G/ADP/N/1/VNM/2 G/SCM/N/1/VNM/1 G/SG/N/1/VNM/2 … GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 VIET NAM The following communication, dated 31 August 2018, is being circulated at the

G/ADP/N/1/VNM/2 G/SCM/N/1/VNM/1

G/SG/N/1/VNM/2

30 October 2018

(18-6812) Page: 1/74

Committee on Anti-Dumping Practices

Committee on Subsidies and Countervailing Measures Committee on Safeguards

Original: English

NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLE 18.5, 32.6 AND 12.6 OF THE AGREEMENT ON IMPLEMENTATION OF ARTICLE VI OF THE

GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

VIET NAM

The following communication, dated 31 August 2018, is being circulated at the request of the

delegation of Viet Nam.

_______________ Pursuant to Article 18.5 of the WTO Anti-Dumping Agreement, Article 32.6 of the WTO Agreement on Subsidies and Countervailing Measures and Article 12.6 of the WTO Agreement on Safeguards,

Viet Nam hereby notifies the Committee on Anti-Dumping Practices, the Committee on Subsidies and Countervailing Duties and the Committee on Safeguards of legislative changes enacted through the Law No. 05/2017/QH14 on Foreign Trade Management dated 12 June 2017, Decree

No. 10/2018/ND-CP detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies dated 15 January 2018, and Circular No. 06/2018/TT-BCT detailing some contents regarding trade remedies dated 20 April 2018 (as attached below). These legislations repeal the following:

a. Ordinance No. 42/2002/PL-UBTVQH10 on Safeguards in the Import of Foreign Goods into

Viet Nam;

b. Ordinance No. 20/2004/PL-UBTVQH11 on Anti-dumping of Imports into Viet Nam;

c. Ordinance No. 22/2004/PL-UBTVQH11 on Measures against Subsidised Imports into Viet Nam.

d. Decree No. 150/2003/ND-CP dated 8 December 2003 detailing the Ordinance on

Safeguards in the Import of Foreign Goods into Viet Nam;

e. Decree No. 89/2005/ND-CP dated 11 July 2005 detailing a number of articles of the Ordinance on Countervailing Measures for Goods Imported into Viet Nam;

f. Decree No. 90/2005/ND-CP dated 11 July 2005 detailing a number of articles of the Ordinance on Anti-dumping for Goods Imported into Viet Nam;

g. Decree No. 04/2006/ND-CP dated 9 January 2006 on the establishment, functions, duties,

powers and organisational structure of the Council for handling of anti-dumping, countervailing and safeguard cases.

G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2

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THE MINISTRY OF

INDUSTRY AND TRADE

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

No. 06/2018/TT-BCT

Hanoi, 20 April 2018

CIRCULAR

Detailing some contents regarding trade remedies

Pursuant to the Law on Foreign Trade Management dated 12 June 2017;

Pursuant to Decree No. 10/2018/ND-CP dated 15 January 2018 of the Government detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies;

At the proposal of the Director General of the Trade Remedies Authority of Viet Nam;

The Minister of Industry and Trade promulgates the Circular detailing some contents regarding trade remedies.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides detailed regulations on interested parties in an investigation case; provision and collection of information and documents, and information confidentiality; languages used in investigation; management of imports subject to trade remedy investigations; exemption from trade remedies.

Article 2. Subjects of application 1. Regulatory bodies competent to investigate, apply and handle trade remedies. 2. Vietnamese traders, foreign traders, other domestic and foreign agencies, organisations and individuals relevant to the investigation, application and handling of trade remedies.

Article 3. Interpretation of terms For the purpose of this Circular, the terms below are construed as follows:

1. "Special products" refers to the products which have physical and chemical properties similar to but some characteristics, appearance or quality different from the like or directly competitive

products manufactured by the domestic industry. 2. "Non-confidential summary" refers to the summary of information upon the treatment of information as confidential by the investigating authority and which provides sufficient detail for the receiving parties to gain reasonable understanding of information submitted in confidence.

Article 4. Language used in trade remedy investigations 1. The statutory language used during the investigation for application of trade remedies is Vietnamese. Interested parties are entitled to speak and write in their mother tongues with the presence of accompanied interpreters/translators.

2. Information and documents in other languages provided by interested parties must be translated

into Vietnamese. Interested parties must ensure the truthfulness and accuracy and assume liability for the contents of such translations.


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Article 5. Registration as interested parties in a trade remedy investigation 1. After the Minister of Industry and Trade has issued a decision to conduct a trade remedy investigation or review the application of trade remedies, organisations and individuals prescribed in Clause 1 Article 74 of the Law on Foreign Trade Management may register to participate in a trade remedy investigation as interested parties.

2. The investigating authority shall consider determining the time limit for registration as interested parties in each trade remedy investigation provided that it shall not be fewer than 20 working days from the effective date of the Decision on the initiation of an investigation or review of the application of trade remedies.

3. Organisations and individuals shall prepare applications using the application form for registration as interested parties provided in Annex 01 herein and send them to the investigating authority within

the time limit specified in the Decision on the initiation of an investigation or review of the application of trade remedies. 4. Upon the receipt of applications for registration as interested parties, the investigating authority shall consider whether a party is accepted as an interested party or not within a period of 07 working

days. If an application for registration as an interested party is refused, the investigating authority is required to explain such refusal in writing to the applicant. 5. If an organisation or individual fails to register as an interested party within the time limit specified in Clause 2 of this Article, the investigating authority may refuse to accept that organisation or individual as an interested party of the case, except for cases prescribed in point a and point dd Clause 1 Article 74 of the Law on Foreign Trade Management and the Government and competent

authorities of the exporting country of product subject to the countervailing duty investigation as prescribed in Point d Clause 1 Article 74 of the Law on Foreign Trade Management.

6. Organisations and individuals that are accepted as interested parties shall have rights and obligations as defined in Article 9 and Article 10 of Decree No. 10/2018/ND-CP dated 15 January 2018 of the Government detailing a number of articles on the Law on Foreign Trade

Management regarding trade remedies. Article 6. Import declaration The import declaration included in the dossier for import of goods must be prepared using the form provided in Annex 02 herein.

Chapter II

REGULATIONS ON PROVISION OF INFORMATION AND DOCUMENTS, AND CONFIDENTIALITY OF INFORMATION IN TRADE REMEDY INVESTIGATIONS

Article 7. Non-confidential information in a trade remedy investigation

Non-confidential summaries of the following information and documents are published in a trade remedy investigation: 1. The petition for investigation and application of trade remedies submitted by the requesting party and its accompanied annexes;

2. Documents provided by interested parties when registering for participation in the investigation case; 3. Completed questionnaires and additional questionnaires provided by interested parties during the investigation; 4. Other documents provided for the investigating authority by interested parties during the

investigation, consisting of: documents serving the consultations; written opinions about the petition for investigation and application of trade remedies provided by interested parties;


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5. The record or summary of the consultation about the investigation case; 6. Notices issued by the investigating authority and the Ministry of Industry and Trade, including notices on the receipt of the petition for investigation and application of trade remedies, disclosures of preliminary and final determinations, notices of acceptance or non-acceptance of applications for registration as interested parties and questionnaires, on-site investigations, public consultations and

limitation of the scope of investigation by sampling; 7. Documents about contents of a trade remedy investigation which is used as the basis for final determinations of the investigating authority; 8. Other information verified and published by the investigating authority during the investigation.

Article 8. Request for protection of confidential information concerning a trade remedy

investigation 1. The investigating authority shall consider accepting the request for protection of confidential information provided by interested parties of a trade remedy investigation, including:

a) Business secrets related to the characteristics of some products or production process;

b) Information concerning the enterprise's production and business, including production costs, selling expenses, terms of sales other than the non-confidential ones, selling price of each transaction, estimated transaction or other offers for sale, information concerning clients, distributors or suppliers, and the enterprise's financial information;

c) Information concerning an accurate dumping margin of a specific transaction in an anti-dumping investigation;

d) Information concerning interests received by the requesting party under a subsidy program

to be investigated or reviewed in a trade remedy investigation, except for the program specification, amounts specified in documents or announced publicly, and the subsidy rate for each sales transaction which is calculated and allocable to the requesting party under a subsidy program;

dd) Other information which is found by the investigating authority to threaten to affect or cause material injury to the competitive advantage of the information provider if published.

2. In the case of refusal, the investigating authority shall explain the reasons for refusal in writing to the requesting party within 07 working days from the receipt of such request for protection of confidential information.

Chapter III

EXEMPTION FROM TRADE REMEDIES

Section 1

SCOPE, SUBJECTS, CRITERIA AND CONSIDERATION PERIOD

OF EXEMPTION FROM TRADE REMEDIES

Article 9. Scope and period of exemption from trade remedies

1. The Minister of Industry and Trade shall consider granting exemptions from provisional and/or official trade remedies on certain imports subject to trade remedies in the following circumstances:

a) The imports have characteristics which are different from and not substitutable by the like

or directly competitive products manufactured by the domestic industry;


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b) The imports are special goods of the like or directly competitive products manufactured by the domestic industry;

c) There are no sales of the like or directly competitive products manufactured by the domestic industry in the ordinary course of trade in the domestic market;

d) The volume of the like or directly competitive products manufactured by the domestic industry is not enough to satisfy the demand of the domestic market.

2. The period of exemption from trade remedies shall be determined as follows:

a) Regarding the requests for exemption from trade remedies received by the investigating authority as prescribed in Clause 1 Article 13 herein, the exemption period shall last from the effective date of the decision on application of provisional or official trade remedies or the

decision on the outcome of a review of trade remedies to 31 December of the year in which the exemption decision is made.

b) Regarding the requests for exemption from trade remedies received by the investigating authority as prescribed in Clause 2 Article 13 herein, the exemption period shall last for 01 year from 01 January to 31 December of the following year.

c) Regarding the requests for additional exemption received by the investigating authority as prescribed in Clause 4 Article 13 herein, the exemption period shall last from the date of receipt of the valid and sufficient exemption request to 31 December of the year in which the exemption decision is made.

Article 10. Entities requesting exemption from trade remedies The following entities may submit requests for exemption from trade remedies:

1. Importers of products subject to trade remedy investigations; 2. Users of products subject to trade remedy investigations; 3. Other organisations and individuals as decided by the Minister of Industry and Trade.

Article 11. Criteria and form of granting exemption from trade remedies 1. The Minister of Industry and Trade shall consider and decide to grant exemption from trade remedies on products in the circumstances prescribed in Clause 1 Article 9 herein on the basis of evaluation reports submitted by the investigating authority.

2. The investigating authority shall consider and evaluate every request for product exemption from trade remedies according to the following criteria:

a) The trade name, physical properties and chemical properties of the product for which exemption is requested so as to distinguish it and the product subject to the trade remedies;

b) Technical standards of the product for which exemption is requested;

c) The quality of the product for which exemption is requested;

d) The purposes of the product for which exemption is requested;

dd) The domestic industry capacity to produce the products that are like or directly competitive with the product for which exemption is requested;

e) The availability of the like or directly competitive products manufactured by the domestic industry to substitute the product for which exemption is requested;

g) Other criteria as decided by the Minister of Industry and Trade.


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3. Organisations and individuals are exempted from trade remedies according to the volume and quantity of their imports.

Section 2

REQUESTING, INSPECTING AND REVOKING EXEMPTIONS FROM TRADE REMEDIES

Article 12. Request for exemption from trade remedies 1. The initial request for exemption from trade remedies (hereinafter referred to as the "exemption request") includes:

a) The written request for exemption from trade remedies made according to the form provided in Annex 03 herein;

b) The copy of the enterprise's certificate of business registration or investment registration;

c) The document stating specifications of the imported product for which exemption is requested, consisting of: scientific name, trade name, common name; basic physical and chemical properties; main purposes; production process; applicable international and domestic standards and/or regulations; HS code and import duties applied in each period;

d) The document stating information about the volume, quantity and value of imported product for which exemption is requested (normally, for the past three years and in the current year);

dd) The written production process of the product of which input materials are the products for which exemption is requested (if any);

e) The demand for consumption or use of the imported product for which exemption is requested (normally, for the past three years and in the current year);

g) The consumption standard of raw materials which are the products for which exemption is requested;

h) Documents or samples proving the distinctions between the product for which exemption is requested and the imported product subject to a trade remedy.

2. If an organisation or individual submits the additional request for exemption to the investigating authority as prescribed in Clause 4 Article 13 herein, the additional request for exemption includes:

a) The written request for (additional) exemption from trade remedies made according to the form provided in the Annex 03 herein;

b) The document stating information about the volume, quantity and value of the imported product for which additional exemption is requested;

c) Evidences and documents proving that the additional request for exemption is compliant with legal provisions on exemption from trade remedies;

d) Other documents and materials supporting the additional request for exemption.

3. Based on the initial or additional request for exemption, the investigating authority shall consider, verify and request the Minister of Industry and Trade to make the decision on the granting of initial or additional exemption from trade remedies. Article 13. Notice of acceptance of exemption requests

1. The investigating authority shall officially notify the receipt of exemption requests after the Minister of Industry and Trade makes the decision on application of provisional or official trade remedies, or the decision on the outcome of review of trade remedies.


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2. With respect to safeguard measures, the investigating authority shall annually give the official notice of receipt of exemption requests in October. The investigating authority must send the notice of any changes in the safeguard measures to the requesters for exemption in a timely manner so that they can formulate their own suitable business plans. 3. Within 30 days from the date on which the investigating authority notifies the receipt of exemption

requests, the organisations and individuals must submit exemption requests as prescribed in Article 12 herein to the investigating authority, excluding the case specified in Article 4 of this Article. 4. An organisation or individual that wishes to request exemption of a particular product in addition to the products specified in the decision on granting exemption of products from trade remedies within the exemption period must submit the additional request for exemption to the investigating

authority.

5. Within 15 working days from the receipt of the request for further information or documents from the investigating authority, the parties requesting for exemption is liable to provide sufficient and accurate documents as requested. Article 14. Contents of a decision on granting of exemption from trade remedies

1. Name of the organisation or individual that is exempted from trade remedies; 2. Specifications of the imported products which are exempted from trade remedies; 3. The volume and quantity of the imported products which are exempted from trade remedies;

4. Exemption period, terms and obligations of the organisation or individual that is exempted from trade remedies.

Article 15. Refund of trade remedy duties 1. In the case where the imported product is exempted from trade remedies, the trade remedy

duties charged on the shipments for which customs declarations have been submitted within the exemption period will be refunded. 2. Procedures for claiming refunds of trade remedy duties prescribed in Clause 1 of this Article shall be carried out in accordance with applicable legal provisions.

Article 16. Periodical reports

Every 06 months within the exemption period, the organisation or individual that is exempted from trade remedies is required to submit reports on the import of products exempted from trade remedies and its compliance with terms and obligations of exemption to the investigating authority, using the form prescribed in Annex 04 herein.

Article 17. Post-exemption inspection

1. The post-exemption inspection shall be conducted by adopting risk management method as regulated by law to determine the subjects, scope and contents of inspection of approved exemption requests. 2. The post-exemption inspection is aimed to appraise the compliance by the holders of approved

exemption requests with terms and legal provisions on exemption from trade remedies. 3. Contents of a post-exemption inspection include:

a) Examination and verification of the legal status of the organisation or individual granted exemption;

b) Examination and verification the accuracy of the product exempted from trade remedies

according to the exemption request submitted to the investigating authority;


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c) Examination of the adequacy, legality and validity of customs declarations, accounting records, financial statements, documentation and data relating the imported product exempted from trade remedies;

d) Examination of the compliance with terms and obligations of the party requesting for exemption as specified in the exemption decision.

Article 18. Conducting post-exemption inspection

1. At the request of the investigating authority, Minister of Industry and Trade shall decide on inspection and establishment of inspection team. The head of the inspection team must be an official of the investigating authority. The inspection team shall conduct the inspection according to the scope, time limit and contents specified in the decision on establishment of the inspection team.

2. The investigating authority shall send written notices of the decision and plan on post-exemption inspection to organisations and individuals exempted from trade remedies at least 05 working days before the inspection date. 3. While conducting an inspection, the investigating authority is entitled to verify by requesting organisations and/or individuals that are related or are able to assist in clarifying issues, unreasonable contents or signs of violating the law. Such verification includes:

a) Subjects of verification being regulatory bodies, relevant organisations and individuals.

b) Forms of verification including sending written requests; or appointing officials to directly communicate the subjects of verification according to the letter of introduction of the investigating authority.

c) Verification results shall be fully recorded; this record shall be used as the basis for

examining the case.

4. The inspected organisation or individual shall appoint its/his/her representative and relevant officers to provide documents and papers as requested and directly work with the inspection team.

Article 19. Post-exemption inspection results 1. The inspection team shall make the inspection report immediately after completing the inspection,

report inspection results to the inspecting agency and notify them to the inspected organisation or individual. 2. Depending on the degree of violation specified in the inspection report, the inspection team shall suggest the inspecting agency to handle or revoke the exemption decision or transfer the case to competent authorities for consideration in accordance with legal provisions.

3. If inspection findings are made as prescribed in Clause 2 of this Article, the head of the inspection team shall send the inspection findings draft to the inspected organisation or individual. Within 05 working days from the receipt of the draft inspection findings, the inspected organisation or individual shall provide a written response (accompanied by written explanation and documentary evidences) if dissenting from such inspection findings. 4. If the time limit specified in Clause 3 of this Article lapsed, if the inspected organisation or

individual provides no response, it is considered to have assented to the inspection findings. 5. After the period for response, the inspection team shall:

a) Consider the explanation sent by the inspected organisation or individual or work with its/his/her representative if there are matters of disagreement or requiring clarification.

b) In cases where professional or technical advices are required or where the inspection team

does not have reasonable grounds for making inspection findings, the inspection findings shall be issued after obtaining advices from specialised agencies or units.


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Article 20. Revocation of exemption decision 1. The Minister of Industry and Trade shall revoke exemption decisions in the following cases:

a) The imported product exempted from trade remedies is used for the wrong purpose;

b) Fraudulent request for exemption from trade remedies is submitted;

c) Provisions, terms and obligations specified in the exemption decision are not properly complied with or fulfilled;

d) The eligibility requirements for exemption are not satisfied.

2. The organisation or individual has the exemption decision revoked must pay duties on imports as regulated by law.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 21. Responsibility of investigating authority

1. Before issuing any decision on application of official anti-dumping or countervailing measures, the investigating authority must notify and get opinions about the draft investigation determinations to the requesting party and the requested party. 2. The investigating authority shall:

a) Send exemption decisions to parties requesting for exemption;

b) Send decisions on revocation of exemption decision to organisations or individuals granted exemption from trade remedies;

c) Send written exemption decisions and decisions on revocation of exemption decision to the Ministry of Finance and the General Department of Customs;

d) Publish exemption decisions and decisions on revocation of exemption decision on its website and the website of the Ministry of Industry and Trade.

Article 22. Entry into force 1. This Circular comes into force from 15 June 2018.

2. Difficulties that arise during the implementation of this Circular should be reported to the investigating authority and the Ministry of Industry and Trade for consideration and resolution./.

