Nâng cao nhận thức pháp luật cho các doanh nghiệp nhỏ và vừa xuất khẩu nông sản: Nghiên cứu điển hình tại Việt Nam
Kỷ yếu Hội thảo quốc tế “Thương mại và phân phối” lần 2 năm 2020
AGRICULTURAL EXPORT: ENHANCE LEGAL UNDERSTANDING TO ASSIST
VIETNAMESE SMALL AND MEDITUM SIZED ENTERPRISES TO OVERCOME
BARRIERS
NÂNG CAO NHẬN THỨC PHÁP LUẬT CHO CÁC DOANH NGHIỆP NHỎ VÀ VỪA XUẤT
KHẨU NÔNG SẢN: NGHIÊN CỨU ĐIỂN HÌNH TẠI VIỆT NAM
Le Tien Dat, PhD
Thuongmai University
Abstract
Vietnamese agricultural small and medium sized enterprises (SMEs) play an important role in
economic development, employment creation and output growth. Despite being given numerous incentives from
reform programs, Vietnamese export agricultural SMEs are continuing facing challenges related to credit,
market access, international competition and human resources. Legal barriers such as product standards or
testing/ approval procedures are still considered as one of the most difficult challenges for Vietnamese
agricultural SMEs. This study investigates perceptions of Vietnamese agricultural SME managers with regard
to legal understanding they need to overcome such barriers. To research training needs of Vietnamese SME
managers, qualitative methodology with the participation of 124 Vietnamese SME managers was used.
Research outcomes are expected to be helpful for SMEs, training/ consulting institutions and government
agencies in developing policies and training programs to support Vietnamese SMEs in penetrating foreign
markets. The paper also makes contribution in developing the body of knowledge related to human resource
management in developing countries such as Vietnam.
Keywords: Vietnam, agricultural product export, technical barriers, management capacity, legal
understanding
Tóm tắt
Các doanh nghiệp vừa và nhỏ (DNNVV) trong lĩnh vực nông nghiệp Việt Nam đóng vai trò quan trọng
trong tăng trưởng, phát triển kinh tế và kiến tạo việc làm cho xã hội. Mặc dù nhận được nhiều ưu đãi từ chính
phủ, các DNNVV xuât khẩu nông sản Việt Nam vẫn đang phải đối mặt với nhiều thách thức liên quan đến các
vấn đề như tín dụng, tiếp cận thị trường, cạnh tranh quốc tế và nguồn nhân lực. Các rào cản liên quan tới pháp
luật như tiêu chuẩn về sản phẩm, quy trình kiểm định và cấp giấy chứng nhận đạt chuẩn vẫn được coi là một
trong những thách thức khó khăn nhất đối với các DNNVV ở Việt Nam. Nghiên cứu này điều tra quan điểm của
các nhà quản trị DNNVV nông nghiệp Việt Nam liên quan đến sự hiểu biết pháp lý mà họ cần để vượt qua các
rào cản đó. Để nghiên cứu nhu cầu đào tạo của các nhà quản lý DNNVV Việt Nam, phương pháp định tính với
sự tham gia của 124 nhà quản lý DNNVV Việt Nam đã được sử dụng. Kết quả nghiên cứu dự kiến sẽ hữu ích
cho các DNNVV, các tổ chức đào tạo / tư vấn và các cơ quan chính phủ trong việc phát triển các chính sách và
chương trình đào tạo để hỗ trợ các DNNVV của Việt Nam thâm nhập thị trường. Bài viết cũng đóng góp cho
việc phát triển lý thuyết liên quan đến quản lý nguồn nhân lực ở các nước đang phát triển như Việt Nam.
Từ khóa: Việt Nam, xuất khẩu nông sản, rào cản kỹ thuật, năng lực quản lý, hiểu biết pháp luật
1. Introduction
To support Vietnamese agricultural SMEs to get success in exporting, numerous incentive
policies have been provided by the government. However, to enhance the effectiveness of these
incentives, actual support needs of SME managers should be investigated. This paper discussed one of
the most important skills that Vietnamese export agricultural SMEs need – the legal understanding.
