Chương II Nghị định 10/2018/NĐ-CP hướng dẫn Luật Quản lý ngoại thương về biện pháp phòng vệ thương mại: Điều tra và áp dụng biện pháp chống bán phá giá, chống trợ cấp

Chapter II

INVESTIGATION AND IMPOSITION OF ANTI-DUMPING MEASURE AND COUNTERVAILING MEASURE

Section 1. ANTI-DUMPING AND COUNTERVAILING

Mini section 1. ANTI-DUMPING

Article 16. Method of determining the normal price

1. In case a similar good is sold in the domestic market of the exporting country in a significant volume, normal price is the comparable price of the similar good sold in the domestic market of the exporting country under common commercial conditions prescribed in Article 17 hereof.

2. In the absence of similar goods sold on the domestic market of the exporting country or in case the sale in that country does not allow for a fair comparison due to the special conditions of that market or the similar goods are sold on the domestic market of the exporting country with an insignificant volume, the normal price shall be determined in one of the following methods:

a) The export price of similar goods to an appropriate third country if the export price is representative;

b) The price established by the investing authority according to the reasonable price of such good plus other reasonable costs and reasonable profits based on each stage from production to circulation on the market of the exporting country or a third country.

3. Volume and quantity of similar goods sold on the domestic market of the exporting country specified in Clause 1 of this Article shall be treated as significant if it amounts to at least 5% of the total quantity and volume of goods under consideration exported to Vietnam. The investigating authority may consider a lower proportion if there is evidence that such proportion is large enough to carry out a reasonable comparison.

Article 17. Common commercial conditions

A similar good is considered being sold in the domestic market of the exporting country under common commercial conditions except for the following cases:

1. Sales transaction of similar goods on the domestic market of the exporting country, or the export transaction to a third country in which their sales price is lower than the production cost in at least 6 months and their quantity and number are lower than 20% of the total quantity and number of goods sold domestically or exported to a third country;

2. Sales transaction of similar goods on the domestic market of the exporting country, or the export transaction to a third country which are done between parties having relationships as prescribed in Article 5 hereof and the sales prices between those parties do not reflect the market price;

3. Sales transaction of similar goods on the domestic market of the exporting country or the export transaction to a third country shall be implemented according to agreements on netting.

Article 18. Method of determining the export price

1. Export price refers to the sales price of the goods under consideration exported to Vietnam according to legal transact8ion vouchers.

2. In the absence of export price or there are evidences proving that the export price is unreliable, the investigating authority shall determine the export price in one of the following methods:

a) The export price is established based on the price resold to the first independent customer. The first independent customer refers to a customer that has no relationship with the concerned producer and exporter specified in Article 5 this Decree;

b) The export price is established built on other reasonable bases.

3. The export price shall be treated as unreliable as specified in Clause 2 this Article if the producer, exporter, importer or a third party having relationships as prescribed in Article 5 hereof or having agreements on netting.

Article 19. Adjustment of normal price and export price

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

1. Adjust normal price and export price to the same stage in the goods circulation process;

2. Adjust normal price and export price to the same calculation time or at the nearest calculation times;

3. Adjust normal price and export price when there are differences in tax, sale terms, commercial levels, volume, physical characteristics and other factors which the investigating authority deems appropriate;

4. When exchanging currencies, the investigating authority shall use the exchange rate at the time of goods sold, unless the exchange rate in the import sale transaction under forward contract is the exchange rate specified in such contract. In the event of exchange rate fluctuation, the investigating authority shall adjust the fluctuation to an appropriate exchange rate in the period of investigation;

5. Other adjustments deemed appropriate by the investigating authority.

Article 20. Method of determining the dumping margin

1. The dumping margin is determined according to the difference between the normal price and the export price as prescribed in Article 16, 17, 18 and 19 of this Decree.

2. The dumping margin shall be determined according to one of the following methods:

a) Compare the weighted average of the normal price with the weighted average of the export price;

b) Compare the normal price with the export price on the basis of each transaction;

c) Compare the weighted average of the normal price with the weighted average of the export price on the basis of each transaction if there are significant differences in the export price between buyers, geographical areas and export time.

3. The investigating authority shall determine a particular dumping margin for each foreign producer and exporter in the anti-dumping investigation, except for cases specified in Clause 4 this Article.

4. In case the quantity of the requested parties is too large or the category of goods subject to investigation is too large, the investigating authority may limit the scope of investigation by the sampling method specified in Article 36 hereof to determine the dumping margin.

5. In case the investigating authority limits the scope of investigation in accordance with Clause 4 this Article, the dumping margin shall be applied as follows:

a) The particular dumping margin applied to goods under consideration of each producer and exporter from which the sample is drawn and cooperating with the investigating authority in the investigation phase;

b) The particular dumping margin applied to goods under consideration of each producer and exporter from which the sample is drawn but not cooperating or cooperating inadequately with the investigating authority in the investigation phase;

c) The particular dumping margin applied to goods under consideration of each producer and exporter from which the sample is not drawn but voluntarily participating and cooperating with the investigating authority in the investigation phase;

d) The particular dumping margin applied to goods under consideration of the remaining producers and exporters.