MINISTER

Tran Tuan Anh


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Annex 01: Request for registration as a related party in a trade remedy case

(Issued with Circular No. 06/2018/TT-BCT dated 20 April 2018 of the Minister of Industry and Trade detailing some contents regarding trade remedies)

------------------------------ MINISTRY OF INDUSTRY AND

TRADE

--------------

SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom- Happiness

--------------------- Hanoi, ………………………

REQUEST FOR REGISTRATION

AS A RELATED PARTY IN TRADE REMEDY INVESTIGATION

Case name: .............................................................................................

Case code: ..............................................................................................

Respectfully to: The Director General of the Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade

My name is: ……………………………………………………………………………………………………………………………………………

Title:…………………………………………………………………………………………………………………………………………………………

Enterprise, unit: ……………………………………………………………………………………………………………………………………..

Subject:1 …………………………………………………………………………………………………………………………………………………

Address: ………………………………………………………………………………………………………………………………………………….

Phone number: ………………………………………………………………………………………………………………………………………

Fax: …………………………………………………………………………………………………………………………………………………………

Email: ……………………………………………………………………………………………………………………………………………………..

registering to participate as a related party of the abovementioned trade remedy investigation, would like to request the Investigation authority to consider approving such registration.

I do not have a legal representative

or My legal representative is

..................................................................................................................................

Address:2 ..................................................................................................................................

Submitter

(sign, seal and indicate full name)

1 Please specify in accordance with clause 1 Article 74 of the Law on Foreign Trade Management (for

example: Requesting party, Requested party, Importer, Foreign exporter, etc.) 2 For registration cases that engage law firms.


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Annex 02: Import declaration


------------------------------

TRADER NAME ---------------

No: Regarding import declaration for [1]


--------------------- …………, ………………………

IMPORT DECLARATION

Respectfully to: Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade - Name of manufacturing or importing organisation, individual of the product under investigation:

..........................................................................................................................................

- Address: ..........................................................................................................................

- Phone number: .............................. Fax: ............................. Email: ...................................

- ERC/BRC/IC:2 ...................................................................................................................

- Name of the legal representative: ...................................... Position: ...................................

- Form of operation:........................................................................................................

Requests the Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade to

confirm the import declaration of the product(s) under investigation pursuant to Decision No. ………/QD-BCT dated …………………… of the Minister of Industry and Trade on the initiation of investigation on ……………… and Decree No. 10/2018/ND-CP dated 15 January 2018 detailing a

number of articles of the Law on Foreign Trade Management on trade remedies, specifically regarding the following batch(es):

No. Product name

HS Code (8 digits)

Trade name

Exporting country

Country of origin

Import purpose(s)

Quantity, weight (Unit)

Value (USD)

1 … … … …

2 … … … …

… … … … …

- Import contract No. ……………... dated …………………

- Commercial invoice No. ……………… dated ………………

- Quality certificate (or equivalent document(s) issued by the manufacturer): …………………………………

- Total volume/weight: ………………………………………………………………………………………………………………………….

- Total value (USD): ………………………………………………………………………………………………………………………………

(Convert into USD if payment is in other foreign currency)

- Import port: …………………………………………………………………………………………………………………………………………

(Indicate if importing from a non-tariff area)

1 Product under investigation as described in the Decision to initiate investigation of the Ministry of

Industry and Trade. 2 Enterprise Registration Certificate/Business Registration Certificate/Investment Certificate


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- Proposed date of import procedures: …………………………………………………………………………………………………

(Indicate from ……………… to ………………)

I commit that all of the above-declared information is true and sufficient and understand that these imports may be subject to trade remedies applied retrospectively pursuant to Article 45 of Decree No. 10/2018/ND-CP dated 15 January 2018 detailing a number of articles of the Law on Foreign Trade Management on trade remedies./.

……….., …………………….

HEAD OF THE DECLARING PARTY (Sign, indicate full name, title and seal)


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Annex 03: Request for exemption from trade remedies


------------------------------ MINISTRY OF INDUSTRY AND

TRADE

--------------


--------------------- Hanoi, ………………………

REQUEST

FOR EXEMPTION FROM TRADE REMEDIES

Case: (Anti-dumping, Anti-subsidy, Safeguard)

Case code: Request:1 (first request, supplement)

I. INFORMATION ON ORGANISATION, INDIVIDUAL REQUESTING EXEMPTION

1. ENTERPRISE NAME: ………………………………………………………………………………………………………………………….

ERC/BRC/IC2 information: …………………………………………………………………………………………………………………….

Abbreviated name (if any): ……………………………………………………………………………………………………………………

Address: …………………………………………………………………………………………………………………………………………………

Phone number: …………………………… Email: …………………………………………………………………………………………….

Contact person: ……………………………Mobile phone: ……………………………………………………………………………….

2. LEGAL REPRESENTATIVE (IF ANY)

..........................................................................................................................................

3. FIELD OF PRODUCTION, BUSINESS

Form of operation of the enterprise: (manufacturing, commercial trading, importing, using the product(s) in question to manufacture other product(s), etc.)

II. INFORMATION ON IMPORTED GOODS UNDER THE EXEMPTION REQUEST

1. NAME AND FULL DESCRIPTION OF THE PRODUCT UNDER THE EXEMPTION REQUEST

..........................................................................................................................................

2. PROVIDE DETAILED INFORMATION ON THE PRODUCT UNDER THE EXEMPTION REQUEST ACCORDING TO THE FOLLOWING TABLE

(Please provide available documents with clarifying descriptions)

1 For supplementing request, information in Section II.2 needs not be provided. 2 Enterprise Registration Certificate/Business Registration Certificate/Investment Certificate


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2.1. First product under the exemption request:

HS Code classification:

Property Product under the exemption request

Like product, directly competitive product

manufactured domestically (or specify if there is no

domestic manufacturing)

Quantify distinctions between the product under the exemption request and like or directly competitive

product

Physical properties

Chemical components

Size

Technical specifications

Quality

Usage

Market segment

End user

Other

2.2. Second, third, etc. product under the exemption request (please provide information similar to section 2.1)

III. REASONS FOR THE EXEMPTION REQUEST

Please detail the bases and reasons for the enterprise's request to the Investigation authority for exemption from trade remedies for the imported products in question.

IV. INFORMATION ON THE AMOUNT AND VALUE OF IMPORT

Please provide information on the import amount and value for the product(s) under the exemption request in the recent 03 years according to the following form:

Country of origin under investigation, subject to measures:

…………

Year 01 Year 02 Year 03 Current year

Amount (unit)

Value (unit)

Unit price (unit)

Please specify if the enterprise wants to keep the information, data provided under this section

confidential.

V. WEIGHT, AMOUNT UNDER THE EXEMPTION REQUEST

Please specify the weight, amount under the exemption request and the bases for such weight, amount.

VI. MATERIALS, INFORMATION CLARIFYING PRODUCT DESCRIPTION ATTACHED WITH THE REQUEST

a) Documents proving the distinctions (on physical/chemical properties, product surface, etc.)

between goods under the exemption request and the like or directly competitive goods produced domestically;

b) Documents on production capacity of goods using inputs which are the goods under the

exemption request;


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c) Documents on the import volume and import value of the goods under the exemption request in the last 3 years;

d) Other documents (if any).

VII. COMMITMENTS

The undersigned (legal representative of the enterprise) commits that the abovementioned information is adequate and accurate and understands that the information will be examined and

verified by the Investigation Authority.

I am willing to accept that the Investigation Authority may conduct on-site examination to verify the information provided in this Request. If the Investigation Authority – Ministry of Industry and Trade discovers violations, the enterprise shall bear full responsibility before the law and be

subject to retrospective collection of exempted import tax amounts pursuant to provisions of the law./.

REPRESENTATIVE OF THE ENTERPRISE

(sign, seal and indicate full name, title)


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Annex 04: Report on the import status of exempted goods

(Issued with Circular No. 06/2018/TT-BCT dated 20 April of the Minister of Industry and Trade detailing some contents on trade remedies)

------------------------------

TRADER NAME -------

SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom - Happiness

--------------- No. …………, …………….

REPORT ON THE IMPORT STATUS OF EXEMPTED GOODS

Respectfully to: Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade

Pursuant to Circular No. 06/2018/TT-BCT dated 20 April 2018 of the Minister of Industry and

Trade stipulating cases of exemption from trade remedies and Decision No. ----/QD-BCT dated ………. of the Ministry of Industry and Trade on exemption from trade remedies for importing enterprises, the enterprise reports about its imports as follows:

1. Enterprise information:

Enterprise name: ……………………………………………………………………………………………………………………………………

Address:…………………………………………………………………………………………………………………………………………………

Contact person:………………………………………………………………………………………………………………………………………

Position: …………………….Email: ………………………….Tel: ………………………………………

2. Reporting period: from ……………….. to ……………

3. Import data

Item name

HS code (8 digits)

Custom declaration

number

Quantity /weight

Price (USD)

Cumulative import

quantity to the reporting

time

Cumulative import values

to the reporting

time (USD)

Import port

Country of origin

The undersigned person commits that all information provided in this Report on import status of exempted goods is adequate and accurate and understands that the Investigation authority may inspect pursuant to regulations./.

………, …………

REPRESENTATIVE OF THE ENTERPRISE (sign, seal, indicate full name)


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THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness

No. 10/2018/ND-CP

Hanoi, 15 January 2018

DECREE

Detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies

Pursuant to the Law on Organisation of the Government dated 19 June 2015;

Pursuant to the Law on Foreign Trade Management dated 12 June 2017;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies.

Chapter I

GENERAL PROVISIONS


This Decree details a number of articles of the Law on Foreign Trade Management regarding the

bases for initiation, order, procedures, time limit, contents, and bases for termination of trade remedy cases; methods of determining injury to a domestic industry; anti-circumvention of trade remedies; responsibility of related agencies to coordinate in the investigation process; exemption from trade remedies; and handling of trade remedies applied to Vietnamese exports.

Article 2. Subjects of application

1. State management agencies competent to investigate, apply and handle trade remedies.

2. Vietnamese traders, foreign traders, and other domestic and foreign agencies, organisations and individuals involved in the investigation, application and handling of trade remedies.

Article 3. Interpretation of terms

In addition to the terms referred to in the Law on Foreign Trade Management, in this Decree, the terms below are construed as follows:

1. Evidence means the facts used by the trade remedy investigating authority as a ground for settlement of a trade remedy case.

2. Applicant(s) means a lawful representative organisation, individual of the domestic industry that submits a dossier of application for trade remedy investigation or investigation of anti-circumvention of trade remedies.

3. Respondent(s) means a foreign producer or exporter against whom a dossier of application for trade remedies is filed by the Applicant or investigation for anti-circumvention of trade remedies or

against whom the investigating authority conducts investigation on their own initiative under a decision of the Minister of Industry and Trade.

4. Period of investigation means the period of time set by the investigating authority to collect information, evidence and data to serve the investigation.


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5. Investigation phase means the period of time from the date of initiation under the decision of the Minister of Ministry of Industry and Trade to the date of conclusion of the investigation by the investigating authority.

6. Consultation means the exchange and expression by interested parties of their opinions on a case with the investigating authority in accordance with the law.

Article 4. Determination of domestic industry

1. The determination of a domestic industry shall comply with Clause 1, Article 69 of the Law on Foreign Trade Management.

2. The volume or quantity of produced products accounting for at least 50% of the total volume or quantity of domestically produced like products or directly competitive products shall be regarded

as making up a major proportion of the total domestic production of those products as prescribed in Clause 1, Article 69 of the Law on Foreign Trade Management. The investigating authority may

consider a lower proportion if having evidence that such percentage is high enough to be considered a major proportion.

3. In anti-dumping and countervailing investigation cases, the producers in a certain geographical market in the territory of Viet Nam may be considered a domestic industry if the following conditions are fully met:

a) The producers in such market sell all or almost all of their production of the product in that market;

b) The demand in that market is not to any substantial degree supplied by producers of the like products located elsewhere in the territory

In such circumstance, injury may be found to exist by the investigating authority even when the domestic producers of like products in other markets is not injured, provided it can ascertain that dumping or subsidisation acts occur only in such geographical market and cause injury to all or almost all producers within such market.

Article 5. Determination of the relationship between producers of like products and exporters or importers of products under investigation for application of trade remedies

1. Producers of like products shall be deemed to be related to exporters or importers of products under investigation for application of trade remedies under Clause 1, Article 69 of the Law on Foreign Trade Management in the following cases:

a) One of them directly or indirectly controls the other;

b) Both of them are directly or indirectly controlled by a third person;

c) Together they directly or indirectly control a third person.

2. Either party may be deemed to control another when the former has the right to direct the financial policies and operations of the latter.

Article 6. Refund of trade remedy duties

1. The refund of trade remedy duties must comply with Clauses 5 and 6, Article 68 of the Law on Foreign Trade Management.

2. Trade remedy duty amounts refunded under Clause 1 of this Article do not earn interest.

3. Procedures for refund of trade remedy duties are the same as those for refund of overpaid import

duty amounts prescribed in the law on tax administration.


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Article 7. Exemption from trade remedies

1. The Ministry of Industry and Trade may consider not applying a trade remedy through granting exemption for certain types of products on the principle that such exemption does not reduce the overall effectiveness of the trade remedy.

2. An organisation or individual shall submit a dossier of request for exemption from trade remedies (hereinafter referred to as request for exemption), made according to the form issued by the

investigating authority, to the Ministry of Industry and Trade for consideration of the exemption.

3. Within 7 working days after receiving a dossier of request for exemption, the investigating authority shall notify the submitter of the request for exemption of the completeness and validity of the request. If the request for exemption is incomplete and invalid, the investigating authority shall notify as such to the submitter for supplementation.

4. Within 45 days after receiving a complete and valid dossier of request for exemption, the Ministry

of Industry and Trade shall consider and decide on the exemption from trade remedies. If refusing to grant the exemption, the investigating authority shall notify the reason to the dossier submitter.

5. If the organisation or individual that has been granted exemption from a trade remedy fails to comply with regulations on and conditions for exemption, the Ministry of Industry and Trade may revoke the decision on the exemption and notify as such to the customs agency for handling under regulations.

6. The Minister of Industry and Trade shall guide in detail cases of exemption from trade remedies.

Article 8. Management of the import of products under investigation for application of trade remedies

1. From the date of issuance of a decision on investigation for application of a trade remedy to the date the investigation finishes, the Ministry of Industry and Trade may apply the regime of import declaration to products under investigation in order to serve the investigation. Such declaration will not restrict the quantity, volume or value of imported products.

2. A dossier of import declaration must comprise:

a) An import declaration made according to the form issued by the investigating authority;

b) The commercial invoice: 01 copy (appended with the trader's certified true-copy stamp);

c) The quality certificate or another paper of equivalent validity, issued by the producer: 01 copy (appended with the trader's certified true-copy stamp).

3. Within 02 working days after receiving an import declaration dossier, the investigating authority shall notify the dossier submitter of the completeness and validity of the dossier. If the dossier is

incomplete and invalid, the investigating authority shall notify as such to the dossier submitter for supplementation.

4. Within 3 working days after receiving a complete and valid dossier, the investigating authority shall send by post the written confirmation of the import declaration to the dossier submitter's address stated in the import declaration.

5. The customs agency shall coordinate with the Ministry of Industry and Trade in supervising the import declaration for products under investigation.

Article 9. Rights and obligations of interested parties in trade remedy cases

1. The Applicant and Respondent have the following rights:


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a) To have access to information provided by other interested parties to the investigating authority, except confidential information specified in Article 11 of this Decree;

b) To send their opinions on the draft of preliminary determinations,, final determinations, review or anti-circumvention investigation conclusions within 07 days from the date of issuance of those drafts by the investigating authority.

c) To request the investigating authority to extend the time limit for information provision or

for responding to questionnaires;

d) To request the treatment of information confidentiality under Article 11 of this Decree;

dd) To participate in public hearing, express their views and provide evidence and materials relating to trade remedy cases;

e) To authorise others to participate on their behalf in the process of settling trade remedy cases;

g) To request the investigating authority to hold separate consultation meetings under Clause 1, Article 13 of this Decree;

h) To lodge complaints about or initiate lawsuits against decisions of the Minister of Industry and Trade in accordance with the Vietnamese law on complaints and initiation of lawsuits.

2. The Applicant and Respondent have the following obligations:

a) To timely provide sufficient, truthful and accurate evidence, information and materials relating to their requests;

b) To promptly provide sufficient, truthful and accurate evidence, information and materials at the request of the investigating authority;

c) To comply with decisions of the Minister of Industry and Trade.

3. Interested party defined in Article 74 of the Law on Foreign Trade Management, which is neither the Applicant nor the Respondent, has the following rights and obligations:

a) To provide truthful information and necessary materials relating to trade remedy investigation cases on their own initiative or at the request of the investigating authority;

b) To request the investigating authority to ensure information confidentiality under Article 11 of this Decree;

c) To have access to information on trade remedy investigation cases, except for confidential information referred to in Article 11 of this Decree;

d) To participate in public hearing, express their views and provide evidence and materials relating to trade remedy cases.

4. Interested parties are not required to pay a charge for participation in settling trade remedy cases involving products imported into Viet Nam.

Article 10. Non-cooperation of interested parties in trade remedy cases

1. If any interested party fails to participate in a trade remedy case or fails to provide necessary evidence or causes significant obstacles to the completion of the investigation, the preliminary or final determination under which that party is involved shall be made based on facts available.


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2. If any interested party provides inaccurate or misleading information, such information shall not be considered, and preliminary or final determination in relation to that party shall be made based on facts available.

3. Non-cooperating interested parties referred to in Clauses 1 and 2 of this Article shall not be granted exemption from trade remedies prescribed in Article 7 of this Decree.

Article 11. Treatment of confidential information

1. The investigating authority shall make public non-confidential information relating to trade remedy cases. Such disclosure shall be made via electronic means or other means as suitable to the technical infrastructure of the investigating authority.

2. The investigating authority shall treat the following information provided by interested parties as

confidential, including:

a) National secrets and other secrets as prescribed by law;

b) Information which is provided, on a confidential basis, at the request of the provider and is accepted by the investigating authority.

3. Information provided by an interested party shall be classified into confidential and non-confidential. For confidential information, the interested party shall enclose it with a written explanation stating the reasons for confidentiality and a written summary of the confidential information that may be disclosed to other interested parties.

4. If rejecting the information provider's request for information confidentiality or the information

provider fails to provide a written summary of the confidential information prescribed in Clause 3 of

this Article, the investigating authority may not use such information.

5. Before the Minister of Industry and Trade decides to launch an investigation, the investigating authority shall restrict the disclosure of information about the case.

Article 12. On-site investigations

1. The investigating authority may conduct on-site investigations to verify the completeness, accuracy and truthfulness of evidence and information provided by interested parties.

2. The investigating authority may conduct an on-site investigation only when such is consented by the interested party subject to investigation.

3. Before conducting an on-site investigation, the investigating authority shall send a notice of the investigation and investigation contents to the interested party that is subject to investigation.