Based on the investigation on training needs related to legal skills, the study aims to assist SMEs to
overcome legal barriers, by providing actual needs-based training courses. Previous studies mostly
focus on general training for SMEs, researches on legal skills training needs of Vietnamese export
agricultural SMEs are still lacked. Therefore, the paper is expected to make both theoretical and
practical contribution.
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2. Literature review
2.1. Training and training needs identification
Training is considered as one of the most effective measures to improve the quality of human
resources (Schultz, 1961, Becker, 1964, Pal, 2017). Training is thought to be beneficial not only to
individuals, but also to the stability of the workforce and the flexibility of work (Blundell et al. 1999).
The benefits that training brings to both individuals and organizations have been emphasized by
numerous studies on human resources (De Grip & Sauermann, 2013). In particular, there is a lot of
evidences for the positive impact of on-the-job training to the organizational productivity (Almeida &
Carneiro, 2019), as well as the industry's performance (Seoulveda, 2010).
In addition to improving the quality/ knowledge /skills (Pratik 2015), training activities are also
considered to increase the working commitment of employees to enterprises. Being provided training
opportunities, employees may feel more proud of their workplace, believe in the goals and values of
their companies, and always try to achieve higher work results (Arthur et al., 2003).
Training needs analysis is an important stage in the training process (Bowman & Wilson 2008).
This activity is beneficial not only to the development of training programs in general, but also to the
effectiveness of other stages in training process, such as designing and developing the syllabus,
implementing and evaluating the effectiveness of training programs. In other words, investigating
training needs is considered a fundamental step to define training goals, as well as to implement
successfully other training stages (Shah & Gopal 2012). If the training developers skip the step of
training needs analysis to go straight to the designing stage, the later stages of training process may get
troubles and must be significantly adjusted, causing many negative consequences (Lee & Owens
2004). Without a thorough analysis of training needs, time and effort required to implement the entire
training program would be wasteful, while the training programs may not be achieved (Tovey &
Lawlor 2008).
Pratik (2015) also emphasized the role of training needs analysis as an important basis for
training and development process. Accordingly, the training needs analysis process assists managers to
gain an overall view of the organization and its business activities, understand problems that the
organization is facing and possible solutions to turn from problems into opportunities. Particularly, this
activity helps analyze the needs of both companies and employees, at different levels, to create training
and development solutions for the purpose of operational efficiency improvement. In other words,
organizations and individuals, based on the outcomes of training needs analysis, may develop strategies
and action plans for their training and development activities. Furthermore, analyzing other factors such
as new technology, new technical requirement in the business field is also necessary for the full training
need analysis, for the comprehensive measures to enhance the performance of the enterprises.
2.2. Training needs with regard to legal understanding in internationalization
In international business, SMEs may face a great number of challenges that come from
governmetn and legislative aspects. To begin with, to control enterprises penetrating their markets,
various methods may be applied by government of importing countries. For instance, governments
may delay or restrict the product flow of export companies into target markets by using entry
restrictions, reduce the profitability of firms by applying price controls, increase the price of export
products by utilizing special tax rates, impose difficulties in sales, particularly in profit repatriation by
using exchange controls (Cateora, Gilly & Graham 2009).
Apart from tariffs, nontariff barriers which may exist in various forms may be used to restrict
export activities (Albaum & Duerr 2008). Czinkota and Ronkainen (2013) list a range of nontariff
barriers such as product standards, testing or approval procedures, subsidies for local products, and
bureaucratic ‘red tape’. For example, Japan is famous for high standards and certification requirements
for export products which is significantly difficult for SMEs with limited resources.
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Issues related to legal procedures and documentation such as customs declarations, shipping
arrangements, technical standards certificates and other documentations may also be barriers for export
SMEs. Such problems may force SMEs to incur extra costs, time losses or red tape (Moini 1997).
