ​​are in line with the integration policy of Vietnam. In this article, the author will focus on clarifying the content of Vietnam's integration policy in general and inte ational integration on labour in particular. Similarly, the article will assess the suitability of provisions and commitments on labour issues in FTAs ​​with Vietnam's integration policy and implementation status also. Finally, the article will make recommendations to effectively utilize and enhance the implementation of these provisions and commitments on labour issues in FTAs in order ​​to successfully implement the integration policy and sustainable development strategy of Vietnam. Key words: FTA, labour issues, integration policy

To mitigate the detrimental impacts of globalization on worker rights, the number of Free Trade Agreements (FTAs), including labor regulations, has quickly increased, resulting in a trend toward incorporating labor provisions into new-generation FTAs. Along with the European Union (EU), the United States (US) is considered as one of the most influential, having pioneered establishing innovative models for incorporating labor-related clauses in FTAs. The article analyzes and compares the US approaches to integrating labor standards provisions into FTAs, focusing on the goals, substantive rules, and inte ational labor standards and labor law implementation. The article next examines the impact of these trends on the goal of labor rights protection. Keywords: labor; non-trade rules; implementation; new- generation free trade agreement; US

One of Vietnam's key labour commitments when becoming one of members of the new-generation free trade agreements such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and EU-Vietnam Free Trade Agreement is to eliminate all forms of forced labour as stipulated in ILO Conventions No. 29 and 105. The implementation of this commitment is an important requirement not only to protect the basic rights of employees, but also to help Vietnamese enterprises stand out in the global stage, and concurrently to contribute to plant a seed for the sustainable development and integration of Vietnam. The paper will analyze the criteria for identifying forced labour according to ILO conventions and suggestions, assess Vietnamese regulations on forced labour; analyze the causes and the current problems of forced labour in reality; on this basis, some recommendations will also provided to ensure the implementation of the commitment to eliminate laborers in Vietnam. Key words:  Forced labour,  Convention  29, Convention 105, new-generation free trade agreement

In the current globalization context, various countries around the world, including Vietnam, are constantly accelerating the process of inte ational economic integration through activities to expand comprehensive cooperation at several different levels, especially negotiating and signing new-generation free trade agreements. In addition to traditional trade issues, new-generation free trade agreements also address non-trade aspects such as labour, specifically inte ational labour standards. This article will study and shed light on legal aspects related to the elimination of forced labour which is one of the four inte ational labour standards in two strategic new-generation free trade agreements to which Vietnam is a member in particular, including the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Free Trade Agreement between Vietnam and the European Union (EU-Vietnam Free Trade Agreement – EVFTA). Moreover, the article analyses, evaluates and gives some comments on the similarities and differences of Vietnam’s labour law and the two aforementioned free trade agreements on the elimination of forced labour, thereby proposing some recommendations to effectively implement the obligation set forth under the two mentioned agreements. Keywords: forced labour, EVFTA, CPTPP, Vietnam labour law

For as long as it may be, child labour exploitation has become a subject of multi-level attention as it deprives children of their basic rights to physical and mental development and protection to the fullest, and adversarially lead to the economic’s labor force breakdown. Confronting these risks, the Inte ational Labor Organization has maneuvered its two fundamental legal instruments, namely the Convention No. 138 of 1973 on Minimum labour age and Convention No. 182 of 1999 conce ing the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. What is more, in the context of today’s globalisation, inte ational entities have witnessed more and more new-generation free trade agreements consistently affirming their mission to eradicate child labour. The article, applying analytical and comparative methods to the provisions of the ILO‘s conventions, the FTAs and Vietnamese laws on elimination of child labour, shall try to examine the ability of Vietnam to fulfill these commitments and finally bring about a few recommendations to improve its fulfillment. Keywords: child labour, ILO, EVFTA, CPTPP, labor laws.

