应对CPTPP国企规则的挑战:越南国内法的调适及其借鉴

Coping with the Challenge of CPTPP Rules on State-Owned Enterprises:The Adaptation of Vietnam’s Domestic Law and Its Reference

越南作为CPTPP成员国中拥有国有企业较多的市场经济转型国家,其国内法中相关规定与高标准国企规则存在诸多差异,集中表现在有关国有企业的定义不一致,缺乏对国有企业商业活动管辖豁免例外原则的明确规定,以及非商业援助和透明度义务难以适配等方面。一方面,越南针对其国内法律法规进行了集中、大规模的调整和修订活动;另一方面,借助高标准国际经贸规则的本土化,越南加大国企股份制改革力度,在竞争法体系下引入竞争中性规则,并初步构建了国企信息披露制度。但越南“一刀切”式的统一国企定义和立法以及“硬性化”国企改革分类标准的做法也显露出比较明显的弊端。我国可吸取越南应对CPTPP国企规则的相关经验教训,通过灵活设置国企改革分类标准、谈判争取CPTPP例外和过渡措施,以及在国企商业活动中贯彻竞争中性规则和完善国有企业信息披露制度,积极参与和推动国际经贸规则的重构。

As a market economy transition country with a large number of state-owned enterprises among CPTPP member, Vietnam has many differences between relevant provisions in its domestic laws and high-standard state-owned enterprise rules, which are mainly reflected in the inconsistency of the definition of state-owned enterprises with CPTPP and lack of clear provisions on the principle of exemption from jurisdiction of state-owned enterprises commercial activities, and non-commercial aid and transparency obligations are difficult to fulfill. On the one hand, Vietnam has carried out concentrated and large-scale adjustment and revision activities for its domestic laws and regulations. On the other hand, with the help of the localization of high standard international economic and trade rules, Vietnam has intensified the reform of state-owned enterprises’ shareholding system, introduced competition neutral rules under the competition law system, and preliminarily established the information disclosure system of state-owned enterprises. However, Vietnam’s “one-size-fits-all” unified definition and legislation of state-owned enterprises and “rigid” classification standards for state-owned enterprises reform also show obvious drawbacks. China can learn from Vietnam’s experience in dealing with the challenge of CPTPP rules on stateowned enterprises, and actively participate in and promote the restructuring of international economic and trade rules by flexibly setting the classification standards for state-owned enterprises reform, striving for exceptions and transition measures in the negotiations for China’s accession to the CPTPP, implementing the competition-neutral rules in stateowned enterprises business activities and improving the information disclosure system of state-owned enterprises.