According to Albaum & Duerr (2008), compliance with required procedures and documentations is
essential to SMEs to avoid violating any regulations. Major delays or losses may come from errors in
export transactions and documentation (Albaum & Duerr 2008).
To overcome legal barriers in export, SMEs managers need to master a range of skills and
understanding. Mastering government policies, especially government incentives were identified as the
essential skills for international managers by Yu et al. (2005). Strong legal understanding is considered
important for global business managers by Baughn and Dao (2005). Nordstrom and Kleiner (1990)
believed that export managers are required to be aware of rules, laws and regulations of importing
countries. Based on such awareness, legal difficulties related to trades and tariffs may be reduced.
Particularly, legal systems are rather different among countries, which asks export managers to be
clear about the differentiating legal practices in the countries they are approaching.
2.3. Vietnamese SMEs internationalization
Vietnamese SMEs, which account for 98% of all enterprises with roughly 40% of GDP, have
been receiving numerous incentives stemming from reform programs (Vietnam Briefing, 2019).
However, SMEs, particularly agricultural SMEs which make up 33%, are continuing facing challenges
related to credit, market access, international competition and human resources (MPI 2016). Although
the total agricultural export value of Vietnam has been seen quite significant, the challenges of
Vietnamese export agricultural SMEs are increasingly higher, which mostly come from the shortage of
resources and expertise (Sommer 2010).
To meet the target of one million SMEs by 2020 from the current 600,000, the government has
continued developing reform programs for SMEs – which has been seen as the key factor for the
national development and competitiveness (Vietnam Briefing 2019). Particularly, supports for
agricultural SMEs have been witnessed in a range of incentive policies such as Decision No. 01/2012 /
QD-TTg dated January 9, 2012 of the Prime Minister on a number of policies to support the
application of Good Agricultural Production Practices in agriculture, forestry and fisheries; the
Government's Decree No. 55/2015 / ND-CP of June 9, 2015, on credit policies for agricultural and
rural development; Decree 116/2018 / ND-CP dated 7 September 2018 of the Government amending
and supplementing a number of articles of Decree 55/2015 / ND-CP. Regarding organic agriculture
and clean agriculture, the Government's Decree No. 109/2018 / ND-CP of August 29, 2018, on organic
agriculture; Decree 57/2018 / ND-CP dated April 17, 2018 on mechanisms and policies to encourage
enterprises to invest in agriculture (VGP 2019).
Developing human resources for SMEs is also the content included in numerous incentives. For
example, as shown in Decree No 118.2015/ND-CP, a 100% subsidy of expenses in training courses for
employees of SMEs located in extremely disadvantaged areas, a subsidy of least 50% of expenses for
organizing a training course in entrepreneurship and business administration, and open accounts to join
online training courses are provided to a great number of SMEs (Vietnam Briefing 2019).
As shared by policy-makers from developed countries, to improve the performance of
agricultural SMEs, as well as to protect environment and enhance agricultural product quality, the
investment in human capital is strongly necessary (World Bank Group 2016). To assist Vietnamese
agricultural SMEs to reach sustainable development, to overcome difficulties that mostly stem from
their modest scales, focus should be placed on developing training programs to SMEs to optimize
resources and improve their capacity (Vietnam News 2019).
3. Research – Objectives And Methods
3.1. Research objectives
This paper aims to explore the training needs of Vietnamese Agricultural SMEs to “go global”.
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The literatures related to training, training needs and legal understanding needed in internationalization
are reviewed. Then, the perceptions of Vietnamese agricultural SME managers with regard to legal
understanding needed to export their products are investigated. Implications related to relevant training
programs are then provided.
This paper is expected to be beneficial to SME managers and training/consulting institutions in
assisting Vietnamese SMEs to overcome legal barriers in exporting agricultural products to overseas
markets.
In this study, the following main research questions has been investigated:
What are the perception of Vietnamese agricultural SME managers with regard to legal
understanding needed in internationalization?