4. If wishing to conduct an on-site investigation abroad, the investigating authority shall notify such to the representative of the government of the country where the enterprise subject to investigation

is located.

Article 13. Consultation

1. In the course of investigation for application of trade remedies, review of trade remedies, or anti-circumvention of trade remedies, the investigating authority may hold separate consultations with interested parties at the latter's written request provided that such consultations do not affect the time limit for investigation or review.

2. Before finishing the investigation, the investigating authority shall hold a public consultation

meeting with interested parties. The investigating authority shall notify interested parties of such

consultation meeting at least 30 days before it is held.


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3. At least 7 days before the opening date of a public consultation meeting, interested parties shall send a registration for participation in the meeting to the investigating authority, which may specify issues to be consulted and their arguments. Interested parties are not required to pay a charge for participation in a consultation meeting.

4. Within 7 days after a public consultation meeting closes, interested parties shall send to the investigating authority their written opinions presented at the meeting.

5. Within 15 days after a public consultation meeting is held under Clause 2 of this Article, the investigating authority shall disclose the written consultation record to interested parties.

Article 14. Information provision by Vietnamese state management agencies and trade associations

1. Within the ambit of their powers and functions, Vietnamese customs offices shall:

a) Timely provide sufficient data and information on imported products under investigation at

the proposal of the investigating authority;

b) Coordinate with the investigating authority in providing anonymous data and information about the quantity or volume and value of imported and exported products related to the investigation, application and handling of trade remedies at the request of enterprises and trade associations. The order, procedures and expenses of provision and cases where information provision is refused, and other contents must comply with the Law on Access to Information.

2. From the effective date of a decision on application of trade remedies, the customs office shall provide information about trade remedy duty amounts, volume or quantity and value of imported products subject to trade remedies at the request of the investigating authority.

3. Trade associations and the Viet Nam Chamber of Commerce and Industry shall, within the ambit of their functions and powers, coordinate with the investigating authority in providing information and data on import, export, production and trading of products under their management at the request of the investigating authority.

Article 15. Application of trade remedies to underdeveloped or developing countries and territories

1. The application of trade remedies to products originating from an underdeveloped or developing country or territory (hereinafter referred to as country) must comply with Clauses 2 and 3, Article 86, and Clause 2, Article 92, of the Law on Foreign Trade Management.

2. The list of underdeveloped and developing countries shall be determined by the investigating

authority based on reliable data.


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Chapter II

INVESTIGATION AND APPLICATION OF ANTI-DUMPING AND COUNTERVAILING MEASURES

Section 1

DUMPING AND SUBSIDISATION

Sub-section 1

DUMPING

Article 16. Methods of determining normal value

1. In the case like products are sold in the market of an exporting country in a significant volume or quantity, their normal values are the comparable prices of like products currently sold in that market

in the ordinary course of trade specified in Article 17 of this Decree.

2. In the case like products are not sold in the market of an exporting country or such sale does not permit reasonable comparison due to a particular market situation or because like products are sold in the market of an exporting country in a negligible volume or quantity, their normal values may be:

a) The comparable prices of like products when exported to an appropriate third country provided that such prices are representative;

b) Set by the investigating authority based on reasonable costs of products plus other

reasonable expenses and reasonable profits in each stage from manufacturing to sale in the

market of the exporting country or a third country.

3. The volume or quantity of like products sold in the market of an exporting country referred to in Clause 1 of this Article shall be considered significant if it accounts for at least 5% of the total volume or quantity of products under investigation which are exported to Viet Nam. The investigating authority may consider a lower percentage if having evidence that such percentage is high enough for conducting a reasonable comparison.

Article 17. Ordinary course of trade

Like products shall be considered being sold in the market of an exporting country under normal trade conditions, except:

1. Like products sold in the domestic market of an exporting country or exported to the market of a third country at a price lower than their costs of production for a period of at least 6 months, and in

a volume or quantity accounting for less than 20% of the total volume or quantity of products sold

in that country or exported to the market of a third country;

2. Like products sold in the domestic market of an exporting country or exported to the market of a third country between the parties that have a relationship as prescribed in Article 5 of this Decree and at a price not reflecting the market price;

3. Like products sold in the domestic market of an exporting country or exported to the market of a third country on the basis of compensatory arrangements.

Article 18. Methods of determining export prices

1. Export price means the selling price of products exported to Viet Nam under investigation based on lawful transaction documents.

2. If no export price is available or there is evidence that the export price is unreliable, the investigating authority may determine the export price based on:


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a) The price of reselling products to the first independent buyer. The first independent buyer is understood as a buyer that has no relationship with the related producer or exporter defined in Article 5 of this Decree;

b) Other reasonable grounds.

2. An export price shall be considered unreliable as prescribed in Clause 2 of this Article if the producer, exporter, importer or third party has a relationship prescribed in Article 5 of this Decree

or has compensatory arrangements.

Article 19. Adjustment of normal values and export prices

When determining the dumping margin, the investigating authority shall consider:

1. Adjusting the normal value and export price to the same level of trade.

2. Adjusting the normal value and export price in respect of sales made at as nearly as possible the same time.

3. Adjusting the normal value and export price in the case where there are differences in taxation, conditions and terms of sale, commercial level, quantities, physical characteristics or other factors which are deemed appropriate by the investigating authority.

4. When converting currencies, using the rate of exchange rate applicable on the date of sale, except the case of sale of exported products under a definite-term contract which states the applicable rate of exchange. In the case of exchange rate fluctuations, the investigating authority shall make appropriate adjustments based on such fluctuations in the period of investigation.

5. Making other adjustments deemed appropriate by the investigating authority.

Article 20 Methods of determining dumping margins

1. The dumping margin shall be determined based on the difference between the normal value and export price under Articles 16, 17, 18 and 19 of this Decree.

2. The dumping margin shall be determined by comparing:

a) The weighted average of the normal value with a weighted average of prices of all comparable export transactions;

b) The normal value with export prices on a transaction-to-transaction basis;

c) The weighted average of the normal value with the prices of individual export transactions

if there exist significant differences in the export prices among different purchasers, regions or time periods.

3. The investigating authority shall determine separate dumping margins for products under investigation of each foreign producer or exporter in an investigation case for application of

anti-dumping measures, except the case prescribed in Clause 4 of this Article.

4. In the case the number the requested parties or the types of products under investigation is too high, the investigating authority may narrow the scope of investigation by using the method of sample selection prescribed in Article 36 of this Decree for determining the dumping margin.

5. In the case the investigating authority narrows the scope of investigation under Clause 4 of this Article, the dumping margin shall be applied as follows:

a) A separate dumping margin shall be applied to products under investigation of each

producer or exporter that has been selected as a sample and cooperated with the investigating authority in the investigation stage;


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b) A separate dumping margin shall be applied to products under investigation of the producer or exporter that has been selected as a sample but refused to cooperate or inadequately cooperated with the investigating authority in the investigation stage;

c) A separate dumping margin shall be applied to products under investigation of the producer or exporter that is not selected as a sample but voluntarily participates and cooperates with the investigating authority in the investigation stage;

d) The dumping margin shall be applied to products under investigation of remaining producers or exporters.

Sub-section 2

SUBSIDIES

Article 21. Specificity of subsidies

1. Subsidies prescribed in Article 84 of the Law on Foreign Trade Management shall be considered specific when they are applied exclusively to certain organisations, individuals or industries or applied only to organisations, individuals or industries in certain geographical areas of the countries under investigation for application of countervailing measures.

2. The specificity of a subsidy shall be determined as follows:

a) There is an explicit limit to access to the subsidy to one organisation or individual or a group of organisations or individuals or a group of certain industries;

b) There are objective criteria and conditions for eligibility for the subsidy established in legal

documents but not automatically applied in practice;

c) The subsidy is explicitly limited to organisations and individuals located in a certain geographical area;

d) In the case the subsidy is not specific as prescribed in Point a, b or c of this Clause, the investigating authority may still determine its specificity on the basis of considering such factors as limited number of subsidised enterprises, disproportionate distribution of the

subsidy, and manner of grant of the subsidy by competent authorities.

3. The subsidies referred to in Clauses 1 and 2, Article 85 of the Law on Foreign Trade Management are considered specific.

Article 22. Methods of determining subsidy values

1. Methods of determining subsidy values are prescribed below:

a) If a subsidy is a non-refundable grant provided to an organisation or individual, its value is

the actual value of such grant;

b) If a subsidy is provided by a government or public organisation as a loan to an organisation or individual, its value is the difference between the payable interest on such loan under market conditions and the payable interest on such loan by such organisation or individual;

c) If a subsidy is provided by a government or public organisation in the form of loan guarantee, its value is the difference between the payable interest in the absence of guarantee and the payable interest in the presence of guarantee;

d) If a subsidy is provided by a government or public organisation in the form of a direct

transfer of capital or shares to an enterprise, its value is the actual capital amount the enterprise receives;


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dd) If a subsidy is provided in the form of purchase of products or services by a government or public organisation from an organisation or individual at a price higher than the market price, its value is the difference between the market price and the price to be paid by the government or public organisation for such products or services;

e) If a subsidy is provided in the form of sale of products or services by a government or public organisation to an organisation or individual at a price lower than the market price, its

value is the difference between the market price and the actual selling price of such products or services;

g) If a subsidy is provided in the form of non-collection by a government or public organisation of an amount which the concerned organisation or individual has to pay, its value is the difference between the law-prescribed payable amount and the actually paid amount.

2. The values of subsidies in other forms shall be calculated in an equal and reasonable manner in

conformity with international practices.

Section 2

DETERMINATION OF INJURY TO A DOMESTIC INDUSTRY

Article 23. Determination of material injury to a domestic industry

1. Material injury to a domestic industry shall be determined on the basis of considering the following factors:

a) The increase in the volume or quantity of dumped or subsidised products which are imported into Viet Nam in absolute terms or in relation to the volume or quantity of like products domestically produced or consumed;

b) The effects of price depression or suppression of imported products under investigation on selling prices of like products domestically produced;

c) The impacts of dumped or subsidised products on the status of production and business activities of a domestic industry, including actual and potential decline in revenue, sales, profit,

output, market share, capacity, productivity, and investment; factors affecting domestic selling prices; magnitude of dumping margin, and subsidy level; and actual and potential adverse effects on cash flow, inventories, employment, wages, and ability to raise capital;

d) Other factors.

2. The determination of material injury to a domestic industry shall be based on specific evidence.

Article 24. Determination of threat of material injury to a domestic industry

1. The threat of material injury to a domestic industry shall be determined on the basis of considering the following factors:

a) The increase in the volume or quantity of dumped or subsidised products which are imported into Viet Nam in absolute terms or in relation to the volume or quantity of like products domestically produced or consumed;

b) Whether the capacity of foreign producers or exporters is high enough or likely to significantly increase in the near future, leading to a significant increase in the volume or

quantity of imported products under investigation;

c) Whether the dumped or subsidised products imported into Viet Nam significantly reduce or depress at a significant level or prevent a significant increase in the selling prices of

domestically produced like products, leading to the possibility of an increase in the demand for the imported products;


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d) Inventory data of products under investigation;

dd) Other factors.

2. The overall consideration of the elements referred to in Clause 1 of this Article shows the actual possibility of the increase of the import of dumped or subsidised products and that material injury will occur if no anti-dumping measures or countervailing measures are applied.

3. The determination of the threat of material injury to a domestic industry shall be based on specific

evidence.

Article 25. Determination of significant impediment to the formation of a domestic industry

1. The formation of a domestic industry shall be determined on the basis of considering the following factors:

a) Characteristics of that industry;

b) The operation period of that industry; c) The size of that industry compared to the entire market; d) The reasonable financial break-even point of that industry; dd) Whether that industry is new or an expansion of an existing industry's production line; e) Other factors deemed appropriate by the investigating authority.

2. Significant impediment to the formation of a domestic industry prescribed in Clause 1 of this Article shall be determined on the basis of considering the following factors:

a) Plan of that industry;

b) Manufacturing capacity and output; c) Volume or quantity of products sold in the country; d) Market share, revenue and profit; dd) Selling prices of domestic like products; e) Exportation of like products and importation of products under investigation; g) Inventory;

h) Workforce and wage; i) Other factors deemed appropriate by the investigating authority.

3. The determination of significant impediment to the formation of a domestic industry shall be based on specific evidence.

Article 26. Principles of cumulative assessment

1. In the case products under investigation are imported from two or more producing or exporting

countries, the investigating authority may conduct a cumulative assessment of the injury caused by such products.

2. The cumulative assessment of the effects of products under investigation should take into account competition conditions between products under investigation and competition conditions between products under investigation and domestically produced like products.

3. The cumulative assessment prescribed in Clause 1 of this Article does not include countries with dumping margins and subsidy levels prescribed in Clauses 2 and 3, Article 78, and Clauses 2 and 3,

Article 86, of the Law on Foreign Trade Management.

Article 27. Determination of the causal relationship between the dumping or subsidisation of products imported into Viet Nam and injury to a domestic industry

When determining the causal relationship between the dumping or subsidisation of products

imported into Viet Nam and material injury or threat of material injury to domestic industry or significant impediment to the formation of a domestic industry, the investigating authority shall:


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1. Consider whether the dumping or subsidisation causes a material injury or threatens to cause a material injury to that industry or causes a significant impediment to the formation of that industry.

2. Not regard other factors other than the dumping or subsidisation for products imported into Viet Nam that causes or threatens to cause a material injury to that industry or causes a significant impediment to the formation of that industry as impacts caused by such dumping or subsidisation. These factors include:

a) The volume or quantity of like products imported into Viet Nam which are not dumped or subsidised;

b) The level of decline in consumption demand or change in the form of consumption for domestically produced like products;

c) Trade restriction policy;

d) Technology development;

dd) Exportability and productivity of the domestic industry;

e) Other factors deemed appropriate by the investigating authority.

Section 3

ANTI-DUMPING OR COUNTERVAILING INVESTIGATION

Article 28. Dossiers of request for application of anti-dumping measures

1. A dossier of request for application of anti-dumping measures must comprise a written request

for application of anti-dumping measures and relevant papers and documents.

2. A written request for application of anti-dumping measures must have the following contents:

a) Name, address and other necessary information of the representative of the concerned domestic industry;

b) Information, data and evidence for determining the representation of the concerned domestic industry, including a list of domestic producers of like products, and volume or quantity of the produced like products;

c) Names and addresses of producers of like products that support or oppose the case;

d) Information describing imported products requested for investigation for application of anti-dumping measures, including scientific names, trade names and common names; composition; basic physical and chemical characteristics; manufacturing process; main use

purpose; applicable international and Vietnamese standards and regulations; product headings according to Viet Nam's List of Exports and Imports and applicable import duty rates

specified in the export and import tariffs in each period;

dd) Information describing like products of the concerned domestic industry, including scientific names, trade names and common names; basic physical and chemical characteristics; main use purpose; manufacturing process; and international and Vietnamese standards and regulations;

e) Information on the volume or quantity and value of imported products as prescribed in Point d of this Clause during the period of 12 months before the date of dossier submission;

g) Information on the volume or quantity and value of like products of the domestic industry concerned as prescribed in Point dd of this Clause during the period of 12 months before the date of dossier submission, unless that industry has operated for under 12 months only;


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h) Information on normal values and export prices of products described under Point d of this Clause; and dumping margins of imported products requested for investigation for application of anti-dumping measures;

i) Information, data and evidence on the material injury or threat of material injury to or significant impediment to the formation of a domestic industry;

k) Information, data and evidence on the causal relationship between the import of the

products specified in Point d of this Clause and material injury or threat of material injury to or significant impediment to the formation of a domestic industry;

l) Information on the exporting country or origin of the products requested for investigation for application of anti-dumping measures, including a list of foreign producers or exporters and importers;

m) Specific requirements on the application of anti-dumping measures, time limit and extent

of application.

Article 29. Dossier of request for application of countervailing measures

1. A dossier of request for application of countervailing measures must comprise a written request for application of countervailing measures and relevant papers and documents.

2. A written request for application of countervailing measures must have the following contents:


b) Information, data and evidence for determining the representation of the concerned domestic industry, including a list of domestic producers of like products, and volume or quantity of the produced like products;


d) Information describing imported products requested for investigation for application of countervailing measures, including scientific names, trade names and common names; composition; basic physical and chemical characteristics; main use purpose; manufacturing

process; international and Vietnamese standards and regulations; products headings according to Viet Nam's List of Exports and Imports and applicable import duty rates specified in the export and import tariffs in each period;

dd) Information describing like products of a domestic industry, including scientific names, trade names and common names; composition; basic physical and chemical characteristics;

main use purpose; manufacturing process; and international and Vietnamese standards and

regulations;

e) Information on the volume or quantity and value of imported products as prescribed in Point d of this Clause during the period of 12 months before the date of dossier submission;

g) Information on the volume or quantity and value of like products of the concerned domestic industry as prescribed in Point dd of this Clause during the period of 12 months before the date of dossier submission, unless that industry has only operated for under 12 months;

h) Information and evidence of the foreign subsidy, including the existence of the subsidy;

country claimed to provide the subsidy; names and addresses of foreign organisations and individuals claimed to receive the subsidy; form of the subsidy and subsidy policy; and quantity or volume and value of the subsidy;

i) Information, data and evidence on the material injury or threat of material injury to or significant impediment to the formation of a domestic industry;


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k) Information, data and evidence on the causal relationship between the import of the products specified in Point d of this Clause and material injury or threat of material injury to or significant impediment to the formation of a domestic industry;

l) Specific requirements on the application of countervailing measures, time limit and extent of application.

Article 30. Receipt of dossiers of request for application of anti-dumping measures and

countervailing measures

1. Within 15 days after receiving a dossier of request for application of anti-dumping or countervailing measures (hereinafter referred to as dossier of request), the investigating authority shall notify the dossier submitter of the completeness and validity of the dossier. If the dossier is incomplete and invalid, the investigating authority shall notify as such to the dossier submitter for

supplementation.

2. The time limit for supplementation of a dossier of request shall be set by the investigating authority but must not be fewer than 30 days from the date the investigating authority issues a written request for supplementation.

Article 31. Appraisal of dossiers of request

1. The appraisal of a dossier of request and issuance of an investigation decision must comply with Clause 2, Article 70 of the Law on Foreign Trade Management.

2. The appraisal of a dossier of request must cover:

a) Determination of the dossier submitter's eligibility to act as a lawful representative of the

concerned domestic industry based on Clause 2, Article 79, and Clause 2, Article 87, of the Law on Foreign Trade Management;

b) Identification of evidence that the dumping or subsidisation for products imported into Viet Nam causes or threatens to cause a material injury to a domestic industry or causes a significant impediment to the formation of a domestic industry.