Vietnam is one of the countries has a relatively comprehensive legal framework for equal protection in labor. That both shows the political determination of the State of Vietnam and reflects Vietnam's efforts as a member state of the Inte ational Labor Organization (ILO) in realization of inte ational conventions of ILO in national law. To date, Vietnam has ratified a number of strategic new-generation agreements such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Free Trade Agreement between Vietnam and the European Union (EU) – EVFTA. The new FTAs ​​will of many market development opportunities to Vietnam but at the same time pose many new challenges for Vietnam in perfecting legal policies, especially in the field of labor law. To effectively implement the contents committed in the two Agreements, Vietnam needs to continue to develop and perfect a system of policies and laws, according to the committed roadmap. This has a significant impact on the Vietnamese labor law system, because one of the important contents that these two Agreements aim to cover includes labor issues with a focus on issues such as: i) Freedom of association and substantive recognition of the right to collective bargaining; ii) End all forms of forced or compulsory labor; iii) Effectively eliminate child labor; iv) Elimination of discrimination in employment and occupation. In particular, the issue of elimination of discrimination in employment and occupation is one of the four core standards of the ILO, expressing a consistent view that gender equality and anti-discrimination are a requirement in the socio-economic development of the country. Within the scope of this article, the author will present legal issues and challenges in enforcing labor standards that "eliminate discrimination in employment and occupation" under new generation FTAs. in Viet Nam. The article is structured in four parts:  (1) Some legal issues on labor standards “elimination of discrimination in employment and occupation”; (2) Labor standards “eliminating discrimination in employment and occupation” according to a number of new generation FTAs ratified by Vietnam (namely, the CPTPP and EVFTA Agreements);  (3) Assess the compatibility of Vietnam's labor law with the labor standard of "eliminating discrimination in employment and occupation" according to a number of new generation FTAs ratified by Vietnam;  (4) Some proposals to improve laws and improve the efficiency of labor standards enforcement "eliminating discrimination in employment and occupation" under some new generation FTAs in Vietnam. Keywords: labor standards, discrimination, anti-discrimination, employment and occupation .

Discrimination has long been one of the most hotly contested issues across political and legal fora. The practice of discrimination must be mitigated and eliminated in order to achieve universal justice and equality, which every gove ment in mode world should strive for. At work, being treated with esteem and fai ess is an incentive for employees to exert their values, intellectually and physically, in their engaging in various economic activities. As for its role as the world’s largest representative of the workers, ILO has proved its radical view conce ing these matters, in regulating the equal remuneration for work of equal value and the definition of discrimination in the field of labor. Moreover, the issue has also been reiterated in the most recent free trade agreements that Vietnam has become a part of. As such, the article provides an analysis and comparison between the aforementioned commitments and the domestic law of Vietnam, and with it, the recommendations for inte alizing the commitments. Keywords: discrimination, labour, ILO, FTA, labor law.

The WTO multilateral trading system encountered deadlocks at the Doha Round. In that context, Vietnam continues to pursue its integration policy by actively negotiating to participate in free trade areas with its important trading partners. Vietnam has signed 15 FTAs, including some major new generation FTAs such as EVFTA, CPTPP, EAEU-VNFTA, UKVNFTA with important counterparts in Europe and Asia-Pacific, which is viewed as the strategy to help Vietnam participate more deeply in the global supply chain. It should be noted that strategic trade agreements such as EVFTA and CPTPP have a wide range of commitments and the highest level of commitment of Vietnam ever. Specifically, in addition to regulations on traditional trade areas, these agreements also extend to "non-traditional" areas such as labour and the environment, posing many challenges to Vietnam in the effective implementation of its inte ational commitments. This article aims to address those challenges from macro-gove ance perspective as well as analyze the methods, strategies dealing with them. Keyword: EVFTA, CPTPP, post-WTO accession period, sustainable development

In addition to conce s related to promoting cooperation and trade development, new generation FTAs ​​also devote a part of the content to regulations on non-trade issues, including sustainable development. Sustainable development is a harmonious combination between the needs of economic development and solving social problems, protecting the environment, respecting human rights... so as not to harm future generations. Conservation of biodiversity is one of the important contents to ensure sustainable development. Within the scope of the article, the authors will analyze the role of biodiversity conservation for sustainable development, thereby studying regulations in CPTPP, EVFTA and analyze the methods Member States used to enforce these regulations to conserve biodiversity for the sake of sustainable development. At the same time, the authors also evaluate the compatibility of regulations on biodiversity conservation in Vietnamese law and the content of EVFTA and CPTPP in order to propose some recommendations for improvement. Keywords: New generation free trade agreements, EVFTA, CPTPP, sustainable development, biodiversity conservation, environment

In comparable with other coastal countries, Vietnam is reaching the acceptance for conserving marine biodiversity. Unsustainable fishing practices for fisheries is accounted for the mentioned difficulties. The increasing of overfishing leads to the decline of fish species and forcefully affect the physiological characteristics of fish species such as the loss of total weight that lead to certain changes in the reproductive cycles and the ability to recover the fish population, food chains and marine ecosystems. Environmental issues, including biodiversity, has been regulated in the new generation FTAs to which Vietnam is a member. Typical examples can be recorded such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and the Vietnam - European Union Free Trade Agreement. In addition to the general regulations on biodiversity, the issue of marine biodiversity conservation is directly regulated by regulations on marine biological resources management with provisions related to conservation and sustainable exploitation of marine biological resources. The article will analyze the implementation of Vietnam's commitments in new generation FTAs on the conservation of marine biodiversity for fish resources. Its aim is to point out the positive results as well as limitations in the implementation of commitments. From that basis, it proposes some solutions to enhance the effectiveness of Vietnam's implementation in accordance with inte ational commitments. Key words : Fish resources conservation; Fishing vessel monitoring; Illegal, unreported, unregulated fishing.