3.2. Data collection
Saunders, Lewis and Thornhill (2012) suggests that the qualitative method should be used in
the studies where the perceptions of participants are investigated. In order to study the training needs
with regard to legal understanding of Vietnamese agricultural SMEs, using semi-structured questions
assisted the researcher in obtaining deeper understanding in this study.
The quality of data in both breadth and depth was enhanced with the sharing of different SME
managers on legal understanding needed to export successfully in general, to overcome technical
barriers in particular (Bryman & Bell 2011; Saunders, Lewis and Thornhill 2009).
124 Vietnamese SME managers coming various provinces in the north of Vietnam, such as Bac
Giang, Ha Nam, Lai Chau, Son La, participated in this research. Their export products are also
plentiful, such as teas and vegetables.
To get the involvement of SME managers into this study, the researcher, to begin with, scanned
the list of agricultural SMEs in key provinces – which is famous for agricultural products. A number of
contacts of approaching SMEs were assisted by government officials in these provinces. The “snow-
ball” technique, in many cases, was used with the references of SMEs to other SMEs.
The interview protocol was developed based on the literatures with regard to legal
understanding in business internationalization, and was used to help the interviewer during interviews.
Questions in this interview protocol was designed based on suggestions of authors such as Nordstrom
and Kleiner (1990), Baughn and Dao (2005), and Yu et al. (2005), when they discussed about various
legal skills, such as capacity to understand rules, regulations and policies of foreign markets, to master
legal practices differences of various contries, or to be aware of difficcults related to trade and tarriff.
3.3. Data analysis
The step-by-step qualitative data analysis procedure suggested by Creswell (2014) was used to
systemize the data in this study. The researcher organized the data, conducted a preliminary read-
through of the databases, coded and organize themes, and organized the data in the format for
interpretation. In the process of data analysis, the qualitative QSR support software Nvivo was used.
4. Evidence
4.1. Result analysis
In the following section, the training needs of Vietnamese SMEs with regard to legal
understanding to export agricultural products, overcoming export technical barriers are investigated
and presented. Accordingly, the understanding of rules and regulations related to the export technical
barriers are considered as a prerequisite, the "first and basic understanding for enterprises to conduct
export activities in general, to export agricultural products in particular”. Therefore, SME managers
in this study are eager to be equipped with knowledge of the law and related regulations, because they
are aware that "Currently, agricultural export is facing numerous strict rules of importing countries”.
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• General understanding of the legal environment
- General understanding of the legal system
To begin with, SME managers wanted to acquire general understanding of the legal system.
Mastering the knowledge of "international law, general trade rules and regulations of the markets that
SMEs are approaching" may help SMEs minimize risks in the process of agricultural export. Gaining
extensive knowledge of the law is actually the first requirement for SMEs to step into international
markets. One SME manager stressed
“Export SME managers need skills to analyze and handle issues related to regulations and
laws because all business activities must be complied with regulations and laws of the two countries
(exporting and importing). The legal system is complicated and companies are easy to make mistakes,
so we need to improve our understanding”.
Thus, with a general understanding of international practice and law, SME managers expect to
be able to "limit risks, ensure initiative in business" and especially "avoid violating unfortunate rules”.
One SME manager shared:
“Exporters need to understand the international practices in general and the laws of the
importing countries in particular, in order to create solutions to make their products meet the
regulations of the market they approach, as well as to prevent from exporting prohibited products”.
More specifically, SME managers emphasized that they need to acquire "reading and analyzing
skills to master international market rules and regulations", and on that basis, acquire skills to "handle
problems that arise with regard to laws, especially those related to technical barriers". Of course,
when a dispute arises, soliciting a lawyer to handle is a fairly common solution, but these legal
understanding may help export SMEs more active in their international business activities.
In addition, the initiative in updating rules and regulations is considered to help SMEs "avoid
the new arising policy risks, especially the policies related to technical standards to restrict export
activities for specific agricultural products”.
