Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree details some articles of the Law on foreign trade management on bases for the conduction, procedures, time limit, contents and bases for the termination of trade remedy investigation; method for determining the injury to domestic industry; taking action against evasion of trade remedies; imposition and review of trade remedies; responsibility for cooperating of relevant authorities during the investigation; exemption from trade remedies; handling of trade remedies imposed on the Vietnamese exports.
Article 2. Regulated entities
1. Regulatory bodies competent to investigate, apply and handle trade remedies.
2. Vietnamese traders, foreign traders, other domestic and foreign agencies, organizations and individuals relevant to the investigation, appliance and handling of trade remedies.
Article 3. Definitions
Except for terms specified in the Law on foreign trade management, in this Decree, these terms are construed as follows:
1. Evidence refers to factual things which are used by the authority investigating trade remedies as grounds for determining cases of trade remedies.
2. Requesting party refers to an organization or individual legally representing a domestic industry that submits a request for applying trade remedies and investigating evasion of trade remedies.
3. Requested party refers to a foreign organization or individual producing or exporting goods who is requested to be applied trade remedies and investigated evasion of trade remedies by the requesting party or is investigated by the investigating authority under decisions of the Minister of Industry and Trade.
4. Period of investigation refers to a period of time determined by the investigating authority for collection of information, evidences and data to serve the investigation
5. Investigation phase refers to a period of time for which the investigating authority conducts the investigation from the date the Minister of Industry and Trade decides to investigate until the investigation is completed.
6. “Consultation” means the activity where relevant parties exchange and provide information about the case with the investigating authority in accordance with law provisions.
Article 4. Determination of domestic industry
1. The determination of domestic industry shall comply with the regulations specified in Clause 1 Article 69 of the Law on foreign trade management.
2. Volume and quantity of produced goods which amount to at least 50% of the total quantity and volume of similar goods or directly competitive products that are produced domestically shall be treated as constituting a major proportion of total domestic production of the domestic industry in accordance with Clause 1 Article 69 of the Law on foreign trade management. The investigating authority may consider a lower proportion if there is evidence that such proportion is enough to constitute a major proportion of total domestic production of the domestic industry.
3. In cases include anti-dumping measure and countervailing measure, producers in a specific geographic market within the Vietnam territory may be treated as a domestic industry is the following conditions are satisfied:
a) The producers in such geographic market sell all or almost all goods they can produce in the market;
b) The needs of such geographic market are not satisfied considerably by producers of similar domestic goods in other geographic market.
In this case, the investigating authority can still determine the damage even when similar domestic producers in other geographic markets do not suffer damage if the investigating authority decides that there are dumping or countervailing activities that are only happened in such geographic market and they cause damage to all or almost all producers in such market.
Article 5. Determination of the relationship between the producers of similar goods and organizations and individuals importing/exporting goods under investigation of trade remedies
1. The producers of similar goods are considered relevant to organizations and individuals importing/exporting goods under investigation of trade remedies in accordance with Clause 1 Article 69 of the Law on foreign trade management in the following cases:
a) This party directly or indirectly controls the other party;
b) Both parties are directly or indirectly controlled by a third party;
c) Both parties directly or indirectly control a third party.
2. A party may be deemed to control another party when that party has the rights to govern the financial and operating policies of the other party.
Article 6. Return of duty of trade remedy
1. The return of trade remedies duty shall comply with the regulations specified in Clause 5 and 6 Article 68 of the Law on foreign trade management.
2. The duty rates of trade remedies returned in accordance with Clause 1 this Article shall be interest-free.
3. Procedures for return of duty of a trade remedy shall be carried out similarly to the procedures for refund of overpaid import tax in accordance with law provisions on tax management.
Article 7. Exemption from trade remedies
1. The Ministry of Industry and Trade shall review and exempt trade remedies through exemption applied to a number of goods on the principle that it does not affect the overall effectiveness of trade remedies.
2. Organizations and individuals shall submit an application for exemption of trade remedies (hereinafter referred to as exemption dossier) using the form promulgated by the investigating authority to the Ministry of Industry and Trade for reviewing and exempting trade remedies.