Article 32. Decisions on investigation for application of anti-dumping measures and


A decision issued by the Minister of Industry and Trade on investigation for application of anti-dumping or countervailing measures must have the following principal contents:

1. Detailed description of imported products under investigation, product headings according to Viet Nam's List of Exports and Imports and their applicable import duty rates specified in the export

and import tariffs in each period;

2. Information on domestic producers of like products that request application of anti-dumping or countervailing measures;

3. Brief information about the dumping or subsidisation for products imported into Viet Nam that causes or threatens to cause a material injury to the concerned domestic industry or causes a significant impediment to the formation of a domestic industry;

4. The order and procedures for the investigation.

Article 33. Compilation of dossiers of request for application of anti-dumping measures

and countervailing measures in the absence of Applicants

1. In the absence of an Applicant, if there are clear signs that the dumped or subsidised products imported into Viet Nam cause or threaten to cause a material injury to a domestic industry, the investigating authority shall make a dossier of request for application of anti-dumping or


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countervailing measures and submit it to the Minister of Industry and Trade for decision on investigation.

2. The dossier made by the investigating authority must have the contents specified in Articles 28 and 29 of this Decree (except those in Points a, b and c, Clause 2).

3. Related organisations and individuals shall coordinate with and provide necessary information at the request of the Ministry of Industry and Trade.

Article 34. Period of investigation

1. The period of investigation for determining dumping or subsidisation is 12 months. In special cases, the investigating authority may set another period of investigation which must not be shorter than 6 months.

2. The period of investigation for determining injury is at least 3 years and must cover the whole period of investigation for determining dumping or subsidisation acts. If a interested party has only

operated for under 3 years, the to-be-collected data will be those of the entire operation time of such party up to the time of issuance of the investigation decision.

Article 35. Questionnaires for investigation

1. Within 15 days after the Minister of Industry and Trade issues an investigation decision, the investigating authority shall send questionnaires to interested parties, including:

a) Domestic producers of like products;

b) Foreign producers or exporters that export products under anti-dumping or countervailing

investigation to Viet Nam, which the investigating authority knows;

c) Viet Nam-based representatives of the governments of the countries that manufacture or export products under anti-dumping or countervailing investigation;

d) Importers of products under anti-dumping or countervailing investigation;

dd) Other related parties.

2. Within 30 days after receiving questionnaires, interested parties shall fully fill out the questionnaires in writing. When necessary or when interested parties make a written request for

extension of this time limit for a plausible reason, the investigating authority may extend such time limit for another 30 days at most.

3. A questionnaire shall be considered having reached the recipient after 7 days from the date it is

sent by the investigating authority. The sending date shall be determined according to the postmark.

Article 36. Selection of samples for investigation

1. If the number of foreign producers or exporters, importers and domestic producers is too large

or there are too many types of products requested for application of anti-dumping or countervailing measures, the investigating authority may narrow the scope of investigation.

2. The narrowing of the scope of investigation is prescribed below:

a) The narrowing shall be made by selecting appropriate statistical samples based on the volume or quantity of products under investigation for application of anti-dumping or countervailing measures which are produced and exported to Viet Nam by the respondent or based on information available to the investigating authority at the time of sample selection;


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b) When selecting samples for investigation, the investigating authority may consult the respondent and importers related to the sample selection and seek the consent of the respondent to this sample selection.

Section 4

APPLICATION OF ANTI-DUMPING MEASURES OR COUNTERVAILING MEASURES

Article 37. Imposition of provisional anti-dumping duties and countervailing duties

1. The imposition of provisional anti-dumping duties or countervailing duties, duty rates, time limit for duty imposition, and extension of the time limit for duty imposition must comply with Clause 1, Article 81, and Clause 1, Article 89, of the Law on Foreign Trade Management.

2. A decision on imposition of provisional anti-dumping duties or countervailing duties must have the following principal contents:

a) Description of imported products subject to duty imposition, including names, basic

characteristics and main use purpose, and product headings according to Viet Nam's List of Exports and Imports and applicable import duty rates specified in the current export tariff or import tariff;

b) Names, addresses and other necessary information of the producers or exporters of products subject to duty imposition;

c) Name of the country that manufactures or exports products subject to duty imposition;

d) Provisional duty rates;

dd) Effect of and time limit for duty imposition;

e) Procedures and dossiers for inspection and duty imposition.

3. Provisional anti-dumping or countervailing duties may be applied no fewer than 60 days after the date the Minister of Industry and Trade decides to launch an investigation.

4. If provisional anti-dumping duties or countervailing duties are applied at a rate lower than the dumping margin or subsidy level stated in the initial conclusion, or if the exporter of products under investigation into Viet Nam requests extension of the time limit for imposition of provisional

anti-dumping duties or countervailing duties and the volume or quantity of such products accounts for a significant proportion in the total volume or quantity of imported products under investigation, the Minister of Industry and Trade may extend such time limit for another 60 days at most.

Article 38. Application of the measure of commitment in anti-dumping and countervailing investigation cases

1. After the Minister of Industry and Trade issues a decision on application of provisional

anti-dumping or countervailing measures and at least 30 days before the expiration of the investigation stage, the producer or exporter of products under investigation or the government of the respondent in the case of countervailing investigation (hereinafter referred to as the requester) may send its written commitment to eliminating the dumping or subsidisation (hereinafter referred to as commitment) to the investigating authority.

2. A commitment must have the following principal contents:

a) Range of products;

b) Reference prices, including self-determined prices, price increases, and price adjustment plans;


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c) Periodical notification obligation;

d) Obligation to cooperate with the investigating authority in realising the commitment;

dd) Other contents deemed appropriate by the investigating authority.

3. Within 30 days after receiving a commitment, the investigating authority shall consider and report it to the Minister of Industry and Trade for decision.

4. A commitment shall be considered on the following bases:

a) Whether its application may remediate the material injury or threat of material injury to the concerned domestic industry or significant impediment to the formation of a domestic industry;

b) Whether the current management mechanism may effectively supervise the realisation of the commitment;

c) Possibility of circumvention of anti-dumping or countervailing measures through the

commitment;

d) Other factors deemed appropriate by the investigating authority.

5. The investigating authority may only consider the commitment of the requester that has fully cooperated in the investigation stage. When considering a commitment, the investigating authority may request adjustment of its contents. Once the requester accepts the request for adjustment, it shall send the adjusted commitment to the investigating authority.

6. The investigating authority shall publicly notify the commitment contents to interested parties.

Interested parties may send their written comments within the time limit stated in the notice If the commitment contains information requested to be kept confidential, the requester shall keep such information confidential under Article 11 of this Decree.

Article 39. Decision on commitment to eliminate dumping or subsidisation

1. Based on the investigating authority's report, the Minister of Industry and Trade shall consider issuing a decision to accept or not to accept the requester's commitment. If refusing to accept the commitment, the Minister of Industry and Trade shall state the reason.

2. The decision referred to in Clause 1 of this Article shall be publicly announced to interested parties by appropriate methods.

3. After obtaining the decision referred to in Clause 1 of this Article, the investigating authority shall

proceed with the investigation and issue a final determination:

a) If the final determination states that no act of dumping or subsidisation is committed or there is no material injury or threat of material injury to a domestic industry or significant

impediment to the formation of a domestic industry, the Minister of Industry and Trade shall decide to terminate the case and the realisation of the commitment;

b) If the final determination states that an act of dumping or subsidisation is committed or there is a material injury or threat of material injury to a domestic industry or significant impediment to the formation of a domestic industry, the commitment shall continue to be implemented according to its contents.

Article 40. Supervision of the implementation of commitments

1. When its commitment is accepted, the requester shall submit to the investigating authority's supervision of the implementation of the commitment.


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2. The investigating authority shall supervise the implementation of a commitment as follows:

a) To request the requester to periodically provide information and materials relating to the commitment implementation and prove the accuracy of such information and materials;

b) To periodically compare information provided by the requester on the volume or quantity and price of products imported under the commitment with information provided by the customs office;

c) To conduct on-site investigation of the requester when necessary;

d) To check information with importers of the requester;

dd) To conduct supervision in other forms as appropriate.

Article 41. Violations of the implementation of commitments

The implementation of a commitment shall be considered being violated in the following cases:

1. The requester exports products under investigation to Viet Nam at a price lower than the

committed one;

2. The requester fails to periodically provide information on commitment implementation as committed;

3. The requester refuses to cooperate with the investigating authority in the verification and on-site investigation of information periodically provided by such party;

4. Information and data on the commitment implementation provided by the requester is inaccurate;

5. The requester commits an act of circumventing the applied anti-dumping measure or

countervailing measure;

6. The requester cancels the commitment on its own without notifying such to the investigating authority under Clause 3, Article 42 of this Decree;

7. Other cases as identified by the investigating authority.

Article 42. Cancellation of commitment implementation

The implementation of a commitment shall be cancelled in the following cases:

1. The requester commits a violation prescribed in Article 41 of this Decree;

2. The investigating authority requests cancellation of the commitment;

3. The requester requests cancellation of the commitment. It may do so at any time within the validity term of the commitment but must notify such cancellation to the investigating authority at least 30 days before the intended date of cancellation.

Article 43. Application of anti-dumping measures and countervailing measures after cancellation of commitment implementation

1. In the case of cancellation of commitment implementation prescribed in Clause 1, Article 42 of this Decree, the Minister of Industry and Trade may decide to apply official anti-dumping or countervailing measures based on available information retrospectively to products of the requester that violates its commitment.


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2. In the case of cancellation of commitment implementation prescribed in Clauses 2 and 3, Article 42 of this Decree, the application of anti-dumping or countervailing measures is prescribed below:

a) If the cancellation takes place during the application of provisional anti-dumping or countervailing measures, the Minister of Industry and Trade may decide to cancel the commitment implementation and notify such to the customs office that is applying these

provisional measures based on the preliminary determination;

b) If the cancellation takes place during the application of official anti-dumping measures or countervailing measures, the Minister of Industry and Trade may decide to cancel the commitment implementation and notify such to the customs office that is applying these official measures based on the final determination.

Article 44. Application of official anti-dumping measures and countervailing measures

1. Within 15 days after the investigating authority sends its final determination to the Minister of Industry and Trade, the latter shall issue a decision on the case.

2. A decision on application of official anti-dumping or countervailing measures must have the following principal contents:

a) Description of imported products subject to anti-dumping or countervailing measures, including scientific names, trade names and common names; composition; basic physical and chemical characteristics; main use purpose; manufacturing process; international and

Vietnamese standards and regulations; and product headings according to Viet Nam's List of Exports and Imports and their applicable import duty rates specified in the export and import tariffs in each period;

b) Names, addresses and other necessary information of the producers or exporters of the products subject to official anti-dumping or countervailing measures;

c) Name of the country that manufactures or exports the products subject to official anti-dumping or countervailing measures;

d) Investigation determination on the necessity to apply official anti-dumping or countervailing measures;

dd) Specific official anti-dumping or countervailing measures;

e) Effect of and time limit for application of official anti-dumping or countervailing measures;

g) Difference in refundable duty amount, if any;

h) Procedures and dossiers for inspection and application of official anti-dumping or

countervailing measures.

Article 45. Application of retrospective anti-dumping and countervailing measures

1. The application of retrospective anti-dumping or countervailing measures must comply with Clause 4, Article 81, and Clause 4, Article 89, of the Law on Foreign Trade Management.

2. Retrospective application of anti-dumping or countervailing measures shall be considered upon receiving the Applicant's request which states that the volume or quantity of the imported products under investigation sees a sudden increase in the period from the time of issuance of an investigation

decision to the time of imposition of provisional anti-dumping or countervailing duties, causing hardly remediable injury to a domestic industry.

3. If official anti-dumping or countervailing duties are higher than the provisional ones, the retrospective duty rates will be the provisional duty rates.


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4. If official anti-dumping or countervailing duties are lower than the provisional ones, the retrospective duty rates will be the official duty rates.

Chapter III

INVESTIGATION AND APPLICATION OF SAFEGUARD MEASURES

Section 1

INVESTIGATION FOR APPLICATION OF SAFEGUARD MEASURES

Article 46. Bases for conducting investigation

1. The Minister of Industry and Trade shall decide to launch an investigation when receiving a dossier

of request for application of safeguard measures from a representative of a domestic industry provided that the total volume or quantity of like products or directly competitive products of the domestic producers that submit the dossier and domestic producers that support the request accounts for at least 25% of the aggregate volume or quantity of domestically produced like products

or directly competitive products.

2. The Minister of Industry and Trade shall decide to launch an investigation in the case the investigating authority makes a dossier proving the necessity to apply safeguard measures.

Article 47. Dossiers of request for application of safeguard measures

1. A dossier of request for application of safeguard measures (hereinafter referred to as dossier of request) must comprise a written request for application of safeguard measures and relevant papers and documents.

2. A written request for application of safeguard measures must have the following contents:


b) Information, date and evidence for determining the representation of the concerned domestic industry, including a list of domestic producers of like products or directly competitive products, and volume or quantity of the produced like products or directly competitive products;


d) Information describing imported products requested for investigation for application of safeguard measures, including scientific names, trade names and common names;

composition; basic physical and chemical characteristics; main use purpose; manufacturing process; international and Vietnamese standards and regulations; and product headings according to Viet Nam's List of Exports and Imports and their applicable import duty rates

specified in the export and import tariffs in each period;

dd) Information describing like products or directly competitive products of the concerned domestic industry, including scientific names, trade names and common names; basic physical and chemical characteristics; main use purpose; manufacturing process; and international and Vietnamese standards and regulations;

e) Information on the volume or quantity and value of imported products as prescribed in Point d of this Clause during the period of 3 years before the date of dossier submission;

g) Information on the volume or quantity and value of like products or directly competitive

products of the concerned domestic industry as prescribed in Point dd of this Clause during the period of 3 years before the date of dossier submission, or for the entire operation duration


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of the concerned domestic industry up to the time of dossier submission if that industry has only operated for under 3 years;

h) Information, data and evidence on the serious injury or threat of serious injury to the concerned domestic industry;

i) Information, data and evidence on the causal relationship between the import of the products specified at Point d of this Clause and serious injury or threat of serious injury to the

concerned domestic industry;

k) Specific requirements on the application of safeguard measures, time limit and extent of application.

Article 48. Dossiers of request for application of safeguard measures in the absence of

Applicants

1. In the absence of an Applicant, if there are clear signs that the excessively imported products

cause or threaten to cause serious injury to a domestic industry, the investigating authority shall make a dossier of request for application of safeguard measures and send it to the Minister of Industry and Trade for consideration and decision on investigation.

2. The dossier made by the investigating authority must have the contents prescribed in Article 47 of this Decree (except those prescribed in Points a, b and c, Clause 2).

3. Related organisations and individuals shall cooperate with and provide necessary information at the request of the Ministry of Industry and Trade.

Article 49. Appraisal of dossiers

1. Within 15 days after receiving a dossier of request, the investigating authority shall consider the completeness and validity of the dossier.

2. If seeing that the dossier is incomplete and invalid, the investigating authority shall notify such to the dossier submitter and allow at least 30 days for the latter to supplement the dossier.

3. Within 45 days after the investigating authority issues a notice of receipt of a complete and valid dossier, it shall appraise the dossier and send it to the Minister of Industry and Trade for

consideration and decision on investigation. When necessary, the issuance of an investigation decision may be extended for no more than 30 days.

4. The appraisal of a dossier of request must cover:

a) Determination of the dossier submitter's eligibility to act as a lawful representative of the

concerned domestic industry based on Clause 1, Article 46 of this Decree;

b) Determination of evidence that the excessively imported products cause or threaten to

cause serious injury to the concerned domestic industry.

Article 50. Decisions on investigation for application of safeguard measures

A decision issued by the Minister of Industry and Trade on investigation for application of safeguard measures must have the following principal contents:

1. Detailed description of imported products under investigation, and products headings according to Viet Nam's List of Exports and Imports and their applicable import duty rates specified in the export and import tariffs in each period;

2. Names of enterprises and representative of domestic producers of like products or directly competitive products that request application of safeguard measures;


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3. Brief information about the increase in the import of products under investigation;

4. Serious injury or threat of serious injury to the concerned domestic industry caused by the increased import.

Article 51. Determination of serious injury or threat of serious injury to a domestic industry

1. When determining the serious injury or threat of serious injury to a domestic industry, the

investigating authority shall consider:

a) The increase in the volume or quantity of imported products in absolute terms or in relation to the volume or quantity of domestically produced like products or directly competitive products;

b) The increase in the volume or quantity of imported products prescribed in Point a of this Clause under the impact of unanticipated changes;

c) The impacts of the prices of imported products under investigation on the prices of domestically produced like products or directly competitive products;

d) The impacts of the increased import of products under investigation on the domestic industry in terms of market share, revenue, output, design capacity, use capacity, profit, employment, inventories and other factors deemed appropriate by the investigating authority.

2. The determination of serious injury or threat of serious injury to a domestic industry shall be based on specific evidence.

3. The period of investigation for determination of serious injury or threat of serious injury to a domestic industry is 3 years. In the case a domestic industry has only operated for under 3 years, the to-be-collected data will be those of the entire operation duration of that industry up to the time the Ministry of Industry and Trade decides to launch an investigation.

Section 2

APPLICATION OF SAFEGUARD MEASURES

Article 52. Application of provisional safeguard measures

1. Based on the initial conclusion, the Minister of Industry and Trade may decide to apply provisional safeguard measures when:

a) Imported products under investigation record an excessive increase;

b) A domestic industry suffers serious injury or threat of serious injury;

c) The excessive increase in the import prescribed in Point a of this Clause is the cause of serious injury or threat of serious injury to a domestic industry;

d) The late application of safeguard measures will cause serious injury or threatens to cause serious injury to a domestic industry and such injury will be hardly remediable.

2. Provisional safeguard measures may be applied only in the form of additional import duty.

3. A decision on application of provisional safeguard measures shall be publicly announced with the following contents:

a) Detailed description of imported products subject to provisional safeguard measures, and product headings according to Viet Nam's List of Exports and Imports and their applicable

import duty rates specified in the export tariff or import tariff in each period;


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b) A list of countries exempted from application of provisional safeguard measures;

c) Provisional safeguard duty rates;

d) Time limit for application of provisional safeguard measures;

dd) Information and evidence showing that the increased import of products under investigation causes or threatens to cause serious injury to a domestic industry;

e) Information and evidence showing that the late application of provisional safeguard measures will cause or threatens to cause serious injury to a domestic industry and such injury will be hardly remediable;

g) Procedures and dossiers for inspection and application of provisional safeguard measures.

4. When necessary, the Minister of Industry and Trade may decide to terminate the application of provisional safeguard measures ahead of schedule.

Article 53. Application of official safeguard measures

1. Within 15 days after the investigating authority sends its final determination, the Minister of Industry and Trade shall issue an official decision on the case.

2. A decision of application of official safeguard measures must have the following principal contents:

a) Description of imported products subject to official safeguard measures, including names, basic characteristics and main use purpose, and product headings according to Viet Nam's List

of Exports and Imports and their applicable import duty rates specified in the export and import tariffs in each period;

b) Official safeguard measures;

c) Effect and time limit for application of safeguard measures;

d) Refund of the difference (if any) in safeguard duty;

dd) Procedures and dossiers for inspection and application of provisional safeguard measures;

e) Investigation conclusion on the necessity to apply official safeguard measures.