+ General understanding of Import and Export Law
In addition to general knowledge related to laws, SME managers also expressed their need to
gain an understanding of international business law and import and export law, because these laws
"govern and directly affect export activities". Understanding import and export laws, SME managers
may have fundamental understanding to "protect the interests of companies in the relationship with
stakeholders in import and export activities".
- Understanding of the legal system of importing countries
The compliance with the regulations of the importing countries is considered to be the
prerequisite for the acceptance of SMEs’ export products in importing markets. More specifically,
compliance with the laws of the importing countries is the foundation for SMEs to "make their
products meet the regulations of the approaching markets, not to be rejected due to violating
prohibition”. Investigating laws of importing countries should be important part in the development of
business strategies for SMEs. One SME manager said
"I need skills to read, understand the laws and regulations of the importing countries which
greatly affects the development of business strategies".
Therefore, SME managers in the study emphasized "the training need for understanding of
regulations and policies of importing countries, which help SMEs be more proactive in overcoming
trade barriers". According to SME managers in this study, regulations and laws of foreign countries
normally change quite quickly, due to changes of international law as well as the arising requirements
of importing countries. Therefore, SMEs themselves must constantly update, improve legal
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understanding to "not violate the rules of importing countries". In particular, updates on export
technical barriers are an indispensable requirement for export SMEs. One SME manager emphasized:
"Export SME managers must have a good understanding and constantly update the laws of
importing countries because governments are increasingly creating measures to protect domestic
goods, prevent imported poor quality products".
Laws of importing countries may be related to specific laws such as tax laws, environment
laws, especially "regulations related to licensing procedures, certificates of technical standards are
the knowledge that SMEs want to learn". For example, the regulations of the importing countries
related to Good Agricultural Practice (GAP) or Geographical Indications (GI) are the contents that the
agricultural SMEs are interested in.
+ Understanding the laws of specific markets
In addition, SME managers in this study expressed the need for training on specific market
laws such as "import and export laws, illegal fishing laws that EU countries are applying to Vietnam".
- Understanding of Vietnam's import and export laws
Not only the laws of importing countries, laws and regulations of Vietnam related to import-
export activities and technical standards are also contents that SME managers want to master. In
addition, SME managers also want to have an understanding of the specific regulations and policies to
help SMEs overcome barriers
• Understanding of specific laws
- Understanding of specific laws related to technical standards
Knowledge of specific laws and regulations related to international technical barriers can help
export SMEs "adjust products and services in accordance with regulations", "respond" timely, fully
and correctly the requirements” to avoid unnecessary violations in agricultural export. This
understanding becomes even more important when "countries are increasing the protection of
domestically produced goods, preventing imports".
In this regard, SME managers need skills to review international regulations and practices
related to international standard barriers. One SME manager said
"I need skills to be able to read and synthesize the main contents of laws, regulations related to
technical barriers in agricultural export".
+ Understanding of Laws related to Technical Standards in specific markets/ for specific
products
Laws and regulations of countries related to technical barriers are different, so this is also a
content that SME managers in this study wants to understand. According to SME managers, in
addition to the general international regulations, each country has a different legal system and these
regulations are constantly changing.
In order to implement the export process smoothly, SME managers would like to "understand
regulations and requirements of importing countries from the stage of completing procedures at
custom office to the stage of exposing products to markets”. Generally, laws related to technical
barriers are also diverse and relatively complicated, so comprehensive understanding may "prevent
SMEs from making mistakes due to lack of knowledge".
Accurate understanding of relevant laws and policies of importing countries will be the basis
for agricultural SMEs to have appropriate production plans, and moreover, to take advantage of
favorable regulations from policies. Sometimes the incomplete and inaccurate understanding of laws
and policies limits the export opportunities of SMEs. One SME manager said
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“I need skills to understand the standards-related policies and regulations. Because standards
for different products, in different markets, are not the same, it is important to understand the rules
exactly to manufacture and export the right products”.