3. Within 07 working days from the receipt of the exemption dossier, the investigating authority shall notify the organization/individual on the adequacy and validity of the exemption dossier. If the exemption dossier is not adequate or valid, the investigating authority shall request the supplementation from the organization/individual.
4. Within 45 days from the receipt of the satisfactory exemption dossier, the Ministry of Industry and Trade shall review and exempt trade remedies. If the dossier is rejected, the investigating shall send the organization/individual a written notification containing the explanation.
5. If the organization or individual exempted from trade remedies does not comply with the regulations and conditions for exemption, the Ministry of Industry and Trade may revoke the decision on exemption of trade remedies and notify the customs authority in accordance with law provisions.
6. The Minister of Industry and Trade shall provide specific guidance on cases exempted from trade remedies.
Article 8. Management of imports subject to investigation of trade remedies
1. From the date on which the decision on investigation is issued to the end date of the trade remedy investigation, the Ministry of Industry and Trade may apply the import declaration regulations to goods subject to investigation of trade remedies for investigation. The declaration of import is not limited in quantity, volume or value of imported goods.
2. The dossier for declaration of import includes:
a) Written declaration of import: 01 copy using the form promulgated by the investigating authority;
b) Commercial voucher: 01 certified true copy;
c) Certificate of quality or equivalent documents promulgated by the producer: 01 certified true copy.
3. Within 02 working days from the receipt of the dossier for declaration of import, the investigating authority shall notify the organization/individual on the adequacy and validity of the exemption dossier. If the dossier for declaration of import is not adequate or valid, the investigating authority shall request the supplementation from the organization/individual.
4. Within 03 working days from the receipt of the satisfactory dossier for declaration of import, the investigating authority shall send a written confirmation on the declaration of import to the address mentioned in the application by post.
5. The customs authority shall cooperate with the Ministry of Industry and Trade in supervising the implementation of the import declaration regulation applied to goods subject to investigation.
Article 9. Rights and obligations of related parties in a trade remedy case
1. The requesting party and the requested party shall have the following rights:
a) Access information provided by other relevant parties to the investigating authority, except for confidential information as prescribed in Article 11 hereof;
b) Send opinions on draft preliminary conclusion, final conclusion, review conclusion and conclusion of investigation against evasion of trade remedies within 07 days since the date on which the investigating authority send the draft for opinions;
c) Recommend the investigating authority to extend the time limit for providing information, the time limit for responding to the questionnaire;
d) Request for confidentiality of information as prescribed in Article 11 hereof;
dd) Participate in the public hearing and present viewpoints, provide evidences and documents related to the trade remedy case;
e) Authorize other party on his/her behalf to participate in the resolution process of the trade remedy case;
g) Request the investing authority to organize a separate hearing as prescribed in Clause 1 Article 13 hereof;
h) Complaint or file a lawsuit about decisions of the Minister of Industry and Trade according to law provisions on complaints and lawsuits of Vietnam.
2. The requesting party and the requested party shall have the following obligations:
a) Provide sufficiently, truthfully, accurately and promptly the necessary evidences, information and documents relating to his/her request;
b) Provide sufficiently, truthfully, accurately and promptly the necessary evidences, information and documents as requested by the investigating authority;
c) Execute decisions of the Minister of Industry and Trade.
3. Relevant parties as prescribed in Article 74 of the Law on foreign trade management are other than the requesting party or the requested party shall have the following rights and obligations:
a) Provide truthful information and necessary documents relating to the trade remedy case according to his/her viewpoints or at the request of the investing authority;
b) Request for confidentiality of information as prescribed in Article 11 hereof;
c) Access information about the trade remedy case of the investing authority, except for confidential information as prescribed in Article 11 hereof;
d) Participate in the public hearing and present viewpoints, provide evidences and documents related to the trade remedy case.
4. Relevant parties shall not pay fees for participating in handling of trade remedy case regarding imports to Vietnam.
Article 10. Regulations on the non-cooperation of related parties in a trade remedy case
1. If a relevant party refuses to participate in the case, does not provide necessary evidences or significantly disturbs the completion of the investigation, the preliminary conclusion and final conclusion regarding such relevant party shall be based on available information.
2. If a relevant party provide false or misleading evidences, such evidences shall not be reviewed and the preliminary conclusion and final conclusion regarding such relevant party shall be based on available information.