The article analyzes the biodiversity content mentioned in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European – Viet Nam Free Trade Agreement (EVFTA); environmental regulations related to biodiversity of Vietnam to institutionalize these two Agreements, point out some challenges of Vietnam in implementing commitments, thereby offering some solutions for Vietnam improve the effectiveness of these commitments. In addition to the problem statement and conclusion, the content of the article includes: - Regulations of EVFTA, CPTPP on biodiversity - Vietnam's challenge in ensuring the implementation of EVFTA and CPTPP commitments on biodiversity - Some recommendations Keywords: Biodiversity, environmental commitment on biodiversity, Vietnam, CPTPP, EVFTA.

The article analyzes the contents related to climate change as a principle and common environmental commitment mentioned in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the European – Viet Nam Free Trade Agreement (EVFTA); Vietnam's environmental legislation aims to institutionalize these two Agreements and make some recommendations. In addition to the problem statement and conclusion, the content of the article includes: - Regulations of EVFTA, CPTPP on climate change - Vietnam's policies and laws on climate change - The current situation of applying the law on climate change and some challenges of Vietnam in ensuring the implementation of the commitments of the EVFTA and CPTPP on climate change - Some recommendations Keywords: Climate change, Law on environmental protection, CPTPP, EVFTA.

EVFTA is a comprehensive, high-quality agreement that balances benefits for both Vietnam and the EU, and is in line with World Trade Organization (WTO) regulations. Joining the EVFTA is expected to bring many economic benefits to Vietnam, but this also leaves many difficulties and challenges, especially the implementation of climate change commitments in this agreement. Stemming from that fact, the article focuses on analyzing the commitments on climate change in the EVFTA, pointing out some of the challenges that Vietnam will face when complying with the commitments on climate change in this agreement, thereby making some complete recommendations. Keyword: EVFTA, climate change, policies, laws, environment, Vietnam.

The common feature of new generation free trade agreements is that they have  a wide scope beyond ordinary trade issues. CPTPP and EVFTA are two of largest new generation free trade agreements that Vietnam has negotiated. Towards the goal of sustainable development, in addition to trade polices, environmental policies are also promulgated in these agreements. As a member of two treates, Vietnam has made many efforts in implementing its commitments, including the commitments on ozone layer protection. However, In addition to certain results that have been achieved, the implementation of Vietnam still has challenges. After analyzing the requirements in implementing the commitment on protecting the ozone layer in the CPTPP and EVFTA, the article will evaluate Vietnam's implementation (in both legal and practical aspects), and on that basis, propose some solutions to improve the efficiency of Vietnam's implementation of inte ational commitments in this field. Keywords: CPTPP, protection of ozone layer, implementation of CPTPP.

The article analyzes: (i) the regulations on greenhouse gas emission trading under three traditional institutions of inte ational environmental law—the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol and the 2015 Paris Agreement; (ii) the provisions of the new-generation FTAs to which Vietnam is a party: the CPTPP, EVFTA, and VN-EAEU FTA. After reviewing, evaluating and comparing the legal system of Vietnam with those of relevant countries, the article then suggests some lessons for Vietnam. Key words: CPTPP, EVFTA, UNFCCC, the  Kyoto Protocol, The Paris Agreement, greenhouse gas emission trading, Carbon Credit.