In particular, according to SME managers, regulations generally have many confusing technical
terms, so the explanation for these terms will help SME managers to better understand and thereby
better satisfy the standards.
In addition to understanding the rules and regulations of specific market, due to the variety of
agricultural export products, mastering standards for each agricultural product are the needs of
numerous SME managers in this study.
+ Update Laws related to Technical Standards
The laws and regulations related to technical barriers of countries are also constantly changing,
requiring regular updates of export SME managers "to avoid risks regarding changes in policies”. The
constant updating of those policies and procedures helps SMEs be more proactive to adapt to
regulations on technical barriers. One SME manager said
“I need to constantly update my understanding of legal procedures to enable my company to
overcome new technical barriers, to be more proactive in coping with new barriers, avoiding their
negative influences to our business due to not understanding the procedures”.
This update becomes more essential when "agricultural market is always changing, regulations
on technical standards are also constantly changing".
The rapid change of standards-related regulations requires SME managers to have the skill of
“promptly understanding, analyzing and dealing with legal problems due to the changing legal system
in accordance with common standards and agreements”.
+ Understanding of standard licensing procedure
On the basis of understanding the regulations related to technical standards, SME managers
also want to understand the procedures for licensing standard certificates.
+ Understanding of specific laws related to export activities, product quality requirements
Laws and regulations related to product quality are also the knowledge that SME managers
want to master, both to minimize risks and to improve the quality of their own enterprises.
+ Understanding of environment law
Similar to quality laws, environment laws are also the content that SME managers want to
understand. This is because there are many trade barriers directly related to environmental issues.
- Understanding of trade agreements related to technical standards
Technical barriers are closely related to trade agreements, so understanding the contents of
trade agreements related to technical standards is a necessary content that SME managers want to
master. One SME manager said
"SME managers need to understand the technical regulations and conformity assessment
procedures prescribed by the WTO".
In addition to the provisions of the WTO, "the provisions of GATT (General Agreement on
Tariffs and Trade), AOT (Assignment of Trade) is also the content SME manages need to know".
Agreement on barriers and inspections, the relationship between TBT agreement and technical
standards are also some specific contents that export SMEs want to acquire.
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- Understanding of International Trade Law
The knowledge of international trade law is also emphasized by SME managers as an important
content. One SME manager stressed
"I need legal skills to understand regulations of international trade law, ensure agricultural
export activities to international markets in accordance with trade law, fair competition, and prevent
commercial frauds".
- Understanding of Anti-Dumping Law
In addition, the enterprise tax law, tax regulations, anti-dumping laws are "the laws that
exporters need to know to avoid economic damage".
• Trade dispute resolution skills
The skills of resolving trade disputes in import-export activities are also the content that the
SME managers in this study need to study.
• Understanding of legal procedures
- General understanding of legal procedures to be completed in the export process
SME managers in this study also expressed the desire to be equipped with the knowledge of
regulations and procedures that need to be completed in the import market. These procedures relate to
a range of activities "from registering an import license to completing necessary documents, meeting
the requirements of importing countries".
Table 1: Understanding of laws and regulations related to export technical barriers needed by Vietnamese
SME managers
• General understanding of the legal environment
- General understanding of the legal system
+ General understanding of Import and Export Law
- Understanding of the legal system of importing countries
+ Understanding the laws of specific markets
- Understanding of Vietnam's import and export laws
• Understanding of specific laws
- Understanding of specific laws related to technical standards
+ Understanding of Laws related to Technical Standards in specific markets/ for specific products
+ Update Laws related to Technical Standards
+ Understanding of standard licensing procedure
+ Understanding of specific laws related to export activities, product quality requirements
+ Understanding of environment law
- Understanding of trade agreements related to technical standards
- Understanding of International Trade Law
- Understanding of Anti-Dumping Law
• Trade dispute resolution skills
• Understanding of legal procedures
- General understanding of legal procedures to be completed in the export process
Source: Summarized by Author
The above results were shown based on the investigation of the researcher on the perceptions
on legal understanding of agricultural SMEs in the north of Vietnam. Recently, the further research
was developed with the involvement of SME managers in southern provinces, such as Lam Dong and
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Binh Thuan. Many of them have more experiences in agricultural exports and their business scales are
also larger. Interestingly, they are now shifting from raw-material products to high-quality processed
products. Therefore, the legal understanding they need to master is also different, requires training and
support programs to be amended and developed to meet their actual needs.