Article 54. Provisions on application of import quota and tariff quota measures

In the case where the Minister of Industry and Trade decides to apply official safeguard measures through import quota or tariff quota:

1. The volume or quantity of import quota or tariff quota must not be lower than the average volume

or quantity of imported products in the last 3 years with available import data, unless the investigating authority can maintain with explicit evidence that a lower volume or quantity quota is necessary for preventing or remediating serious injury or threat of serious injury.

2. The Ministry of Industry and Trade shall allocate quotas among the countries exporting products to Viet Nam based on their market shares calculated on the total volume or quantity of products in the last 3 years with available import data, taking into account special factors that affect trade in products activities.

3. The Ministry of Industry and Trade shall consult the countries that have a major volume or quantity of products imported into Viet Nam and are allocated quotas.

4. In the case the import quota measure is to be applied for over 1 year, the Ministry of Industry and Trade shall loosen the import quota or tariff quota measure applied for subsequent years.

5. Customs offices shall coordinate with the Ministry of Industry and Trade in controlling and managing the application of import quota and tariff quota measures.


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Chapter IV

REVIEW OF THE APPLICATION OF TRADE REMEDIES

Section 1

GENERAL PROVISIONS

Article 55. Dossiers of request for review of the application of trade remedies

A dossier of request for review of the application of a trade remedy (hereinafter referred to as dossier

for review) must comprise:

1. A written request for review of the application of a trade remedy, made according to the form

issued by the investigating authority;

2. Other documents and information deemed necessary by the Applicant.

Article 56. Appraisal of dossiers for review

1. Within 15 days after receiving a dossier for review, the investigating authority shall notify the

dossier submitter of the completeness and validity of the dossier. If the dossier is incomplete or invalid, the investigating authority shall request the dossier submitter to supplement the dossier.

2. Within 30 days after receiving a complete and valid dossier for review, the investigating authority shall appraise the dossier and propose to the Minister of Industry and Trade to consider and decide on the review of the application of a trade remedy.

Article 57. Questionnaires for review

1. Within 15 days after the issuance of a decision on review, the investigating authority shall send a

questionnaire for review to:

a) The review-requesting party;

b) The party of which the review is requested;

c) Other interested parties deemed necessary by the investigating authority.

2. Within 30 days after receiving the questionnaires for review, the interested parties shall return the fully filled out questionnaires to the investigating authority. This time limit may be extended once by the investigating authority for another 30 days at most based on the written request for

extension of the interested party.

3. The questionnaires shall be considered having reached the recipients after 7 working days from the date they are sent by the investigating authority. The sending date shall be determined according to the postmark.


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Section 2

REVIEW OF ANTI-DUMPING OR COUNTERVAILING MEASURES

Sub-section 1

REVIEW OF ANTI-DUMPING OR COUNTERVAILING MEASURES AT THE REQUEST OF INTERESTED PARTIES

Article 58. Submission of dossiers of request for review at the request of interested parties

1. Within 60 days before the end of 01 year from the date of issuance of the decision on the application of official anti-dumping or countervailing measures or of the latest decision on the results of the review of anti-dumping or countervailing measures, the interested parties prescribed in Article 59 of this

Decree may submit a dossier of request for review, except cases in which the time limit for dossier submission is less than 09 months before the deadline for the Minister of Industry and Trade to decide whether to carry out the sunset review of anti-dumping or countervailing measures.

2. The contents of a dossier for review must comply with the form issued by the investigating authority.

Article 59. Review-requesting party

The following organisations and individuals may submit dossiers of request for review of the application of anti-dumping or countervailing measures under Article 58 of this Decree:

1. Domestic producers prescribed in Clause 2, Article 79, and Clause 2, Article 87, of the Law on Foreign Trade Management.

2. Foreign producers or exporters that may submit dossiers of request for review of the application of anti-dumping or countervailing measures to such foreign producers and exporters;

3. Importers of products subject to anti-dumping or countervailing measures;

4. Governments of foreign producers or exporters which may submit dossiers for review of the application of anti-dumping or countervailing measures to such foreign producers or exporters;

Article 60. Contents of the review at the request of interested parties

The investigating authority shall review one or more of the following contents, based on the contents

requested by the interested party:

1. Dumping margin, level of subsidy of one, some or all of the foreign producers and/or exporters;

2. Commitments to eliminate dumping or subsidy made by one, some or all of the foreign producers and/or exporters;

3. Injury to a domestic industry and the causal relationship between the dumping or subsidy of relevant foreign producers and/or exporters and such injury;

4. Scope of application of anti-dumping or countervailing measures.

Article 61. Decision on the review result at the request of interested parties

1. Within 15 days from the date the investigating authority submits the review conclusion, the Minister of Industry and Trade shall issue a decision on the result of the review of the application of the trade remedy.

2. Based on the review conclusion of the investigating authority, the Minister of Industry and Trade shall issue one of the following decisions on:


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a) Adjustment or non-adjustment of the application of anti-dumping or countervailing measures based on the review result under Article 60 of this Decree;

b) Termination of the application of anti-dumping or countervailing measures in the case the review conclusion determines that the anti-dumping or countervailing measures are no longer necessary to remediate the injury to a domestic industry or the domestic industry will no longer suffer injury if anti-dumping or countervailing measures are terminated.

3. The adjustment of the application of anti-dumping or countervailing measures specified at Point a, Clause 2 of this Article will not affect the time limit for the application of anti-dumping or countervailing measures currently in force.

Sub-section 2

SUNSET REVIEW OF THE APPLICATION OF ANTI-DUMPING OR COUNTERVAILING MEASURES

Article 62. Submission of dossiers of request for sunset review

1. At least 12 months before the date the decision on application of anti-dumping or countervailing measures ceases to be effective, the investigating authority shall announce its receipt of the dossier of request for sunset review of the application of anti-dumping or countervailing measures.

2. Within 30 days after the investigating authority makes the above announcement, the domestic producer representing a domestic industry as prescribed in Clause 2, Article 79, or Clause 2, Article 87, of the Law on Foreign Trade Management may submit a dossier of request for sunset review of the application of anti-dumping or countervailing measures.

Article 63. Contents of the sunset review of the application of anti-dumping or


1. The investigating authority shall carry out sunset review to assess the possibility of continuation

or recurrence of dumping or subsidising acts causing injury to a domestic industry in the case of termination of anti-dumping or countervailing measures.

2. The sunset review of the application of anti-dumping or countervailing measures must include the following contents:

a) The possibility of imported products being dumped or subsidised if anti-dumping or countervailing measures are terminated;

b) The possibility that a domestic industry suffers material injury or threat of material injury

if anti-dumping or countervailing measures are terminated;

c) The causal relationship between the possibility of dumping or subsidisation and the injury that a domestic industry may suffer.

Article 64. Decision on the result of the sunset review of the application of anti-dumping or countervailing measures

Based on the review conclusion of the investigating authority, the Minister of Industry and Trade shall issue one of the following decisions on:

1. Extension of the application of anti-dumping or countervailing measures if the final determination determines that the elimination of anti-dumping or countervailing measures may result in the continuation or recurrence of products dumping or subsidising acts which cause injury to a domestic industry.

2. Termination of the application of anti-dumping or countervailing measures in the case the requesting domestic producers withdraw their requests for review or the final determination of the

investigating authority determines that there is no possibility of continuation or recurrence of products dumping or subsidising acts that cause injury to a domestic industry.


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Sub-section 3

REVIEW OF NEW EXPORTERS

Article 65. Identification of new exporters

1. New exporter means a producer or an exporter of the exporting country which is subject to anti-dumping or countervailing measures and did not export products under investigation into Viet Nam during the initial period of investigation.

2. A new exporter may submit a dossier of request for review of the application of anti-dumping or countervailing measures when fully meeting the following conditions:

a) He/she/it has no relationship with the producers and/or exporters subject to anti-dumping

or countervailing measures under Article 5 of this Decree;

b) He/she/it has actually exported the products to Viet Nam after the period of investigation determined by the investigating authority in the initial investigation case;

c) The volume or quantity of exports to Viet Nam by the time of dossier submission is large enough for the investigating authority to determine the reasonable export price.

3. New exporters may submit a dossier of request for review after the decision on application of anti-dumping or countervailing measures takes effect.

Article 66. Contents of the review of new exporters

The review of a new exporter must include the following contents:

1. Separate dumping margin or level of subsidy of the new exporter;

2. Conditions for application of anti-dumping or countervailing measures to the new exporter.

Article 67. Decision on the result of the review of new exporters

Based on the investigating authority's conclusion of the review of new exporters, the Minister of Industry and Trade shall issue one of the following decisions on:

1. Application of separate anti-dumping or countervailing measures to new exporters;

2. Continuation of the application of the anti-dumping or countervailing measures currently in force in the case the new exporter withdraws the dossier of request for review or does not cooperate in the review process.

Section 3

REVIEW OF SAFEGUARD MEASURES

Article 68. Interim review of the application of safeguard measures

1. If the duration of application of safeguard measures, including the duration of application of provisional safeguard measures, lasts more than 3 years, the Minister of Industry and Trade shall carry out an interim review of the application of safeguard measures.

2. Based on the investigating authority's interim review conclusion, the Minister of Industry and

Trade shall issue one of the following decisions on:

a) Continuation of the application of safeguard measures;

b) Reduction of the application of safeguard measures;

c) Termination of the application of safeguard measures.


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Article 69. Sunset review of the application of safeguard measures

1. At least 9 months before the date the decision on the application of safeguard measures ceases to be effective, the investigating authority shall announce its receipt of dossiers of request for sunset review of application of safeguard measures. Within 30 days from the date the investigating authority makes the above announcement, organisations and individuals may submit a dossier of request for sunset review of the application of safeguard measures.

2. The sunset review of the application of safeguard measures must include the following contents:

a) Determination of the level of increase of imports into Viet Nam since the safeguard measure was applied;

b) Assessment of production and business activities of a domestic industry since the safeguard

measure was applied;

c) Adjustments of the domestic industry since the safeguard measure was applied;

d) The possibility of serious injury or threat of serious injury to a domestic industry if the safeguard measure is terminated.

3. The decision on the result of the sunset review of the application of safeguard measures must include the following contents:

a) Extension or non-extension of the application of safeguard measures;

b) Adjustment of the level of application of safeguard measures;

c) Adjustment of the scope of application of safeguard measures.

Section 4

REVIEW OF THE RANGE OF PRODUCTS

Article 70. Submission of dossiers by interested parties

1. The following organisations and individuals may submit a dossier of request for review:

a) Domestic producers;

b) Foreign producers and exporters;

c) Importers;

d) Organisations and individuals using the imports.

2. The Minister of Industry and Trade shall consider and decide on the review of the range of products subject to trade remedies based on the dossiers of request for review.

Article 71. Contents of review of the range of products subject to trade remedies

The review of the range of products subject to trade remedies must include the following contents:

1. Comparison of imports and like products or directly competitive products produced domestically;

2. Substitutability of imported products;

3. A domestic industry's capacity to manufacture like products or directly competitive products.


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Article 72. Decisions on the result of the review of the range of products subject to trade remedies

Based on the investigation body's review conclusion, the Minister of Industry and Trade shall issue one of the following decisions on:

1. Non-adjustment of the range of products subject to trade remedies.

2. Narrowing of the range of products subject to trade remedies.

3. Exclusion from trade remedies for specific importers.

Chapter V

ANTI-CIRCUMVENTION OF TRADE REMEDIES

Section 1

ACTS AIMING TO CIRCUMVENT TRADE REMEDIES

Article 73. Expansion of the scope of application of trade remedies

The scope of application of trade remedies may be expanded for products circumventing trade remedies as follows:

1. Raw materials, materials, components or supplies originating from the country subject to trade remedies and imported into Viet Nam for the manufacture of products subject to trade remedies.

2. Products like to those being subject to trade remedies which originate from a third country and use raw materials, materials, components or supplies originating from the country subject to trade remedies.

3. Imports originating from the country subject to trade remedies which are negligibly different from those currently subject to trade remedies.

4. Products subject to trade remedies transferred through a third country.

5. Products subject to trade remedies which change their business form and distribution channels to benefit from levels of trade remedies lower than those being applied.

Article 74. Acts aiming to circumvent trade remedies through manufacturing or assembly in Viet Nam

The products described in Clause 1, Article 73 of this Decree shall be considered as circumventing trade remedies through manufacturing or assembly in Viet Nam if the following conditions are fully met:

1. Products like to those subject to trade remedies are produced or assembled in Viet Nam from raw materials, materials, components or supplies imported from the country subject to trade remedies and are sold at price lower than the normal value of the products subject to trade remedies;

2. Raw materials, materials, components or supplies originating from the country subject to trade remedies are imported into Viet Nam mainly for the purpose of manufacturing products subject to trade remedies;

3. Manufacturing and assembly activities have significantly increased in Viet Nam before or since the date of issuance of the investigation decision by the Minister of Industry and Trade.


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4. Raw materials, materials, components or supplies originating from the country subject to trade remedies account for at least 60% of the total value of raw materials, materials, components or supplies used for the manufacturing or assembly of products subject to trade remedies in Viet Nam.

Article 75. Added value

In the case the added value of products produced or assembled under Article 74 of this Decree exceeds 25% of the total production cost of products subject to trade remedies, the import of raw

materials, materials, components or supplies will not be considered as circumventing trade remedies. In the case of necessity, the investigating authority may consider another ratio of added value in the total production cost suitable to the characteristics of such industry.

Article 76. Acts aiming to circumvent trade remedies through manufacturing or assembly in a third country

The products described in Clause 2, Article 73 of this Decree shall be considered as circumventing

trade remedies if the following conditions are fully met:

1. The price of the products exported from a third country to Viet Nam is lower than the normal value of the products initially investigated for application of trade remedies;

2. The volume or quantity of products imported into Viet Nam accounts for a large proportion to total sales of the producer or exporter;

3. The volume or quantity of products imported into Viet Nam has begun and significantly increased before or since the date of issuance of the investigation decision by the Minister of Industry and

Trade;

4. Raw materials, materials, components or supplies originating from the country subject to trade remedies account for at least 60% of the total value of raw materials, materials, components or supplies of the products subject to trade remedies exported to Viet Nam.

Article 77. Acts aiming to circumvent trade remedies through negligible changes in products subject to trade remedies

The products described in Clause 3, Article 73 of this Decree shall be considered as circumventing

trade remedies if the following conditions are fully met:

1. Their import volume or quantity has significantly increased compared to the volume or quantity of products subject to trade remedies imported into Viet Nam by the producer or exporter.

2. Their import volume or quantity has significantly increased before or since the date of issuance of the investigation decision by the Minister of Industry and Trade.

Article 78. Determination of negligible differences

The negligible difference referred to in Clause 3, Article 73 of this Decree is determined when there is virtually no difference between imported products and products subject to trade remedies in terms of characteristics, use purpose, distribution channel and cost.


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Section 2

INVESTIGATION AND APPLICATION OF MEASURES FOR ANTI-CIRCUMVENTION OF TRADE REMEDIES

Article 79. Dossiers of request for application of measures for anti-circumvention of trade remedies

1. A dossier of request for application of measures for anti-circumvention of trade remedies must

comprise a written request for application of measures for anti-circumvention of trade remedies and relevant information and documents.

2. A written request for application of measures for anti-circumvention of trade remedies must have the following contents:

a) Name, address of and other necessary information about the Applicant;

b) Description of the imports requested to be subject to measures for anti-circumvention of

trade remedies, including their scientific names, trade names and/or common names; ingredients; basic physical and chemical characteristics; main purpose; manufacturing process; international and Vietnamese standards and/or regulations; products headings on Viet Nam's List of Exports and Imports and currently effective import duty rates according to the export and import tariffs in each period;

c) Description of the volume or quantity of the imports as prescribed in Article 73 of this Decree;

d) Description of the volume or quantity of like products produced domestically;

dd) Information on the export prices of the products described at Point b of this Clause at the time of import into Viet Nam for at least 12 months before the Applicant submits the dossier or before the investigating authority compiles a dossier under the decision of the Minister of Industry and Trade;

e) Information, data and evidence of acts aiming to circumvent trade remedies claimed by the Applicant;

g) Name, address and other necessary information of all Respondents;

h) Specific requirements on the application of measures for anti-circumvention of trade remedies, and time limit and extent of application.

Article 80. Compilation of dossiers of request for application of measures for

anti-circumvention of trade remedies in the absence of Applicants

In the absence of an Applicant, if there are signs of circumventing trade remedies, the investigating

authority shall compile a dossier of request for application of measures for anti-circumvention of trade remedies and submit it to the Minister of Industry and Trade for considering and deciding on investigation.

Article 81. Order and procedures for and contents of investigation

1. Within 15 days after receiving a dossier of request, the investigating authority shall check its completeness and validity.

2. If the dossier is incomplete or invalid, the investigating authority shall notify such to the dossier

submitter and allow at least 30 days for the latter to supplement the dossier.


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3. Within 45 days after receiving a complete and valid dossier, the Minister of Industry and Trade shall consider and decide on the investigation based on the result of the investigating authority's appraisal of the dossier.

4. The investigation for anti-circumvention of trade remedies must include the following contents:

a) Identification of acts aiming to circumvent trade remedies;

b) Change in trade flow from the originating or exporting country after the effective date of

the decision on application of trade remedies, which is the cause of such circumvention;

c) Injury to a domestic industry or the reduced effectiveness of the trade remedies currently in force.

Article 82. Investigation time limit

1. The time limit for investigation for application of measures for anti-circumvention of trade remedies is 06 months from the date of issuance of the investigation decision.

2. In special cases, the Minister of Industry and Trade may extend the investigation for another 06 months at most.

Article 83. Application of measures for anti-circumvention of trade remedies

1. Within 15 days after the investigating authority submits the final determination, the Minister of Industry and Trade shall issue a decision whether to apply or not apply measures for anti-circumvention of trade remedies.

2. If the Minister of Industry and Trade decides to apply measures for anti-circumvention of trade

remedies, the trade remedies currently in force will be extended to each producer or exporter of the products described in Article 73 of this Decree that has been confirmed to have taken acts to circumvent trade remedies.

3. The time limit for the application of measures for anti-circumvention of trade remedies ends when the time limit for the application of the initial trade remedy expires.

Chapter VI

HANDLING OF TRADE REMEDIES APPLIED TO VIETNAMESE EXPORTS

Article 84. Handling principles

1. Assistance activities for Vietnamese traders that are investigated by importing countries for

application of or applied with trade remedies prescribed in Article 76 of the Law on Foreign Trade Management shall be carried out on the basis of the written requests of these traders and trade associations.

2. The initiation of a lawsuit against the importing country prescribed in Article 90 of this Decree

shall be carried out by the Ministry of Industry and Trade on the basis of collected information and after the coordination and consultation with other ministries, ministerial-level agencies and competent agencies and according to the plan reported to and approved by the Prime Minister.

3. The Ministry of Finance shall ensure the particular budget for trader assistance activities prescribed in Article 76 of the Law on Foreign Trade Management.