3. Non-cooperating relevant parties specified in Clause 1 and 2 this Article shall not be exempted from trade remedies as prescribed in Article 7 hereof.
Article 11. Confidentiality of information
1. The investigating authority shall public non-confidential information relevant to the trade remedy case. The publication of information shall be carried out in an electronic method or other methods that are in accordance with the infrastructure of the investing authority.
2. The investing authority shall keep the information provided by relevant parties confidential, including:
a) National secrets and other secret in accordance with law provisions;
b) The information classified as confidential by the supplier and accepted by the investigating authority.
3. Information provided by a relevant party must be made into 02 copies which comprise 01 copy containing public information and 01 copy containing confidential information. Regarding the confidential information, the relevant party must attach a detailed explanation of the request for confidentiality of information and a summary of the contents of the confidential information that may be disclosed to other relevant parties.
4. In case the investigating authority refuses the information supplier’s request for confidentiality of information or where the supplier refuses to provide a summary of the confidential information as specified in Clause 3 this Article, the investing authority shall not use such information.
5. Before the Minister of Industry and Trade decides to investigate, the investing authority shall restrict disclosure of information about the case.
Article 12. Site investigation
1. The investigating authority may conduct site investigation to confirm the adequacy, accuracy and truthfulness of the evidences and information provided by the relevant party.
2. The investing authority may only conduct site investigation if it is consented by the relevant party who are requested to be on-site investigated.
3. The investing authority must send a notification and contents of the investigation request to the relevant party who are requested to be on-site investigated before the site investigation.
4. In case the site investigation is conducted oversea, the investing authority shall notify the Government of the country of the enterprise which is investigated on-site.
Article 13. Consultation
1. During the investigation of the imposition of trade remedies, review of trade remedies and taking action against evasion of trade remedies, the investing authority may consult separately with a relevant party according to the written request of such party provided that such consultation shall not affect the time limit for investigation and review of the case.
2. Before the end of the investigation, the investing authority shall organize a public consultation with relevant parties. The investing authority shall notify the organization of the public consultation to relevant parties at least 30 days before the consultation.
3. At least 07 days before the organization of the public consultation, the relevant parties shall register to participate in the consultation to the investing authority, in which they may include a document on the issues that need to be consulted with arguments. Relevant parties are exempted from the consultation participation fee.
4. Within 07 days from the organization of the public consultation, the relevant parties shall send a written document on the contents presented at the consultation to the investing authority.
5. Within 15 days from the organization of the public consultation as specified in Clause 2 this Article, the investing authority shall publish the consultation record to relevant parties.
Article 14. Provision of information of regulatory bodies and trade associations of Vietnam
1. The customs authorities of Vietnam, within their authorities and functions, shall:
a) Provide data and information of goods under consideration imported to Vietnam at the request of the investing authority in a timely and adequate manner;
b) Cooperate with the investing authority in providing anonymous data and information about the quantity and quality of imports and exports related to the investigation, imposition and handling of trade remedies at the request of the enterprise and trade associations. The procedures, costs and cases of refusal to provide information and other contents shall comply with the Law on access to information.
2. From the effective date of the decision on imposition of trade remedies, the customs authority shall provide information on trade remedy duties, quantity and quality of imports under trade remedies at the request of the investing authority.
3. Trade associations and the Vietnam Chamber of Commerce and Industry shall, within their functions and authorities, cooperate with the investing authority in providing information and data on imports and exports, production and trade of goods within their competence at the request of the investing authority.
Article 15. Imposition of trade remedies applied to underdeveloped and developing countries/territories
1. The imposition of trade remedies applied to goods of an underdeveloped/developing country or territory shall comply with Clause 2 and 3 of Article 86 and Clause 2 Article 92 of the Law on foreign trade management.
2. The list of underdeveloped/developing countries shall be determined by the investing authority based on a reliable database.
Tìm kiếm
Nghị định 10/2018/NĐ-CP hướng dẫn Luật Quản lý ngoại thương về biện pháp phòng vệ thương mại (Bản Word)
Nghị định 10/2018/NĐ-CP hướng dẫn Luật Quản lý ngoại thương về biện pháp phòng vệ thương mại (Bản Pdf)