While examining provisions related to intellectual property rights protection in new-generation trade agreements, we can note 2 trends. Firstly, the WTO+ provisions are adopted, enhancing the protection of trade-related aspects of intellectual property rights, while threatening to affect some human rights. Secondly, exceptions related to protection of human rights in these new-generation trade agreements are rather modest. This may be a big challenge for the implementation of the TRIPs agreement’s objectives: balancing parties’ rights and obligations, contributing to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare. Keywords: human rights, intellectual property rights protection, trends, new-generation regional trade agreements

Vietnam's participation in the new generation trade agreements shows the Gove ment's constant efforts in promoting the country's comprehensive development. These new generation trade agreements not only open many new opportunities but also contain many challenges for Vietnam. Although the implementation of commitments on the protection of intellectual property rights in trade agreements is the parties’ obligation, how to harmonize and ensure the sustainable development of Vietnam when participating in trade agreements is a challenge for lawmakers and think tanks. This article analyzes sustainable development challenges that Vietnam is facing in the process of implementing new generation trade agreements on intellectual property rights protection. Keywords: Sustainable development, intellectual property, CPTPP, EVFTA, challenges, enforcement.

Compulsory licensing of patent is the permission to use a patent from a gove ment without depending consent of the patent owner. Being one of the restrictions of rights applied to patent owner, patent compulsory licensing is provided in inte ational law as well as in national legislation, inclusing Vietnamese law. Patent compulsory licensing is acknowledged in many new-generation free trade agreements, which brings many opportunities and challenges for developing countries, especially in matter of public health. This paper focuses on analysing these matters: (i) Provisions of CPTPP and EVAFTA on patent compulsory licensing in order to protect public health; (ii) Positive and negative impacts of patent compulsory licensing; (iii) Opportunities and challenges for Vietnam and other developing countries in implementing patent compulsory licensing for purpose of protecting public health; (iv) Provisions of Vietnamese law on patent compulsory licensing in order to protect public health. Compulsory licensing of patent for other reasons, such as patent compulsory licensing for reason of restricting exclusive abuse of patent owner or for reason of using dependent patent… are out of researching scope of this paper. This paper is also limited on analysing provisions of patent compulsory licensing in two new-generation free trade agreements that are CPTPP and EVAFTA as well as provisions in inte ational law which are referred to by those two FTAs and Vietnamese law. Keywords: Compulsory licensing of patent; patent compulsory licensing; protecting public health; CPTPP; EVFTA; TRIPs Agreement; Doha Declaration on TRIPs and Public Health; Decision of the WTO General Council on 30/8/2003.

Protection of industrial property rights is one of the important contents related to the issue of intellectual property agreed in the EVFTA agreement. However, the commitments in this regard are somewhat stricter and higher than Vietnamese standards, which has created many challenges for Vietnam in complying with and effectively implementing its commitments on industrial property rights protection standards under evfta. From there, the article focuses on analyzing some of evfta's outstanding regulations on standards for protection of industrial property rights, stating and clarifying the challenges that Vietnam faces when implementing these commitments, thereby offering a number of solutions to contribute to overcoming them. Keyword : Industrial property rights, protection, commitments, challenges, solutions, EVFTA.

The article analyzes, reviews, and evaluates the compatibility of copyright regulations between the EVFTA and the current Vietnamese law. Along with consulting the experiences in the laws of some countries, the article will make some recommendations for Vietnam's legal regulations on copyright to ensure compliance with the EVFTA. Keyworks : Copyright, EVFTA, Intellectual Property.

The EVFTA Agreement was signed in 2019, Vietnam is obliged to implement the commitments of the EVFTA and inte ational commitments on the balance between the rights of intellectual property rights holders and the interests of the public. They have been implemented through the inte ational legal framework from the Be e Convention on Copyright, the TRIPS Agreement, the BTA with the United States to the EVFTA Agreement. These commitments are codified in IP law through copyright exceptions in different ways. The article analyzes the implementation of Vietnam's commitments, thereby making necessary recommendations for the draft amendments and supplements to the IP law. Keywords: Balance of interests, fair use, exception of copyright, copying, reproducing.

Among the provisions on enforcement of intellectual property right, the EVFTA sets forth the responsibility of intermediary service providers for infringements of copyright and related rights in order to strengthen the prevention mechanism, prevent and handle infringements. The article analyzes the theoretical basis for forming the responsibility of intermediary service providers stemming from indirect infringement, the provisions of the EVFTA on this issue and the challenges posed to the domestic law. From there, identify a number of contents that need to be completed in the future to meet the commitments under the EVFTA and current practical requirements. Keywords: intermediary service provider, copyright infringement, EVFTA, intellectual property