4. Assistance activities must ensure the lawful rights and interests of Vietnamese traders and conform with the provisions of Vietnamese law and treaties to which the Socialist Republic of

Viet Nam is a contracting party.


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Article 85. Provision of information relating to cases

The information to be provided to traders prescribed in Point a, Clause 1, Article 76 of the Law on Foreign Trade Management is the information disclosed by relevant authorities of the importing country or permitted to be disclosed in accordance with treaties to which the Socialist Republic of Viet Nam is a contracting party.

Article 86. Early warning system for foreign trade remedy lawsuits

1. The Ministry of Industry and Trade shall develop and operate a system of early warning on the possibility of foreign trade remedy lawsuits to inform enterprises and trade associations to prevent and prepare for the lawsuits.

2. The Ministry of Industry and Trade shall prescribe the organisation and operation of the early

warning system.

Article 87. Exchange with importing countries that are investigating for application of

trade remedies or applying trade remedies to Vietnamese exports

Exchange with the importing country that is investigating for application of trade remedies or applying trade remedies prescribed in Point b, Clause 1, Article 76 of the Law on Foreign Trade Management shall be carried out in appropriate forms under the charge of the Ministry of Industry and Trade and in accordance with Vietnamese law and treaties to which the Socialist Republic of Viet Nam is a contracting party.

Article 88. Assistance for Vietnamese traders that are investigated by importing countries

for application of countervailing measures

If Vietnamese traders are investigated by an importing country for application of countervailing measures as prescribed in Clause 2, Article 76 of the Law on Foreign Trade Management, the Ministry of Industry and Trade shall assume the prime responsibility for planning to cooperate with relevant authorities of the importing country as follows:

1. Holding consultation with the foreign investigating authority on accused subsidy programs of Viet Nam.

2. Providing the Government with information and documents related to the accused subsidy programs of Viet Nam at the request of the foreign investigating authority in accordance with current regulations.

3. Working with the foreign investigating authority in the course of on-site investigation of the accused subsidy programs of Viet Nam.

4. Other appropriate activities.

Article 89. Preparation of plans for compensation claim and retaliation in the case Vietnamese traders are investigated by importing countries for application of trade remedies

1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and organisations and individuals in, preparing plans for compensation claim under treaties to which the Socialist Republic of Viet Nam is a contracting party, and submit them to the Prime Minister for approval.

2. The Ministry of Industry and Trade shall assume the prime responsibility for holding consultation with related authorities of the importing country on the approved plan for compensation claim referred to in Clause 1 of this Article and issue a decision on specific implementation of the plan.

3. If the Governments of Viet Nam and the importing country cannot reach an agreement on compensation, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies, organisations and individuals in,


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preparing a retaliation plan in accordance with treaties to which the Socialist Republic of Viet Nam is a contracting party and report it to the Prime Minister for approval and issue a decision on implementation of the approved retaliation plan.

4. The procedures for carrying out the compensation claim and retaliation must comply with Vietnamese law and relevant treaties to which the Socialist Republic of Viet Nam is a contracting party.

Article 90. Initiation of lawsuits against importing countries when detecting their violations of treaties to which the Socialist Republic of Viet Nam is a contracting party

1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and competent state management agencies in, considering initiating lawsuits in accordance with Point c, Clause 1, Article 76 of the Law on Foreign

Trade Management on the basis of collected information or at the written request of the related

traders or trade associations, report lawsuit plans to the Prime Minister and implement these plans after they are approved by the Prime Minister.

2. In the case the related trader or trade association submits a written request for initiation of a lawsuit, the written request must have the following contents:

a) Description of trade remedies applied by the foreign country;

b) Injury caused by the investigation for application or by the application of trade remedies specified in Point a of this Clause;

c) Description of violations of treaties to which the Socialist Republic of Viet Nam is a contracting party;

d) Proposals of the trader or trade association;

dd) Other relevant information and documents deemed necessary by the trader or trade association.

3. The procedures for initiating a lawsuit against the importing country that is conducting investigation for application of or applying trade remedies must comply with treaties to which the

Socialist Republic of Viet Nam is a contracting party.

4. Information and documents in the process of review and evaluation before initiating a lawsuit and in the process of lawsuit or information requested by interested parties to be kept confidential shall be regarded as confidential information in accordance with current laws.

5. Traders and trade associations which have sent a written request as specified in Clause 2 of this

Article shall fully coordinate with the Ministry of Industry and Trade in the process of suing the

importing country that is conducting investigation for application of, or applying trade remedies.

Article 91. Participation in the capacity as interested party in trade remedy cases and as third party in the cases of settlement of disputes over trade remedies at the World Trade Organisation

1. The Ministry of Industry and Trade shall consider and register the participation in the capacity as interested party when a foreign country investigates for application of or applies trade remedies to Vietnamese exports.

2. The Ministry of Industry and Trade shall consider and register the participation in the capacity as third party in a dispute settlement case at the World Trade Organisation if the case is related to the rights and interests of Viet Nam in the field of trade remedy. The Ministry of Industry and Trade may consult, when necessary, related ministries and sectors on such registration.

3. The Ministry of Industry and Trade may consider providing information and documents during the participation in the capacity as third party as specified in Clause 2 of this Article on the basis of


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written requests of organisations or individuals, provided that such documents and information are permitted to be disclosed in accordance with treaties to which the Socialist Republic of Viet Nam is a contracting party.

Article 92. Use of legal consultancy services

1. The Ministry of Industry and Trade shall consider using legal consultancy services during the implementation of the provisions of Article 76 of the Law on Foreign Trade Management. Other

ministries and ministerial-level agencies shall coordinate with the Ministry of Industry and Trade in selecting legal consultancy services at the written request of the latter.

2. The Ministry of Industry and Trade shall prescribe criteria for selecting appropriate legal consultancy services.

3. The Ministry of Finance shall ensure the particular budget for use of legal consultancy services in trader assistance activities prescribed Article 76 of the Law on Foreign Trade Management.

Article 93. Coordination mechanism between management agencies, trade associations and traders

1. The coordination mechanism between management agencies, trade associations and traders shall be based on the following principles:

a) The Ministry of Industry and Trade shall assume the prime responsibility for and other ministries, ministerial-level agencies, provincial-level People's Committees, other state management agencies and related organisations and individuals shall timely coordinate with

the Ministry of Industry and Trade in trader assistance activities prescribed in Article 76 of the Law on Foreign Trade Management;

b) Ministries, ministerial-level agencies, provincial-level People's Committees, other competent state management and related organisations and individuals shall be responsible for the information, documents and evaluation opinions provided to the Ministry of Industry and Trade during the handling of trade remedies applied to Vietnamese exports.

2. The coordination shall be carried out as follows:

a) Ministries, ministerial-level agencies, provincial-level People's Committees and other competent state management agencies shall, within the ambit of their respective powers and functions, provide information, documents and evaluation opinions at the request of the Ministry of Industry and Trade, and explain relevant contents when the foreign investigating authority conducts on-site investigation according to the coordination by the Ministry of Industry and Trade;

b) Trade associations shall coordinate with the Ministry of Industry and Trade in monitoring information on export markets in order to assess the risks of foreign countries' investigation and application of trade remedies to Vietnamese exports, report information relating to foreign countries' investigation and application of trade remedies to their members, consider participation in the capacity as interested party in the cases, and carry out other activities at the request of the Ministry of Industry and Trade;

c) The Viet Nam Chamber of Commerce and Industry shall, within the ambit of its functions

and powers, coordinate with the Ministry of Industry and Trade in guiding and assisting traders that are investigated or applied trade remedies by foreign countries, and carry out other assistance activities at the request of the Ministry of Industry and Trade;

d) Overseas Vietnamese representative missions shall collect and monitor the information and notices of related authorities of the importing countries on their trade remedies and promptly report them to the Ministry of Industry and Trade, and assist in the inquiry about legal

consultancy services at the request of the Ministry of Industry and Trade;


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dd) The Ministry of Finance shall coordinate with the Ministry of Industry and Trade in carrying out trader assistance activities in accordance with the provisions of this Chapter, and request customs offices to promptly provide import and export data at the request of related agencies of the Ministry of Industry and Trade;

e) The Ministry of Foreign Affairs shall coordinate with the Ministry of Industry and Trade in carrying out trader assistance activities in accordance with the provisions of this Chapter and

direct the overseas Vietnamese representative missions to take the initiative in working with related authorities of the importing countries to study, monitor and synthesise information on the cases, and promptly report them to the Ministry of Industry and Trade and coordinate with the latter in preparing handling plans;

g) The Ministry of Justice shall coordinate with the Ministry of Industry and Trade in carrying out trader assistance activities in accordance with the provisions of this Chapter and

coordinate in studying and evaluating regulations on trade remedies of the World Trade Organisation and other countries;

h) Traders that have submitted written requests for assistance shall coordinate with the Ministry of Industry and Trade in handling the cases and be responsible for the information and documents provided to the Ministry of Industry and Trade.

Chapter VII


Article 94. Effect

1. This Decree takes effect on 15 January 2018.

2. The following Decrees of the Government cease to be effective on the date this Decree takes effect:

a) Decree No. 150/2003/ND-CP dated 8 December 2003 detailing the Ordinance on Safeguards in the Import of Foreign Products into Viet Nam;

b) Decree No. 89/2005/ND-CP dated 11 July 2005 detailing a number of articles of the

Ordinance on Countervailing Measures for Products Imported into Viet Nam;

c) Decree No. 90/2005/ND-CP dated 11 July 2005 detailing a number of articles of the Ordinance on Anti-dumping for Products Imported into Viet Nam;

d) Decree No. 04/2006/ND-CP dated 9 January 2006 on the establishment, functions, duties, powers and organisational structure of the Council for handling of anti-dumping,

countervailing and safeguard cases.

Article 95. Implementation responsibility

1. The Minister of Industry and Trade shall organise the implementation of this Decree.

2. The Ministry of Finance shall guide the procedures for collection and remittance into the state budget of the revenues from trade remedies applied to products imported into Viet Nam, and the procedures for refund of trade remedy duties.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree.

Article 96. Transitional provision

From the effective date of this Decree, trade remedy cases of which competent state agencies receive complaint or investigation dossiers before that date will continue to be considered and settled


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according to Decree No. 150/2003/ND-CP dated 8 December 2003 detailing the Ordinance on Safeguards in the Import of Foreign Products into Viet Nam, Decree No. 89/2005/ND-CP dated 11 July 2005 detailing a number of articles of the Ordinance on Countervailing Measures for Products Imported into Viet Nam, or Decree No. 90/2005/ND-CP dated 11 July 2005 detailing a number of articles of the Ordinance on Anti-dumping for Products Imported into Viet Nam./.

ON BEHALF OF THE GOVERNMENT

PRIME MINISTER

Nguyen Xuan Phuc


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THE NATIONAL ASSEMBLY

SOCIALIST REPUBLIC OF VIET NAM

Independence – Freedom – Happiness

No. 05/2017/QH14

LAW

ON FOREIGN TRADE MANAGEMENT

Pursuant to the Constitution of the Socialist Republic of Viet Nam;

The National Assembly promulgates the Law on Foreign Trade Management.

Chapter I

GENERAL PROVISIONS


This Law prescribes measures to manage foreign trade and develop foreign trade activities;

settlement of disputes about application of foreign trade management measures.

Article 2. Subjects of application

1. State management agencies.

2. Traders engaging in foreign trade activities.

3. Other related domestic and foreign organisations, individuals.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Foreign trade activities means international products purchase and sale activities which are carried out in the forms of export, import; temporary import for re-export; temporary export for re-import;

border-gate transfer; and transit, and other activities relating to international products purchase and sale activities in accordance with the law as well as treaties to which the Socialist Republic of Viet Nam is a contracting party.

2. Technical measures means measures applied to exports, imports in accordance with the laws on product and products quality, standards and technical regulations, food safety, measurement.

3. Quarantine measures include measures of quarantine of animals and animal products, quarantine of plants, border health quarantine in accordance with the law on plant protection and quarantine, animal health, prevention and control of infectious diseases.

4. Exclusive customs area means a given geographical area in the Vietnamese territory which is established under Vietnamese law and treaties to which the Socialist Republic of Viet Nam is a contracting party; has products trading and exchange relationship with the rest of the territory and

foreign countries which is export, import relationship.

5. Foreign trader without presence in Viet Nam means a foreign trader that conducts no investment or business activities in Viet Nam in the forms prescribed in laws on investment, commerce,


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enterprises; has no representative office or branch in Viet Nam in accordance with the laws on commerce, enterprises.

Article 4. Principles of state management of foreign trade

1. The State shall manage foreign trade in accordance with Vietnamese law and treaties to which the Socialist Republic of Viet Nam is a contracting party.

2. Assurance of transparency, publicity, fairness and simplifies administrative procedures; guarantee

of lawful rights and interests of the State and traders of all economic sectors; promotion of the development of domestic production and export in association with management of import.

3. Full compliance with the principles of most-favoured nation treatment and national treatment in foreign trade activities in accordance with Vietnamese law and treaties to which the Socialist Republic

of Viet Nam is a contracting party.

Article 5. Right to freedom of export and import business

1. The right to freedom of export and import business of Vietnamese traders other than foreign-invested economic organisations is prescribed as follows:

a) Traders may conduct export and import business and carry out other related activities regardless of their registered business sectors or trades, except for products on the List of products banned from export or import and products suspended from export or import;

b) When exporting or importing products under permits or prescribed conditions, traders must satisfy the requirements on permits, conditions;

c) Branches of Vietnamese traders may carry out foreign trade activities as authorised by these traders.

2. The right to freedom of export and import business of Vietnamese traders that are foreign-invested economic organisations or Viet Nam-based branches of foreign traders is prescribed as follows:

a) Traders may exercise the right to export or the right to import in accordance with this Law and treaties to which the Socialist Republic of Viet Nam is a contracting party.

The Ministry of Industry and Trade shall announce the List of products and the roadmap for exercise of the right to export or the right to import these products in accordance with treaties to which the Socialist Republic of Viet Nam is a contracting party;

b) Traders may exercise the right to export through purchasing products in Viet Nam for export

abroad by undersigning export declarations in order to carry out and take responsibility for export-related procedures. The right to export does not cover the right to organise a network

to purchase products in Viet Nam for export;

c) Traders may exercise the right to import products from abroad into Viet Nam for sale to traders that have the right to distribute such products in Viet Nam by undersigning import declarations in order to carry out and take responsibility for import-related procedures. The right to import does not cover the right to organise or participate in a network to distribute products in Viet Nam.

3. Foreign traders without presence in Viet Nam and other related organisations and individuals of

the countries and territories (hereinafter collectively referred to as countries) that are members of the World Trade Organisation and countries that have concluded bilateral agreements with Viet Nam have the right to export and the right to import as prescribed in the Vietnamese law and treaties to which the Socialist Republic of Viet Nam is a contracting party.


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4. Exports and imports shall be prescribed and publicised in detail corresponding to their classification on Viet Nam's Exports and Imports Classification Nomenclature in accordance with the customs law.

5. The Government shall detail Points b and c, Clause 2, and Clause 3 of this Article.

Article 6. State management responsibilities regarding foreign trade

1. The Government shall perform the unified state management of foreign trade.

2. The Ministry of Industry and Trade shall act as the focal point to assist the Government in performing the state management of foreign trade and has the following tasks and powers:

a) To submit to competent state agencies for approval and promulgation of strategies, plans

and policies on management and development of foreign trade activities, development of regional and world markets, and economic integration in each period; to decide on the implementation of a number of management measures in accordance with this Law;

b) To promulgate or submit to competent state agencies for promulgation of legal documents on foreign trade management;

c) To guide, disseminate, organise the implementation of, and examine and evaluate legal documents on and measures of foreign trade management in accordance with the law;

d) To provide information relating to foreign trade activities and foreign trade management in accordance with the law on access to information;

dd) To manage the operation of foreign trade-promotion organisations in Viet Nam;

e) To provide operational instructions for trade representations under overseas representative missions of the Socialist Republic of Viet Nam (hereinafter referred to as trade representations);

g) To assist the Government and the Prime Minister in negotiating, concluding, and coordinating the implementation of, treaties in the field of foreign trade; to conduct negotiations on opening export markets, deal with barriers to exports within its competence, and conduct general supervision of the implementation of treaties by partners;

h) To advise the Government on the settlement of disputes about application of foreign trade management measures;

i) To conduct inspection and examination, settle complaints and denunciations, and handle violations of the law on foreign trade management according to its competence;

k) To take technical measures within the ambit of its tasks and powers in accordance with the law.

3. Within the ambit of their tasks and powers, ministries and ministerial-level agencies have the following responsibilities:

a) To assume the prime responsibility for, and coordinate in, negotiating treaties and supervising the implementation of commitments by partners, and deal with barriers to exports within the ambit of their competence; to manage foreign trade and develop foreign trade

activities in accordance with the law; to report and share information on foreign trade activities and foreign trade management;

b) The Ministry of Finance shall assume the prime responsibility for, and coordinate with related agencies in, formulating and submitting to competent authorities for promulgation of,

and guide and examine the implementation of, legal documents on taxes, charges and fees for exports and imports; coordinate with related ministries, ministerial-level agencies, organisations and individuals in formulating laws and policies concerning foreign trade


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management in accordance with this Law and other relevant laws; and direct customs offices to conduct examination and supervision and compile statistics of exports and imports in accordance with the customs law;

c) The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies, organisations and individuals in, proposing, formulating, and organising the implementation of, animal and plant quarantine and food safety measures and foreign trade development measures within the ambit of their tasks and powers in accordance with law;

d) The Ministry of Health shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies, organisations and individuals in, proposing, formulating, and organising the implementation of, border health quarantine and food safety measures and foreign trade development measures within the ambit of their tasks and powers in accordance

with law;

dd) The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies, organisations and individuals in, proposing, formulating, and organising the implementation of, technical measures within the ambit of their tasks and powers in accordance with law.

4. Within the ambit of their tasks and powers, provincial-level administrations have the following responsibilities:

a) To perform the state management of foreign trade in their localities in accordance with this Law and as decentralised by the Government, the Prime Minister, ministries or ministerial-

level agencies;

b) To assume the prime responsibility for, and coordinate with related organisations and individuals in, proposing foreign trade development schemes and projects in their localities;

c) To direct their attached specialised agencies to conduct inspection and examination and handle violations committed in the state management of foreign trade in their localities;

d) To maintain, update, and provide information for information systems on export and import management and trade promotion;

dd) To make or direct their attached specialised agencies to make periodical and extraordinary reports serving the state management of foreign trade in their localities.

Article 7. Prohibited acts in foreign trade management

1. Abusing positions or powers to commit acts against the law on foreign trade management, obstruct lawful export and import business activities, or infringe upon the right to freedom of export or import business of traders prescribed in Article 5 of this Law.

2. Applying foreign trade management measures ultra vires or in contravention of the prescribed order and procedures.

3. Illegally disclosing confidential information of traders.

4. Exporting or importing products banned or suspended from export or import, except in cases specified in Clause 2, Article 10, and Clause 1, Article 14, of this Law; products subject to export or import permits or conditions without any permit or fully satisfying the prescribed conditions; products not through designated border gates; products without undergoing customs procedures or

products with fraudulent quantity, volume, category or origin declaration upon customs clearance; or products having no stamp as prescribed by the law.