Mini section 2. COUNTERVAILING

Article 21. The particularity of subsidies

1. A subsidy specified in Article 84 of the Law on foreign trade management shall be treated as particular when such subsidy is applied to a particular organization, individual or production sector, or such subsidy is applied only to the organizations, individuals or production sectors in a particular geographical area of the country under the countervailing measure investigation.

2. The particularity of subsidies shall be determined as follows:

a) There is a clear restriction for one or a group of organizations/individuals, or for one or a certain group of production sectors to receive subsidies;

b) The objective criteria and conditions for receiving subsidies which are defined in legal documents but not automatically applied in practice;

c) There is a clear restriction for organizations or individuals in a particular geographical area;

d) In case the subsidy is not particular as specified in Point a, b and c this Clause, the investigating authority may still determine its particularity based on reviewing factors including the limited number of subsidized enterprises, the disproportionate allocation of subsidies and the way the authorities provide subsidies.

3. The subsidies in accordance with Clause 1 and 2 Article 85 of the Law on foreign trade management shall be considered particular subsidies.

Article 22. Method of determining the subsidy value

1. Method of determining the subsidy value is regulated as follows:

a) In case the subsidy is a nonrefundable allocation, the subsidy value shall be calculated on the basis of the actual value of the allocation granted to the subsidized organizations/individuals;

b) In case the subsidy is granted in the form of a loan provided by the Government or public sectors, the subsidy value shall be calculated on the basis of the difference between the payable interest rate applicable to such loan under market conditions and the interest rate actually paid by the organization/individual;

c) In case the subsidy is granted in the form of loan guarantee provided by the Government or public sectors, the subsidy value shall be calculated on the basis of the difference between the payable interest rate applicable to non-guaranteed loan and the actual interest rate applicable to guaranteed loans;

d) In case the subsidy is granted in the form of share transfer or direct capital transfer by the Government or public sectors, the subsidy value shall be calculated on the basis of the capital amount actually received by the enterprise;

dd) In case the subsidy is granted in the form under which the Government or public sector purchase goods/services at prices higher than the market price for the organization/individual, the subsidy value shall be calculated on the basis of the difference between the market prices and the actual prices paid by the Government or public sectors for such goods/services;

e) In case the subsidy is granted in the form under which the Government or public sector provide goods/services at prices lower than the market price to the organization/individual, the subsidy value shall be calculated on the basis of the difference between the market prices and the sale prices of the Government or public sectors to the organization/individual;

g) In case the subsidy is granted in the form under which the Government or public sectors ignore or not collect the payables of the organization/individual, the subsidy value shall be calculated on the basis of the difference between the amount payable in accordance with law provisions and the amount actually paid by the organization/individual.

2. The value of subsidy granted in other forms shall be calculated in an equitable, reasonable manner and not contrary to international practices.

Article 2. Determination of damage to the domestic industry

Article 23. Determination of significant damage to the domestic industry

1. The determination of significant damage to the domestic industry must be carried out according to the following factors:

a) The absolute or relative increase of the volume and quantity of goods dumped and subsidized for import into Vietnam as compared to the volume and the quantity of similar goods domestically produced or consumed;

b) Price depression and price suppression of goods under consideration imported to Vietnam regarding the sale price of similar goods domestically produced;

c) The impact of the dumped or subsidized goods on the status of production and business activities of the domestic industry, including actual decline, potential decline of revenue, sales volume, profit, quantity, market share, capacity, productivity, investment; factors affecting the domestic sale price; the magnitude of the dumping margin, the level of subsidy; actual and potential adverse impacts on cash flow, inventory, labor, wages and capacity of raising fund;

d) Other factors.

2. The determination of significant damage to the domestic industry must be carried out according to specific evidences.

Article 24. Determination of threat to cause significant damages to the domestic industry

1. The determination of threat to cause significant damages to the domestic industry must be carried out according to the following factors:

a) The absolute or relative increase of the volume and quantity of goods dumped and subsidized for import into Vietnam as compared to the volume and the quantity of similar goods domestically produced or consumed;

b) The production capacity of the foreign producer or exporter is large enough or may increase significantly in the near future, leading to a significant increase in the volume and quantity of goods under consideration imported into Vietnam;

c) The dumped or subsidized imports to Vietnam significantly reduce prices, or adjust prices to stay at a significant level, or prevent substantial increases in the selling price of similar domestic goods, resulting in the increase in demand for imported goods;

d) Inventory data of goods under consideration;

dd) Other factors.

2. The review of the factors specified in Clause 1 of this Article shows the actual possibility of increasing the import of dumped and subsidized goods and if no anti-dumping or countervailing measures are applied, significant damages will occur.

3. The determination of threat to cause significant damages to the domestic industry must be carried out according to specific evidences.

Article 25. Determination of significant obstruction to the establishment of the domestic industry

1. The determination of establishment of the domestic industry shall be carried out according to the following factors:

a) Characteristics of the domestic industry;

b) Operation period of the domestic industry;

b) Business scale of the domestic industry comparing to the whole market;

d) Reasonable financial break-even point of the domestic industry;

dd) The manufacturing industry being considered a new manufacturing industry or an expansion of the existing manufacturing chain;

e) Other factors deemed appropriate by the investigating authority.

