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1. Political system
The official name of America is the United States. Firstly, the United States
is a Federal constitutional republic, in which the President, Congress, and
Judiciary share power reserved to the national government, and the Federal
Government share sovereignty with the State Governments. Since American Civil
war, two parties, the Democratic Party and Republican Party have dominated
American politics. Nowadays, after two presidencies of Gorges W. Bush and the
dominance of Republican Party with aggressive policies, Barack Obama is the
incumbent President and Democratic Party is the dominant Party of the United
States. He and his Government have executed more moderate policies than Bush’s
Government. Secondly, the United States is the Democratic Government with
wide participation. Therefore, it makes and maintains stable business
environments for both domestic and foreign enterprise that want to do business in
this market. This is one of advantageous opportunities for our company to do
business in American market.
2. Political risk
Table 1: The United States’ political risk rating over the period from 2/2009 to
1/2010
Yea 2/0 3/0 4/0 5/0 6/0 7/0 8/0 9/0 10/0 11/0 12/0 1/1
r 9 9 9 9 9 9 9 9 9 9 9 0
Rat 83. 83. 84 84. 85 84. 84. 84. 84.5 83.5 83 82.
e 5 5 5 5 5 5 5
Unit: %
(Source: An Extract from International Country risk guide, Copyright, 1984-
Present, the PRS Group, Inc.)
The table above indicates the changes in the political risk rating of the
United States from February 2009 to January 2010. Through one- year period, the
United States experienced a stable trend in political risk rating, which fluctuated
between 82.5% and 85%. Overall, the political risk of the USA as of January 2010
was over 80%, thus the United States is evaluated as one of the lowest political
risk countries. This proportion shows a stable business environment which
facilitates to any businessmen conducting business in the United States.
Although there is low political risk for enterprises, many foreign companies
still face with many problems from internal conflict and socioeconomic conditions
in American market. These are two main sources of political risk in the United
States. As An Extract from International Country risk guide, copyright, 1984-
Present, the PRS Group, Inc., the United States witnessed 2.5 point in terrorism
and violence, and 2.0 point in unemployment, two relatively high figures of
political risk.
These risks bring some negative effects on international business
conducting in the United States. First of all, terrorism and violence threaten both
physical asset and the lives of employees. Many foreign companies have to face
with fire, strike, terrorism and violence, which can causes the destruction of their
offices, buildings, factories or production equipment. Therefore, it is difficult for
them to operate in this market. In addition, this creates unsafe environment for all
employees working in this country, they could be kidnapped or killed surprisingly.
These negatively affect not only foreign enterprises but also the whole society in
general. Secondly, high rate of unemployment in the United States leads to
decrease turnover and revenue of international companies indirectly. After great
crisis in 2009, the unemployment rate of the United States is very high (2009:
10%, 2010: 9.6%). This affects Government’s policies such as taxes, subsidies,
demand stimulus and the like, which causes Budget deficit. Therefore, the
Government will apply many policies to reduce Budget deficit by increasing
import tariff, import licenses, and quotas and the like to import activities.
Moreover, this affects consumption of individuals and organizations. As a result,
there are negative impacts on our turnover and revenue.
However, foreign enterprises could deal with these problems by doing some
solutions. Firstly, they should do business in some areas, which are safe and
suitable with their business and activities to avoid terrorism and violence.
Secondly, they should cooperate with local partners to extend market and become
more and more active in selling goods, produce mass (high quality, competitive
price). Furthermore, by partnering, foreign investors and local companies will
share the risk of loss. Thirdly, insurance or so-called risk transferring is one of the
most popular and effective ways to manage risk. It can be defined as the reduction
of risk exposure by sharing the risk with a third party. Using this strategy, the
physical property is retained but the “financial part” of the risk is transferred.
3. Legal system
Before starting any business with a foreign nation, a company must be well-
prepared in case disputes happen. To make preparation, the first thing they should
do is to study the legal system of the target country, which is the United States in
this case, to find out if there are any differences between the two legal systems and
how to survive in the new environment.
The law of the United States consists of many levels of codified and
uncodified forms of law, of which the most important is the United States
Constitution. Thus, a special feature in the legal system in the US is the
combination of common law and civil law.