5. Exporting or importing products in violation of Clauses 2 and 3, Article 5 of this Law.

6. Falsifying or forging papers relating to foreign trade management activities.

[…]


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Chapter IV

TRADE REMEDIES

Section 1

GENERAL PROVISIONS

Article 67. Trade remedies

1. Trade remedies include anti-dumping, countervailing and safeguard measures which the Minister

of Industry and Trade decides to apply to imports into Viet Nam on a case-by-case basis.

2. The Government shall prescribe in detail methods of determining injury to a domestic industry;

anti-circumvention of trade remedies; grounds for initiating, and the order, procedures, time limit, contents, and grounds for termination of, investigations of trade remedy cases (hereinafter referred to as investigations); application and review of trade remedies; identification of subsidies and countervailing measures; responsibilities of related agencies to coordinate with one another in the

investigation process; and handling of trade remedies applied against Vietnamese exports.

3. The Minister of Industry and Trade shall prescribe in detail interested parties in investigation cases, the provision, collection and confidentiality of information and documents; spoken and written languages used in the investigation process; management of the import of products under investigation for application of trade remedies; and cases of exemption from trade remedies.

Article 68. Principles of application of trade remedies

1. Trade remedies shall be applied within a scope or to an extent as necessary and reasonable and

within a given period with a view to protecting, preventing, or limiting injury to, a domestic industry.

2. Trade remedies shall only be applied after an investigation has been conducted in a transparent, fair and lawful manner, and based on the investigation determinations.

3. Decisions on investigation and application of trade remedies shall be publicly announced.

4. If the official duty rate of a trade remedy is higher than the provisional one, the duty difference shall not be collected.

5. If the official duty rate of a trade remedy is lower than the provisional one, the duty difference

shall be refunded.

6. In case the Minister of Industry and Trade decides not to apply an official trade remedy, the collected provisional duty or the amount deposited to secure payment of provisional duty shall be

refunded.

Article 69. Injury to a domestic industry

1. A domestic industry means a group of producers of like products within the Vietnamese territory

or their representatives that manufacture products making up a major percentage in the total output of domestically manufactured products of such industry. A domestic producer that directly imports products under investigation or has relations with exporters or importers of products under investigation might not be considered a domestic producer.

Like products are products that have all properties resembling those of the products under investigation. If such products are not available, like products are products that have many basic properties resembling those of the products under investigation.

2. Injury to a domestic industry shall be determined as follows:


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a) Material injury to a domestic industry is a situation in which a domestic industry experiences a material decline or retarded growth in its production and business;

b) Threat of material injury to a domestic industry is an immediate, clear and provable possibility of causing material injury to a domestic industry;

c) Impediment to the formation of a domestic industry is a situation that leads to difficulties to the formation of a domestic industry;

d) Serious injury to a domestic industry is a situation in which a domestic industry experiences an overall decline in its production and business activities;

dd) Threat of serious injury to a domestic industry is an immediate, clear and provable possibility of causing serious injury to a domestic industry.

Article 70. Order and procedures for investigation of trade remedy cases

1. Organisations or individuals representing a domestic industry may submit a dossier of request for

application of trade remedies if seeing that products are dumped or subsidised upon import or are excessively imported, thus causing injury to that domestic industry.

2. Within 45 days from the date of issuance of a notice of a valid dossier, based on the proposal of the trade remedy investigating authority (hereinafter referred to as the investigating authority), the Minister of Industry and Trade shall issue a decision to initiate or not to initiate an investigation. In special cases, this time limit may be extended once for no more than 30 days.

3. The time limit for investigation is prescribed as follows:

a) An investigation for application of anti-dumping or countervailing measures may last up to 12 months from the date of issuance of an investigation decision. In special cases, the Minister of Industry and Trade may extend this time limit, provided the total period of investigation must not exceed 18 months;

b) An investigation for application of safeguard measures will last up to 9 months from the date of issuance of an investigation decision. In special cases, the Minister of Industry and Trade may extend this time limit, provided the total period of investigation must not exceed

12 months.

4. Consultation in the investigation process is prescribed as follows:

a) Interested parties in an investigation case are entitled to present in writing information and opinions relating to such case to the investigating authority;

b) The investigating authority shall provide consultation opportunities for interested parties when receiving the latter's written request under Point a of this Clause;

c) Before announcing its final determination, the investigating authority may hold a public consultation for interested parties to present information and opinions relating to the investigation case.

5. The notification responsibility is prescribed as follows:

a) Within 15 days from the date the Minister of Industry and Trade issues a decision to initiate an anti-dumping or countervailing investigation, the investigating authority shall notify the investigation to the government of the country of the related producer/exporter and other

interested parties;

b) The investigating authority shall publicly announce its preliminary investigation determination, final investigation determination, approval of commitments and termination of investigation to interested parties in an investigation case;


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c) The investigating authority shall perform other notification obligations under treaties to which the Socialist Republic of Viet Nam is a contracting party.

Article 71. Termination of investigation of trade remedy cases

The Minister of Industry and Trade shall decide to terminate investigation in the following cases:

1. An organisation or individual that submits a dossier of request for application of trade remedies voluntarily withdraws such dossier;

2. The investigating authority's preliminary determination states that no injury is caused or there is no threat of injury to a domestic industry or there is no impediment to the formation of a domestic industry;

3. The investigating authority's final determination states one of the following contents:

a) The imported products under investigation are neither dumped nor subsidised or such products are not excessively imported;

b) No injury is caused to a domestic industry as prescribed in Clause 2, Article 69 of this Law;

c) There is no causal relationship between the import of products which are claimed to be dumped or subsidised or excessively imported and the extent of injury or threat of injury to a domestic industry or the impediment to the formation of a domestic industry;

4. The investigating authority has reached agreement with the competent authority of the country having the products claimed to be subsidised upon import into the Vietnamese territory on removal of the subsidy.

Article 72. Anti-circumvention of trade remedies

1. Circumvention of a trade remedy means an act aiming to circumvent part or the whole of the obligation to comply with a trade remedy currently in force with regard to the products subject to this remedy upon import into the Vietnamese territory.

2. A trade remedy currently in force may be expanded in the case the investigating authority identifies an act of circumvention of a trade remedy.

3. The investigating authority may initiate an investigation against an act of circumvention of a trade

remedy at the request of the representative of a domestic industry or based on information it has acquired.

4. Based on the investigating authority's conclusion, the Minister of Industry and Trade shall issue

a decision to apply measures for anti-circumvention of trade remedies for investigated products or their components imported from related countries.

Article 73. The investigating authority

1. The investigating authority shall be established by the Government as part of the organisational structure of the Ministry of Industry and Trade.

2. The investigating authority has the following tasks and powers:

a) To receive dossiers of request for investigation for application of trade remedies and notify whether or not they are valid or request their supplementation;

b) To propose to the Minister of Industry and Trade for the issuance of a decision to initiate

or not to initiate an investigation for application of trade remedies;


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c) To organise investigations for application of trade remedies and against acts of shirking trade remedies;

d) To propose to the Minister of Industry and Trade for the issuance of a decision to apply trade remedies; to apply measures for anti-circumvention of trade remedies; to change trade remedies based on investigation conclusions or review conclusions;

dd) To review trade remedies;

e) To propose to the Minister of Industry and Trade for termination of investigation or termination of the application of trade remedies;

g) To assume the prime responsibility for participating in the settlement of disputes at bilateral and multilateral mechanisms in the investigation for application of trade remedies against

imports into Viet Nam and Vietnamese exports;

h) To assume the prime responsibility for assisting and responding to cases in which

Vietnamese exports are investigated for application of trade remedies;

i) To assume the prime responsibility for working out plans on, and negotiating compensations in cases of investigation for application of safeguard measures against imports into the Vietnamese territory;

k) To inspect and examine the implementation of trade remedies by organisations and individuals involved in the investigation and application of trade remedies;

l) Other tasks and powers as prescribed by law.

3. The head of the investigating authority shall be appointed, relieved from office or dismissed by the Minister of Industry and Trade and shall direct this body to perform the tasks and exercise the powers defined in Clause 2 of this Article.

4. The Minister of Industry and Trade shall define the tasks, powers and organisational structure of the investigating authority.

Article 74. Interested parties in investigation cases

1. Interested parties in an investigation case include:

a) Overseas organisations and individuals that manufacture and export products under investigation into the Vietnamese territory;

b) Organisations and individuals that import products under investigation;

c) Foreign associations with a majority of their members being organisations and individuals that manufacture and export products under investigation;

d) The government and competent authorities of the country that exports products under

investigation;

dd) Organisations or individuals that submit a dossier of request for application of trade remedies;

e) Domestic organisations or individuals that manufacture like products;

g) Domestic associations with a majority of their members being organisations or members that manufacture like products;


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h) Other organisations and individuals that have lawful rights and interests related to the investigation case or can assist in the investigation process or representative organisations that protect consumer interests.

2. Organisations and individuals shall register with and obtain approval from the investigating authority in order to become interested parties in an investigation case.

3. Interested parties in an investigation case may have access to information and documents

provided by other interested parties to the investigating authority, except information and documents prescribed in Clause 2, Article 75 of this Law.

Article 75. Provision and collection of information and documents and confidentiality in the investigation of trade remedy cases

1. Interested parties in an investigation case shall provide necessary information and documents at the request of the investigating authority.

2. In the investigation process, the investigating authority and persons entitled to access information and documents relating to the investigation case shall keep such information and documents confidential at the request of information and document providers.

3. When necessary, the investigating authority may solicit an expert assessment or examine and verify the authenticity of information and documents provided by interested parties or collect additional information and documents necessary for the settlement of a trade remedy case. The investigating authority may conduct on-site investigations, including overseas investigations.

4. In case the to-be-investigated party does not allow the investigating authority to access or refuses to provide information and documents that are important to the investigation, the investigating authority may use information and documents provided by interested parties or collected by itself

or available information and documents to make investigation conclusions.

Article 76. Handling of cases in which Vietnamese exports are investigated for application of or applied with trade remedies

1. In the case a Vietnamese trader is investigated for application or applied with a trade remedy by

the importing country, the Ministry of Industry and Trade shall, at the proposal of the related line association and trader, assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and competent state management agencies in, carrying out within the ambit of their respective tasks and powers the following activities to assist the trader:

a) Providing information relating to the case;

b) Exchanging information with the importing country that is conducting an investigation or

applying a trade remedy against Vietnamese exports;

c) Initiating a lawsuit against the importing country when detecting a violation of the relevant treaty to which the Socialist Republic of Viet Nam is a contracting party;

dd) Carrying out other support activities in accordance with law.

2. In the case a Vietnamese trader is investigated for application of countervailing measures by the importing country, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies and provincial-level People's

Committees in, working out a plan for coordination with the foreign investigating authority in accordance with the relevant treaty to which the Socialist Republic of Viet Nam is a contracting party.

3. In the case a Vietnamese trader is investigated for application of safeguard measures by the importing country, the Ministry of Industry and Trade shall assume the prime responsibility for, and

coordinate with related ministries, ministerial-level agencies, organisations and individuals in, working out a plan on claim for compensation or retaliation in accordance with the relevant treaty to which the Socialist Republic of Viet Nam is a contracting party.


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Section 2

ANTI-DUMPING AGAINST IMPORTS INTO VIET NAM

Article 77. Anti-dumping measures

1. Anti-dumping measures against products imported into Viet Nam (hereinafter referred to as anti-dumping measures) are measures which are applied in the case the imported products are identified as being dumped into Viet Nam, causing material injury or threatening to cause material injury to a

domestic industry or impeding the formation of a domestic industry.

2. Products shall be identified as being dumped when they are imported into Viet Nam at prices lower than the comparable normal values of like products sold in the exporting country or in a third country in the ordinary course of trade or at values determined by the investigating authority by the

self-calculation method.

3. Anti-dumping measures include:

a) Imposition of anti-dumping duties;

b) Commitment on measures to eliminate dumping by the organisation or individual manufacturing and exporting the products requested to be applied with anti-dumping measures with the Vietnamese investigating authority or with domestic producers when so approved by the investigating authority.

Article 78. Conditions for application of anti-dumping measures

1. Anti-dumping measures shall be applied to imports when the following conditions are fully met:

a) Imports into Viet Nam are dumped with a specified dumping margin, except the case referred to in Clause 2 of this Article;

b) A domestic industry suffers material injury or is threatened to suffer material injury or its formation is impeded;

c) There exists a causal relationship between the import of dumped products prescribed in Point a of this Clause and the injury caused to a domestic industry referred to in Point b of this Clause.

2. No anti-dumping measures shall be applied to imports with a dumping margin not exceeding 2% of their export prices to Viet Nam.

3. If the volume or quantity of imports originating from a country does not exceed 3% of the total

volume or quantity of similar imports into Viet Nam and the aggregate volume or quantity of products originating from countries that satisfy the above condition does not exceed 7% of the total volume or quantity of similar imports into Viet Nam, these countries will be excluded from the scope of

application of anti-dumping measures.

Article 79. Grounds for initiating investigations for application of anti-dumping measures

1. An investigation for application of anti-dumping measures shall be initiated when organisations or individuals representing a domestic industry submit a dossier of request for application of these measures.

2. Organisations or individuals that submit a dossier of request for application of anti-dumping measures shall be regarded as representing a domestic industry when all the following conditions

are fully met:

a) The total volume or quantity of like products manufactured by the domestic producers that submit the dossier and domestic producers that support the request for application of


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anti-dumping measures is larger than the total volume or quantity of like products manufactured by the domestic producers that oppose such request;

b) The total volume or quantity of like products manufactured by the domestic producers that submit the dossier and domestic producers that support the request for application of anti-dumping measures accounts for at least 25% of the total volume or quantity of like products manufactured by the domestic industry concerned.

3. The Minister of Industry and Trade shall decide to initiate an investigation when having conspicuous evidence that the import of dumped products causes material injury or threatens to cause material injury to a domestic industry or impedes the formation of a domestic industry.

Article 80. Contents of investigation for application of anti-dumping measures

1. Determination of dumped imports into Viet Nam and dumping margin covers:

a) Determination of normal values;

b) Determination of export prices;

c) Fair comparison between normal values and export prices and determination of the specific dumping margin of the to-be-investigated products for every organisation or individual manufacturing and exporting these products (hereinafter referred to as producer/exporter).

2. Identification of material injury or threat of causing material injury to a domestic industry or identification of the impediment to the formation of a domestic industry.

3. Determination of the causal relationship between the import of the dumped products and material

injury or threat of causing material injury to a domestic industry or the impediment to the formation of a domestic industry.

4. Identification of socio-economic impacts of anti-dumping measures.

Article 81. Application of anti-dumping measures

1. The application of provisional anti-dumping duties shall be decided by the Minister of Industry and Trade based on the preliminary determination of the investigating authority. Provisional anti-dumping duty rates must not exceed the dumping margin stated in the preliminary determination.

The time limit for imposition of provisional anti-dumping duties is 120 days from the effective date of the decision on imposition of provisional anti-dumping duties. At the request of exporters of like products into Viet Nam, the Minister of Industry and Trade may extend this time limit for not more than 60 days.

2. The application of commitment measures is prescribed as follows:

a) After the preliminary determination is made and before the investigation finishes, the

producer/exporter of the investigated products may make a commitment with the investigating authority that he/she/it will voluntarily adjust the selling prices or limit the volume or quantity of the investigated products exported to Viet Nam;

b) The investigating authority may accept or reject the commitment or request adjustment of the commitment after consulting organisations or individuals representing the domestic industry concerned.

3. The imposition of anti-dumping duties is prescribed as follows:

a) If no commitment is made under Clause 2 of this Article, after finishing the investigation, the investigating authority shall announce its final determination on the investigation contents specified in Article 80 of this Law. The investigating authority's final determination and major


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grounds for making such determination shall be notified via an appropriate means to interested parties in the investigation case;

b) Based on the investigating authority's final determination, the Minister of Industry and Trade shall issue a decision to impose or not to impose anti-dumping duties;

c) Anti-dumping duty rates must not exceed the dumping margin stated in the final determination;

d) The time limit for imposition of anti-dumping duties is 5 years from the effective date of the decision on imposition of anti-dumping duties, except the case of extension specified in Clause 2, Article 82 of this Law.

4. The imposition of retrospective anti-dumping duties is prescribed as follows:

a) In the case the investigating authority's final determination affirms that there is material injury or a threat of causing material injury to a domestic industry, the Minister of Industry

and Trade may decide to impose retrospective anti-dumping duties;

b) Retrospective anti-dumping duties shall be imposed on products imported within 90 days before the imposition of provisional antidumping duties if the imports are concluded as being dumped; the volume or quantity of dumped imports into Viet Nam sees an unusual increase in the period from the time of commencement of the investigation to the time of imposition of provisional anti-dumping duties, causing hardly remediable injury to a domestic industry.

Article 82. Review of the application of anti-dumping measures

1. A review at the request of interested parties in an investigation case is prescribed as follows:

a) After 1 year from the date of issuance of a decision on application of anti-dumping measures, the Minister of Industry and Trade may decide to review the application of these measures at the request of one or more than one interested party in the investigated case and after considering the evidence provided by the requester;

b) The performance of review-related procedures must not impede the application of anti-dumping measures currently in force;

c) The time limit for a review prescribed in this Clause is 6 months from the date of issuance of the review decision and, when necessary, may be extended once for not more than 3 months.

2. Sunset review is prescribed as follows:

a) One year before the expiration of the time limit for application of anti-dumping measures, the Minister of Industry and Trade shall issue a decision to conduct sunset review of such

application;

b) The review aims to assess the necessity, reasonability and socio-economic impacts of the continued application of anti-dumping measures;

c) Based on the investigating authority's review result, the Minister of Industry and Trade shall issue a decision to extend or not to extend the time limit for application of anti-dumping measures;

d) The time limit for sunset review is 09 months from the date of issuance of the review

decision and, when necessary, may be extended once for not more than 3 months.

3. Review for foreign producers/exporters that export products under investigation to the Vietnamese territory after the initial phase of investigation (hereinafter referred to as new exporters) is prescribed as follows:


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a) A new exporter may submit a dossier requesting the investigation body to conduct a review and determine a separate anti-dumping duty rate;

b) Based on the investigating authority's review result, the Minister of Industry and Trade shall issue a decision to apply a separate antidumping duty rate to the reviewed new exporter;

c) The time limit for review for a new exporter is 3 months from the date of issuance of the review decision and, when necessary, may be extended once for not more than 3 months.

4. Review of the range of products subject to anti-dumping measures is prescribed as follows:

a) Interested parties in an investigation case may request the investigating authority to review the range of products subject to anti-dumping measures;

b) A dossier of request for review must include evidence and information proving that the application of anti-dumping measures to all the products is inappropriate;

c) Based on the investigating authority's review conclusion, the Minister of Industry and Trade

shall decide to adjust the range of products subject to anti-dumping measures;

d) The time limit for review of the range of products subject to antidumping measures is 06 months from the date of issuance of the review decision and, when necessary, may be extended once for not more than 03 months.