The topic of trademark protection is of utmost importance for companies' production and their business activities. In the context of inte ational economic integration, the topic mentioned needs a more significant conce from economists, lawyers, lawmakers, and gove ments. With the expansion of the market, the consequences of trademark infringement become more severe and the impact on companies will be at the new extreme. Infringement of industrial property rights in general and trademark infringement in particular harm genuine production enterprises, mystify and lessen customers’ confidence in registered products, and at the same time, increase the risk that the consumers having encountered counterfeit, forged, and inferior goods. The development of inte ational trade activities contributes to an increase in the number and variety of trademarks to be protected. Countries need to expand protection subject to "new" trademarks or non-traditional trademarks. The practice of trademark protection activities could not be terminated without the collaboration of countries and inte ational treaties.  Vietnam has continuously promoted many new-generation free trade agreements (FTAs), namely CPTPP, EVFTA, and RCEP. The FTAs mentioned are all participating in regulating intellectual property in general and trademark protection in particular, including non-traditional trademarks. Within the article, the authors focus on (i) the non-traditional trademark protection mechanism in inte ational intellectual property law and (ii) the provisions of the CPTPP, EVFTA, and RCEP. From there, the article assesses (iii) the compatibility of Vietnam's current IP law and (iv) the opportunities and challenges for Vietnam after accession to the FTAs. Keywords : trademark protection, new-generation FTA, non-traditional trademark, intellectual property law, sound mark, scent mark.

In the digital economy environment, domain name appropriation (cybersquatting) to perform acts of unfair competition, especially can cause confusion with a protected trademark is always the key matter with the nations. The mumber of inte ational legal instruments are proposed to be applied within the framework of free trade agreements. In particular, it set up an information linkage system to manage country code top-level domains and pre-domain-trademark dispute resolution mechanisms. These requirements are also recognized in the CPTPP. However, the current domestic legal framework poses many challenges in Vietnam's implementation of these commitments. Keywords: trademark; country code pond level domain name; domain name misappropriation; cybersquatting; Unfair competition; domain name dispute resolution

The competitive factor is an integral part of the economy, deciding, supporting and underpinning the operation of all markets. In order to create a transparent and fair trade environment, the Free Trade Area Agreements (FTAs) contain many provisions on regulating trade policies of member countries, in which, the legal policy on intellectual property occupies the most attention. The goal of the new generation FTA is sustainable development. Therefore, Vietnam needs to review, amend and promulgate legal documents to show the serious implementation of inte ational commitments, avoid unnecessary conflicts and achieve the highest interests for countries and businesses. The Free Trade Agreement between Vietnam and the European Union (EVFTA) has ended negotiations in the context of the increasingly better bilateral relationship between Vietnam and the EU and aimed to encourage innovation, effectively protect and exploit Vietnam's intellectual achievements, and at the same time encourage commercialization and rights for transfer activities. Hence, intellectual property regulations need to be integrated with the effective implementation of commitments on intellectual property in the EVFTA specifically related to geographical indications. Keywords: geographical indication, EVFTA, legal policy, intellectual property.

EVFTA is a free trade agreement between Vietnam and EU member states. On June 8, 2018, the National Assembly of Vietnam ratified the EVFTA. The agreement took effect on August 1, 2020. CPTPP is a new generation free trade agreement. In 2009, Vietnam joined the TPP as a special observer. After three rounds of negotiations, Vietnam officially joined this agreement. In November 2017, in Da Nang, TPP members agreed to rename the TPP into CPTPP. The participation in these two agreements contributes to the establishment of equal partnerships, which is a major step forward in the progress of proactive inte ational economic integration. However, the accession to these agreements faces many difficulties and challenges, the flexibility to conform to the Agreements is also quite limited, especially the implementation of commitments on protection of rights to plant varieties. The article is going to analyze the provisions and commitments on protection of rights to plant varieties in the EVFTA and CPTPP, pointing out some challenges for Vietnam, thereby offering a number of solutions to help Vietnam improve its efficiency when implementing the commitments in these two agreements. Keywords: EVFTA, CPTPP, Vietnam, Protection of Rights to Plant Varieties, Intellectual Property Law, New Generation Free Trade Agreement, FTA

This article mainly deals with the accountability of the Gove ment of Vietnam in the implementation of commitments on intellectual property (hereinafter referred to as IPR) in the Free Trade Agreements (hereinafter abbreviated as IP). is FTA) new generation. In addition, the inspector's role as an essential stage in the state administrative management cycle is considered a tool to contribute to controlling the implementation of accountability in practice. Accordingly, the article discusses the need to set the accountability of Vietnam for the implementation of IP commitments, assess the current situation of accountability, and propose solutions to improve accountability. Vietnam's progress in implementing IP commitments in FTAs, strengthening inspection, and examining the implementation of accountability is considered one of the effective solutions. Keywords : accountability; intellectual property; new-generation FTAs