4.2. Implications
Based on training needs of Vietnamese export agricultural SMEs, the following section
provides implication related to training programs to enhance legal understanding for SMEs to enter
foreign markets. Accordingly, the general laws related to international business, import-export laws,
some specific laws applied in importing countries should be provided.
When it comes to laws related to technical standards, courses on technical barriers to trade
(TBT) should help SME managers to:
‐ Know how to identify and distinguish technical barriers to trade (TBT)
‐ Know how to assess possible impacts of technical barriers on import and export activities
‐ Know how to overcome technical barriers to trade (TBT) established by specific countries and
markets
Specific courses aimed at improving knowledge of technical barriers may include the following
‐ An overview of international technical standards in general, technical barriers to trade (TBT)
in particular
‐ Technical-relevant regulations (labeling, terms used)
‐ Testing procedures (procedures for recognition, sampling, inspection, registration, approval)
‐ Analysis of agreements on technical barriers to trade (TBT Agreement - TBT Agreement)
Some of general contents related to laws in international business that should be included are as
follows:
‐ General introduction about the legal system of some key markets
‐ Contract law of specific countries: Trainees are provided an introduction on issues that may
arise in signing international business contracts, establishing and executing commercial transactions,
as well as a number of principles, tips for bargaining, accumulated from practical business experience
‐ Law on human rights in international business activities: International business activities
must comply with human rights in importing countries.
‐ Introduction on types of enterprises in importing countries, especially the operating model of
multinational corporations (MNCs): Specific contents related to establishment, organizational model,
operation and capital structure of MNCs, the role of the executive board (director, chairman) and
shareholders, corporate governance, shareholder agreements, basic transactions (such as mergers and
acquisitions).
‐ Analysis of international business transactions: By using case studies, trainees will be
equipped with knowledge related to activities such as: contract establishment, financial and payment
techniques, identification and resolution of problems arising in contracting. Such case studies should
be accompanied by practical examples of exporting goods and services, technology transfer, joint
ventures and foreign direct investment. Training course should also provide solutions to help SMEs
overcome challenges of cross-border electronic transactions and internet business.
‐ International commercial arbitration: In-depth introduction to the laws and practices related
to international commercial arbitration, familiarizing students with the legal framework, the role of the
courts and the organizing arbitration should be included; Key elements for an effective arbitration
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agreement, court selection, jurisdiction of commercial arbitration, and adjudication procedures should
also be introduced
‐ International Banking and Finance: An introductory course on the law governing
international banking and financial activities. Topics may include foreign currencies and international
deposits, laws on international negotiable instruments, letters of credit, various forms of international
payment and international lending.
‐ International Finance Course: Advising students on financial issues in cross-border
transactions such as public and private issues related to debt and pledged assets, lending institutions,
foreign exchange transactions, interest rates and taxes
‐ International trade law course: Issues related to international trade will be conveyed through
lectures, seminars and discussions, along with group discussions on issues related to international
trade. Trainees will also learn about the activities of the World Trade Organization (WTO), and the
issues that are arising, handled by the WTO and its members. Students also learn how to apply national
treatment principles, technical regulations, health and safety at the national level - issues that may
conflict with free trade trends between the nations. Free trade in goods, services and investment
(together with agriculture and intellectual property) applies to WTO members and exceptions should
also be included. The content of new trade agreements can also be presented to students.
In addition, the training program on international law may also include seminars on specific
laws such as Vietnam's import and export laws, laws related to the environment, specific agricultural
products, or experience sharing on legal procedures related to import-export in general and to
international technical standard certification in particular.