Section 3

COUNTERVAILING AGAINST IMPORTS INTO VIET NAM

Article 83. Countervailing measures

1. Countervailing measures against imports into Viet Nam (hereinafter referred to as countervailing measures) are measures which are applied in the case subsidised imports into Viet Nam cause material injury or threaten to cause material injury to a domestic industry or impede the formation of a domestic industry.

2. Countervailing measures include:

a) Imposition of countervailing duties;

b) Commitment made by an organisation or individual or the government of the

manufacturing/exporting country with a competent Vietnamese state agency on voluntary termination of subsidies, reduction of subsidy levels, or commitment to adjust export prices;

c) Other countervailing measures.

Article 84. Subsidies

Subsidy means a contribution made in the following forms by the government or any public organisation of the country having imports into Viet Nam which brings benefits to the subsidy-

receiving organisation or individual:

1. The Government actually transfers funds directly to the organisation or individual or directly undertakes indebtedness for the latter;

2. The Government ignores or does not collect the amounts which the organisation or individual is obliged to pay to the Government;

3. The Government provides the organisation or individual with assets, products or services other than common infrastructure facilities;


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4. The Government purchases assets, products or services from the organisation or individual at prices higher than market prices;

5. The Government sells assets, products or services to the organisation or individual at prices lower than market prices;

6. The Government contributes funds to a financing facility; entrusts, assigns or directs and requests a private organisation to perform one or more than one activity specified in Clauses 1 through 5 of

this Article which normally belongs to its functions and is actually not different from its routine activities;

7. Any form of support in terms of income or price;

8. Any other form of subsidy other than those referred to in Clauses 1 through 7 of this Article, which

has been determined on the principles of fairness, reasonability, and non-violation of treaties to which the Socialist Republic of Viet Nam is a contracting party.

Article 85. Subsidies likely to be subject to countervailing measures

The following subsidies are likely to be subject to countervailing measures, unless otherwise provided by treaties to which the Socialist Republic of Viet Nam is a contracting party:

1. Subsidies based on export results;

2. Subsidies aiming to prioritise the use of home-made products over imports;

3. Subsidies referred to in Article 84 of this Law which nullify or affect the interests which Viet Nam is directly or indirectly entitled to under treaties to which the Socialist Republic of Viet Nam is a

contracting party.

Article 86. Conditions for application of countervailing measures

1. Countervailing measures shall be applied to imports when all the following conditions are fully satisfied:

a) The products are identified as being subsidised under Articles 84 and 85 of this Law with specific subsidy levels, except the case specified in Clause 2 of this Article;

b) A domestic industry suffers material injury or is threatened to suffer material injury or its

formation is impeded;

c) There exists a causal relationship between the import of subsidised products specified in Point a of this Clause and the injury caused to a domestic industry referred to in Point b of

this Clause.

2. Countervailing measures shall not be applied to producers/exporters in developed countries that have a subsidy not exceeding 1% of the price of exports to Viet Nam, producers/exporters in

developing countries that have a subsidy not exceeding 2% of the price of exports to Viet Nam, and producers/exporters in underdeveloped countries that have a subsidy not exceeding 3% of the price of exports to Viet Nam.

3. In the case the volume or quantity of imports originating from a developing country does not exceed 4% of the total volume or quantity of similar imports into Viet Nam and the aggregate volume or quantity of products originating from developing countries that satisfy the above condition does not exceed 9% of the total volume or quantity of similar imports into Viet Nam, these countries will

be excluded from the scope of application of countervailing measures.


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Article 87. Grounds for initiating investigations for application of countervailing measures

1. An investigation for application of countervailing measures shall be initiated when organisations or individuals representing a domestic industry submits a dossier of request for application of these measures.

2. Organisations or individuals that submit a dossier of request for application of countervailing measures shall be regarded as representing a domestic industry when all the following conditions

are fully satisfied:

a) The total volume or quantity of like products of the domestic producers that submit the dossier and domestic producers that support the request for application of countervailing measures is larger than the total volume or quantity of like products of the domestic producers that oppose such request;

b) The total volume or quantity of like products of the domestic producers that submit the

dossier and domestic producers that support the request for application of countervailing measures accounts for at least 25% of the total volume or quantity of like products manufactured by the domestic industry concerned.

3. The Minister of Industry and Trade shall decide to initiate an investigation when having conspicuous evidence that the import of subsidised products causes material injury or threatens to cause material injury to a domestic industry or impedes the formation of a domestic industry.

Article 88. Contents of investigation for application of countervailing measures

1. Determination of subsidised imports into Viet Nam and subsidy levels covers:

a) Determination of the value of subsidies;

b) Determination of export prices;

c) Determination of specific subsidy levels for each foreign producer/exporter.

2. Identification of material injury or the threat of material injury to a domestic industry or identification of the impediment to the formation of a domestic industry covers:

a) Determination of the volume or quantity of subsidised imports and their impacts on the

prices of like products in the domestic market;

b) Identification of impacts of subsidised imports on a domestic industry.

3. Determination of the causal relationship between the import of subsidised products and the

material injury or threat of material injury to a domestic industry or impediment to the formation of a domestic industry.

4. Identification of socio-economic impacts of countervailing measures.

Article 89. Application of countervailing measures

1. The imposition of provisional countervailing duties shall be decided by the Minister of Industry and Trade based on the preliminary determination of the investigating authority. Provisional countervailing duty rates must not exceed the subsidy levels stated in the preliminary determination.

The time limit for imposition of provisional countervailing duties is 120 days from the effective date of the decision on imposition of provisional countervailing duties. The Minister of Industry and Trade may extend such time limit for not more than 60 days.


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2. The application of commitment measures is prescribed as follows:

a) After the preliminary determination is made and before the investigation finishes, the producer/exporter of investigated products or the government of the subsidy-providing country may make a commitment with the investigating authority that he/she/it will voluntarily terminate the provision of subsidies, reduce subsidy levels, adjust export prices or apply other appropriate measures;

b) The investigating authority may accept or reject the commitment or request adjustment of the commitment after consulting organisations or individuals representing the domestic industry concerned.

3. The imposition of countervailing duties is prescribed as follows:

a) If no commitment is made under Clause 2 of this Article, after finishing the investigation, the investigating authority shall announce its final determination on the investigation contents

specified in Article 80 of this Law. The investigating authority's final determination and major grounds for making such conclusion shall be notified via an appropriate means to interested parties;

b) Based on the investigating authority's final determination, the Minister of Industry and Trade shall issue a decision to impose or not to impose countervailing duties;

c) Countervailing duty rates must not exceed the subsidy levels stated in the final determination;

d) The time limit for imposition of countervailing duties is 5 years from the effective date of the decision on imposition of countervailing duties, except the case of extension specified in Clause 2, Article 90 of this Law.

4. The imposition of retrospective countervailing duties is prescribed as follows:

a) In the case the investigating authority's final determination identifies material injury or a threat of material injury to a domestic industry, the Minister of Industry and Trade may decide to impose retrospective countervailing duties;

b) Retrospective countervailing duties shall be imposed on products imported within 90 days before the imposition of provisional countervailing duties if these products are concluded as being subsidised; the volume or quantity of subsidised imports into Viet Nam sees an unusual increase in the period from the time of commencement of the investigation to the time of imposition of provisional countervailing duties, causing hardly remediable injury to a domestic industry.

5. The application of other countervailing measures must comply with treaties to which the Socialist Republic of Viet Nam is a contracting party or principles of international law.

Article 90. Review of the application of countervailing measures

1. The review at the request of interested parties in an investigation case is prescribed as follows:

a) After 01 year from the date of issuance of a decision on application of countervailing measures, the Minister of Industry and Trade may decide to review the application of these measures at the request of one or more than one interested party in the investigation case

and after considering the evidence provided by the requester;

b) The performance of review-related procedures must not impede the application of countervailing measures currently in force;

c) The time limit for a review prescribed in this Clause is 6 months from the date of issuance of the review decision and, when necessary, may be extended once for not more than 3 months.


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a) One year before the expiration of the time limit for application of countervailing measures, the Minister of Industry and Trade shall issue a decision to conduct sunset review of such application;

b) The review aims to assess the necessity, reasonability and socio-economic impacts of the continued application of countervailing measures;

c) Based on the investigating authority's review result, the Minister of Industry and Trade shall issue a decision to extend or not to extend the time limit for application of countervailing measures;

d) The time limit for sunset review is 9 months from the date of issuance of the review decision

and, when necessary, may be extended once for not more than 3 months.

3. Review for new exporters is prescribed as follows:

a) A new exporter may submit a dossier requesting the investigation body to conduct a review and determine a separate countervailing duty rate;

b) Based on the investigating authority's review result, the Minister of Industry and Trade shall issue a decision to apply a separate countervailing duty rate to the reviewed new exporter;

c) The time limit for a review for the new exporter is 03 months from the date of issuance of the review decision and, when necessary, may be extended once for not more than 3 months.

4. Review of the range of products subject to countervailing measures is prescribed as follows:

a) Interested parties in an investigation case may request the investigating authority to review

the range of products subject to countervailing measures;

b) A dossier of request for review must include evidence and information proving that the

application of countervailing measures to all the products is inappropriate;

c) Based on the investigating authority's review conclusion, the Minister of Industry and Trade shall decide to adjust the range of products subject to countervailing measures;

d) The time limit for a review of the range of products subject to countervailing measures is 06 months from the date of issuance of the review decision and, when necessary, may be

extended once for not more than 03 months.

5. Changed-circumstance review is prescribed as follows:

a) At any time after the official countervailing duties take effect, if one or more than one interested party in an investigation case sees a new circumstance causing a material change

in the subsidy levels for products subject to official countervailing duties, leading to no subsidies or negligible subsidies, or no longer causing material injury or a threat of material injury to a domestic industry, or no longer causing an impediment to the formation of a domestic industry, such party may request the investigating authority to conduct a changed-circumstance review;

b) A dossier of request for review must include evidence and information proving that the application of countervailing measures is no longer appropriate as a result of a changed circumstance;

c) Based on the investigating authority's review conclusion, the Minister of Industry and Trade shall decide to adjust or terminate countervailing measures;

d) The time limit for a changed-circumstance review is 9 months from the date of issuance of the review decision and, when necessary, may be extended once for not more than 3 months.


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Section 4

SAFEGUARDS IN THE IMPORT OF FOREIGN PRODUCTS INTO VIET NAM

Article 91. Safeguard measures

1. Safeguard measures in the import of foreign products into Viet Nam (hereinafter referred to as safeguard measures) are measures which are applied against products that are excessively imported into Viet Nam, causing serious injury or threatening to cause serious injury to a domestic industry.

2. Safeguard measures include:

a) Imposition of safeguard duties; b) Application of import quotas;

c) Application of tariff quotas; d) Grant of import permits; dd) Other safeguard measures.

Article 92. Conditions for application of safeguard measures

1. Safeguard measures may only be applied to imports when all the following conditions are fully satisfied:

a) The products are excessively imported with their volume or quantity seeing an absolute or relative increase over the volume or quantity of like products manufactured domestically;

b) A domestic industry suffers serious injury or a threat of serious injury;

c) The increase in the volume or quantity of imports referred to in Point a of this Clause is the

main cause of the serious injury or threat of serious injury to a domestic industry.

2. In the case the volume or quantity of imports originating from a developing country does not exceed 3% of the total volume or quantity of like products imported into Viet Nam and the aggregate volume or quantity of products originating from developing countries that satisfy the above condition does not exceed 9% of the total volume or quantity of like products imported into Viet Nam, these countries will be excluded from the scope of application of safeguard measures.

Article 93. Grounds for initiating investigations for application of safeguard measures

1. An investigation for application of safeguard measures shall be initiated when domestic producers of like products or directly competitive products which can possibly accepted by buyers to replace products subject to safeguard measures for their price advantages and use purpose submit a dossier of request for application of these measures.

2. The dossier contains clear evidence that the products excessively imported into Viet Nam cause serious injury or threaten to cause serious injury to a domestic industry.

3. The Minister of Industry and Trade shall decide to initiate an investigation when having clear evidence that the products excessively imported into Viet Nam cause serious injury or threaten to cause serious injury to a domestic industry.

Article 94. Contents of investigation for application of safeguard measures

1. Determination of products excessively imported into Viet Nam and increase levels of imports.

2. Identification of serious injury or the threat of serious injury to a domestic industry.

3. Determination of the causal relationship between the excessive import of products as prescribed

in Clause 1 of this Article and the injury to a domestic industry as prescribed in Clause 2 of this Article.


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Article 95. Application of safeguard measures

1. The imposition of provisional safeguard measures shall be decided by the Minister of Industry and Trade based on the preliminary determination of the investigating authority before finishing the investigation, if it is deemed that delayed implementation of safeguard measures might cause serious injury or threaten to cause serious injury to a domestic industry and such injury is hardly remediable.

The time limit for application of provisional safeguard measures is 200 days from the effective date of the decision on application of provisional safeguard measures.

2. The application of official safeguard measures is prescribed as follows:

a) After finishing the investigation, the investigating authority shall announce its final

determination on the investigation contents prescribed in Article 94 of this Law. The investigating authority's final determination and major grounds for making such conclusion

shall be notified via an appropriate means to interested parties;

b) Based on the investigating authority's final determination, the Minister of Industry and Trade shall issue a decision to apply or not to apply official safeguard measures;

c) The time limit for application of safeguard measures, including the period of application of provisional safeguard measures, is 4 years, except the case of extension specified in Clause 2, Article 96 of this Law;

d) The total period for application of safeguard measures, including the period of application

of provisional safeguard measures and official safeguard measures and extended period, is 10 years.

Article 96. Review of the application of safeguard measures

1. Interim review is prescribed as follows:

a) In the case the time limit for application of safeguard measures exceeds 3 years, the investigating authority shall review safeguard measures before the expiration of half of this time limit for making a conclusion on the continuation, termination or reduction of safeguard

measures;

b) Based on the investigating authority's review result, the Minister of Industry and Trade shall issue a decision on the continuation, termination or reduction of safeguard measures;

c) The time limit for an interim review of the application of safeguard measures is 6 months from the date of issuance of the review decision and, when necessary, may be extended once

for not more than 3 months.


a) Before the expiration of the time limit for application of safeguard measures, domestic producers of like products or directly competitive products that wish to have this time limit extended shall submit a dossier of request for extension of the time limit for application of safeguard measures. Such dossier must contain evidence showing that the domestic industry concerned has taken necessary adjustment measures to raise the competitiveness and that the termination of safeguard measures might cause serious injury or threaten to cause serious

injury to the domestic industry concerned;

b) The investigating authority may conduct sunset review either at the request for extension of the time limit for application of safeguard measures prescribed in Point a of this Clause or on its own discretion;

c) Based on the investigating authority's review result, the Minister of Industry and Trade shall issue a decision to terminate, or extend the time limit for, application of safeguard measures;


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d) The extent of application of safeguard measures in the extended period must not be higher than that during the previous time limit for application of safeguard measures;

dd) The time limit for a sunset review is 6 months from the date of issuance of the review decision and, when necessary, may be extended once for not more than 6 months.

3. Review of the range of products subject to safeguard measures is prescribed as follows:

a) Importers of products subject to safeguard measures may request the investigating

authority to review the range of products subject to safeguard measures;

b) A dossier of request for review must include evidence and information proving that the application of safeguard measures to all the products is inappropriate;

c) Based on the investigating authority's review conclusion, the Minister of Industry and Trade shall decide to adjust the range of products subject to safeguard measures;

d) The time limit for a review of the range of products subject to safeguard measures is 6

months from the date of issuance of the review decision and, when necessary, may be extended once for not more than 3 months.

Article 97. Re-application of safeguard measures

1. Safeguard measures already applied to a certain type of products may be re-applied to such products as follows:

a) If safeguard measures have been applied for 4 years or more, including the extended period (if any), they may be re-applied only after a period at least equal to half of the previous

application period;

b) If safeguard measures have been applied for between over 180 days and under 4 years, including the extended period (if any), they may be re-applied only after at least 2 years from the date of termination of these measures;

c) If safeguard measures have been applied for 180 days or fewer, they may be re-applied only after at least 1 year from the date of commencement of application of such measures provided that these measures have not been applied for more than twice over 5 years before

the effective date of re-applied measures.

2. The order and procedures for investigation for re-application of safeguard measures are the same as those for investigation for application of safeguard measures.

Article 98. Compensation

1. Compensation for injury due to the application of safeguard measures and compensation levels must comply with Vietnamese law and treaties to which the Socialist Republic of Viet Nam is a

contracting party.

2. Compensation for injury and compensation levels shall be determined based on results of consultation among interested parties.

3. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and ministerial-level agencies in, working out a compensation plan, and submit it to the Prime Minister for approval before consulting the party that suffers injury due to application of safeguard measures.

Article 99. Special safeguards

1. Special safeguard is a safeguard measure which the Minister of Industry and Trade decides to apply in the case there is an excessive increase in imports into Viet Nam as a result of tax reduction


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according to a roadmap under the relevant treaty to which the Socialist Republic of Viet Nam is a contracting party.

2. Special safeguard measures may only be applied to products originating from specified countries in conformity with treaties to which the Socialist Republic of Viet Nam is a contracting party.

3. Investigation for application of special safeguard measures must comply with treaties to which the Socialist Republic of Viet Nam is a contracting party.

[…]

Chapter VIII


Article 112. Effect

1. This Law takes effect on 1 January 2018.

2. Except for cases specified in Article 113 of this Law, the following ordinances will cease to be

effective on the effective date of this Law:

a) Ordinance No. 42/2002/PL-UBTVQH10 on Safeguards in the Import of Foreign Products into Viet Nam;

b) Ordinance No. 20/2004/PL-UBTVQH11 on Anti-dumping of Imports into Viet Nam;

c) Ordinance No. 22/2004/PL-UBTVQH11 on Measures against Subsidised Imports into

Viet Nam.

3. To annul Clause 3, Article 28; Clause 3, Article 29; Clause 3, Article 30; and Articles 31, 33, 242,

243, 244, 245, 246 and 247, of Commercial Law No. 36/2005/QH11.

Article 113. Transitional provision

From the effective date of this Law, trade remedy cases of which competent state agencies receive complaint or investigation dossiers before the effective date of this Law will continue to be considered and settled in accordance with Ordinance No. 42/2002/PL-UBTVQH10 on Safeguards in the Import of Foreign Products into Viet Nam, Ordinance No. 20/2004/PL-UBTVQH11 on Anti-dumping of Imports into Viet Nam, and Ordinance No. 22/2004/PL-UBTVQH11 on Measures against Subsidised

Imports into Viet Nam./.

This Law was passed on 12 June 2017, by the 14th National Assembly of the Socialist Republic of Vietnam in its 3rd session.

CHAIRWOMAN OF THE NATIONAL ASSEMBLY

Nguyen Thi Kim Ngan

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