Generally, Vietnamese people do not care too much about legal systems
and only few of them know about the existence of different types of legal systems,
so careful research on legal systems is even more important to Vietnamese
companies before entering a new market. Moreover, because the civil law in the
US is applied mainly in the scope of federal government while in states, courts’
decisions are mainly based on precedents, which is a strange notion to most
Vietnamese people, it becomes more vital to learn more about the differences
between the two systems, then to find ways to adapt to it.
Basically, there are 3 main differences between the two systems. Firstly,
common law is the law developed by judges through decisions of courts and
similar tribunals rather than through legislative statutes as in civil law. Therefore,
it can be said that the two systems display two different approaches to one issue.
In civil law, the collection of the law applied to citizens and followed by judges is
written and can be accessed by anyone, while in common law, the law is
precedents, which originate from real courts, not any written thing. Thus, it results
in the differences in the responsibilities of judges. In civil law, they interpret the
law but in common law, they themselves create the law.
Secondly, there is an effective binding among precedents and later courts in
common law, which does not exist in civil law. It means that in common law, a
court’s decision is relevant to not only parties but also to previous or later
tribunals. If a case is proved similar to a precedent, then the decision of the
precedent must be applied to the case. If the court finds that the current dispute is
fundamentally distinct from all previous cases, judges have the authority and duty
to make law by creating precedent. Thereafter, the new decision becomes
precedent and binds future courts. In contrast, in civil law, similar cases may have
different results depending on the way judges interpret the legal code.
The third basic difference is the source for people to study law. In common
law, it is precedents but in civil law, it is the legal code.
With the three basic differences, to survive in the US market, Vietnamese
companies must make some adaptations. Firstly, people doing business should
study cases relating to importing, exporting and the industry they are working in to
avoid possible disadvantaged situations. Secondly, a company had better hire a
professional lawyer to take care of its legal issues. Because learning various
precedents and locating relevant statutes and cases are not easy to a normal person,
this also explains why America is one of the countries with the highest proportion
of lawyers among citizens. Thirdly, because the US also apply civil law and
written rules and regulations, Vietnamese companies must pay close attention to
changes in it trade laws, especially requirements to imported goods, which is
becoming stricter and stricter.
In conclusion, despite those political risks and differences in legal systems,
a Vietnamese company is still able to survive and prosper in the US market if they
can make suitable adaptations.
4. International relations
The US is the largest economy and among the freest market in the world, so
almost all countries want to maintain a good relationship and do business with the
nation. However, due to the Chinese policies on exchange rate, there is a conflict
between America and China. It is also a good chance for Vietnamese exporters,
especially in textile industry because China is the largest exporters of the products
to the US. If Vietnamese companies can seize the chance, they can build a good
base for future development.
Since 1995, when the formal normalization of diplomatic relations between
Vietnam and America was announced, the relations of the two countries have
become deeper and more diverse in many aspects including business. As
diplomatic ties between the nations grew, the United States opened a consulate
general in Ho Chi Minh City and Vietnam opened a consulate in San Francisco. In
July 2000, they signed a Bilateral Trade Agreement, which went into force in
December 2001. In 2003, the two countries signed a Civil Aviation Agreement
and a textile agreement, which brings many advantages for Vietnamese exporters
especially those of textile industries. In January 2007, the US Congress approved
Permanent Normal Trade Relations (PNTR) for Vietnam. With those progresses of
two nations, we have reasons to believe that the access for Vietnamese exporters
to the US market is becoming wider and the economic relations between Vietnam
and America will become better and better in future.
Section 5: Bibliography
http://www.usvtc.org/trade/bta/text/full_text.htm
http://www.indiaagronet.com/indiaagronet/sericulture/contents/sericulturenews.ht
m
http://www.customs.gov.vn/Lists/TinHoatDong/ViewDetails.aspx?ID=17644
http://invention.smithsonian.org/centerpieces/whole_cloth/u7sf/u7materials/sfTess
ay.html
http://www.theodora.com/wfbcurrent/united_states/united_states_economy.html
http://hdrstats.undp.org/en/countries/country_fact_sheets/cty_fs_USA.html
http://fellowshipofminds.wordpress.com/2010/03/31/obama-quietly-imposes-
currency-controls/
International Country risk guide, copyright, 1984-Present, the PRS Group, Inc.