5. Conclusion
The paper has provided the discussion on the legal skills that Vietnamese SME managers need
to internationalize their agricultural products. Based on relevant literatures, perceptions of Vietnamese
SMEs related to legal understanding that they need to export agricultural products such as general
understanding of the legal environment, understanding of specific laws related to technical standards,
understanding of international trade law were investigated and presented. Some implications to
develop appropriate training programs were also provided to assist SME managers, training/consulting
institutions to gain fully legal understanding to take steps to enter foreign markets successfully.
REFERENCES
1. Albaum, GS & Duerr, E 2008, International marketing and export management, 6th edn., Financial Times
Prentice Hall, Harlow.
2. Almeida, R. and Carneiro, P. (2009), The return to firm investments in human capital, Labour
Economics, 16, 1, 97–106
3. Bowman, J. and Wilson, J. (2008), Different roles, different perspectives: perceptions about the purpose of
training needs analysis, Industrial and Commercial Training, Vol. 40 No. 1, pp. 38-
4. Blundell, R., Dearden, L., Meghir, C. and Sianesi, B. (1999), Human capital investment: the
returns from education and training to the individual, the firm and the economy, Fiscal Studies, 20, 1, 1–23
5. Bryman, A & Bell, E 2011, Business Research Methods, 3rd edn., Oxford University Press, USA.
6. Cateora, PR, Gilly, MC & Graham, JL 2009, International marketing, 14th edn., McGraw-Hill Irwin,
Boston.
7. Creswell, JW 2014, Research design : qualitative, quantitative, and mixed method approaches, 4th edn.,
SAGE Thousand Oaks Calif.
861
Kỷ yếu Hội thảo quốc tế “Thương mại và phân phối” lần 2 năm 2020
8. Czinkota, MR & Ronkainen, IA 2013, International marketing, 10th edn., South-Western Cengage
Learning Mason, Ohio.
9. De Grip, A. and Sauermann, J. (2013), The effect of training on productivity: the transfer of onthe-job
training from the perspective of economics, Educational Research Review, 8, 28–36.
10. Moini, AH 1997, 'Barriers inhibiting export performance of small and medium-sized manufacturing firms',
Journal of Global Marketing, vol. 10, no. 4, pp. 67-93.
11. Nordstrom, JO & Kleiner, BH 1990, What international skills are needed by managers of today and
tomorrow?, Industrial and Commercial Training, vol. 22, no. 5, pp. 24-30.
12. Pal, 2017, The relationship between training and innovation activities in enterprises, International Journal
of Training and Development Volume 21, Issue 2
13. Pratik 2015, Training needs analysis: A comparative study of private sector vs public sector hotels in
Chandigarh, International Journal of Research in Commerce & Management, Volume No.6 (2015), Issue
No. 06
14. Saunders, M, Lewis, P & Thornhill, A 2012, Research methods for business students, 6th edn., Pearson,
Harlow, England.
15. Shah, H. and Gopal, R. (2012), Training needs analysis for bus depot managers at GSRTC, European
Journal
of
Training
and
Development,
Vol.
36
No.
5,
pp.
527-
16. Tovey, M., & Lawlor, D. (2008), Training in Australia (3rd ed.), French's Forest, NSW: Pearson Education
Australia.
17. Vietnam Briefing, 2019, Government Incentives for SMEs in Vietnam - 2 New Circulars, www.vietnam-
briefing.com/news/government-incentives-smes-vietnam-2-new-circulars.html/
18. World Bank, 2016, Transforming Vietnamese Agriculture: Gaining More from Less, Vietnam Development
Report 2016
19. Yu, C-MJ, Guan, J-L, Yang, K-P & Chiao, Y-C 2005, 'Developing the skills for international business
management: The implications of the management education opportunity grid', Journal of Teaching in
International Business, vol. 16, no. 4, pp. 5-26
862
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