Q&A

According to Eurostat, Germany’s population in the age group with high consumption needs (15 to 65 years old) accounts for about 65% ~ 54 million people in 2020. This is the group that determines consumption trends in Germany. 77,4% of the population lives in urban areas, and the cities of Berlin, Hamburg, Munich and Cologne are the most populated.

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Germany is the largest economy in Europe and the 4th largest in the world. According to the World Bank, in 2020, Germany's GDP reached USD 3.806 billion (only after the US with GDP of USD 20,937 billion, China with USD 14,723 billion, Japan with USD 5.065 billion). GDP also represents the purchasing power of an economy, and so it's not surprising that Germany is one of the most attractive markets for any exporters.

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The EVFTA also has some specific commitments (besides tariffs) for means of transport (automobiles, motorcycles and components). Specifically, Annex 2-B - Motor Vehicles and Motor Vehicles Parts and Equipment under Chapter 2 of the EVFTA sets out a number of provisions on specific non-tariff measures for motor vehicles and motor vehicles parts and equipment, most of which are commitments on TBT.

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Pharmaceutical products and medical devices are a group of goods that the EU in general and Germany in particular have advantages in producing, while Vietnam has strict mechanisms to control the import and circulation of these products. Therefore, the EVFTA has a number of specific commitments (besides tariffs) that only apply to pharmaceutical products and medical devices, specifically:

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In the EVFTA, Vietnam has commitments to open its government procurement market for the EU. Therefore, German companies will be able to access public procurement (goods, services, construction) of Vietnam’s entities at central level, and of Hanoi and Ho Chi Minh City.

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The EVFTA includes many commitments to enforce IPR which give higher enforcement rights to right holders and enforcement agencies, and increase the level of responsibility and sanctions for those who infringe IPR. In particular, regarding the implementation of civil measures, compared with Vietnamese law, the EVFTA has some notable new commitments as follows:

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In comparison with TRIPS and Vietnamese law, the commitments on Copyrights, Trademarks, Industrial Designs and Patents in the EVFTA have some notable new points as follows:

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Geographical Indication (GI) is a category of IP that the EU has particular interest as it has a lot of products protected in the form of GI. Therefore, the EVFTA has lots of specific commitments on GI which are different from those in other Agreements on Intellectual Property. In addition, GI commitments in the EVFTA also have a specific scope of application, while other IP-related commitments in the EVFTA are applied to all subjects.

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The EVFTA has a separate Chapter (Chapter 12) on Intellectual Property (IP). Compared with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the WTO, the EVFTA has a broader scope of regulations and higher standards of protection in some aspects of IP.

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Trade remedies (including anti-dumping, anti-subsidy and safeguard measures) allow an importing country to protect its domestic industry against unfair competition (dumping, subsidized) or massive imports of foreign goods that cause significant or serious injury to the domestic industry. These measures are usually expressed in the form of the imposition of additional duties on the imported goods.

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