2. The determination of significant obstruction to the establishment of the domestic industry specified in Clause 1 this Article shall be carried out according to the following factors:

a) Plan of the domestic industry;

b) Production capacity and yield;

c) Quantity and volume of goods sold domestically;

d) Market share, revenue, profit;

dd) Sales prices of similar domestic goods;

e) Exportation of similar goods and import of goods under investigation;

g) Inventory;

h) Labor and wages;

i) Other factors deemed appropriate by the investigating authority.

3. The determination of significant obstruction to the establishment of the domestic industry must be carried out according to specific evidences.

Article 26. Principles of aggregate review

1. In case the goods under consideration are imported from two or more producing/exporting countries, the investigating authority may determine the aggregated damage to the goods under consideration.

2. The aggregate review of effect of goods under consideration must consider the competition conditions between the goods under consideration and the competition conditions between the goods under consideration and similar goods domestically produced.

3. The aggregate review specified in Clause 1 this Article does not include the countries with dumping margin and level of subsidies specified in Clause 2, 3 Article 78 and Clause 2, 3 Article 86 of the Law on foreign trade management.

Article 27. Determination of the causal relationship between dumped/subsidized imports and the damage to domestic industry

When determining the causal relationship between dumping on imports/import subsidies and the significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry, the investigating authority shall review the following contents:

1. The dumping on imports/import subsidies cause significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry.

2. Factors other than the dumping on imports/import subsidies which cause or may cause significant damage or significant obstruction to the establishment of a domestic industry shall not be considered as an effect cause by the dumped or subsidized goods, including:

a) The volume and quantity of similar goods imported into Vietnam which are not dumped or subsidized;

b) The decline in consumer demand or the change in the form of consumption of similar goods domestically produced;

c) Trade restriction policy;

d) The development of technology;

dd) Exportability and productivity of the domestic industry;

e) Other factors deemed appropriate by the investigating authority.

Section 3. INVESTIGATION OF ANTI-DUMPING AND COUNTERVAILING

Article 28. Application for imposition of anti-dumping measure

1. The application for imposition of anti-dumping measure includes a written request for imposition of anti-dumping measure and related documents.

2. The written request for imposition of anti-dumping measure includes the following contents:

a) Name, address and other necessary information of the organization/individual representing the domestic industry;

b) Information, data and evidences for determining the representative of the domestic industry, including list of domestic organizations and individuals producing similar goods; volume and quantity of similar goods produced by the above organizations and individuals;

c) Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;

d) Description of the imports subject to investigation of imposition of anti-dumping measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;

dd) Description of similar goods of the domestic industry, including scientific names, trade names, common names; basic physical and chemical characteristics; main purpose; Vietnam and international standards/regulations;

e) Information on the volume, quantity and value of the imports specified in Point d of this Clause within 12 months prior to the submission of dossiers;

g) Information on the volume, quantity and value of similar goods of the domestic industry specified in Point dd of this Clause within 12 months prior to the submission of dossiers; except where the domestic industry operates less than 12 months;

h) Information on the normal price and export price of the described goods in accordance with Point d this Clause; dumping margin of the imports subject to investigation of anti-dumping measures;

i) Information, data and evidences on significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

k) Information, data and evidences on the causal relationship between the import of goods specified in Clause d this Point and the damage to domestic industry significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

l) Information on the exporting country or the origin of goods subject to investigation of anti-dumping measures, including a specific list of foreign producers, exporters and importers;

m) Specific requirements on the imposition of anti-dumping measures, the duration and the extent of imposition.

Article 29. Application for imposition of countervailing measure

1. The application for imposition of countervailing measure includes a written request for imposition of countervailing measure and related documents.

2. The written request for imposition of countervailing measures includes the following contents:

a) Name, address and other necessary information of the organization/individual representing the domestic industry;

b) Information, data and evidences for determining the representative of the domestic industry, including list of domestic organizations and individuals producing similar goods; volume and quantity of similar goods produced by the above organizations and individuals;

c) Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;

d) Description of the imports subject to investigation of imposition of countervailing measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;

dd) Description of similar goods of the domestic industry, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; main purpose; Vietnam and international standards/regulations;

e) Information on the volume, quantity and value of the imports specified in Point d of this Clause within 12 months prior to the submission of dossiers;

g) Information on the volume, quantity and value of similar goods of the domestic industry specified in Point dd of this Clause within 12 months prior to the submission of dossiers; except where the domestic industry operates less than 12 months;

h) Information and evidences of foreign subsidies, including the existence of subsidies; the allegedly subsidizing country; name and address of the foreign organization or individual accused of receiving the subsidies; form and policy of subsidy; quantity, volume and value of the subsidy;

i) Information, data and evidences on significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

k) Information, data and evidences on the causal relationship between the import of goods specified in Clause d this Point and the damage to domestic industry significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

l) Specific requirements on the imposition of countervailing measures, the duration and the extent of imposition.

Article 30. Receipt of application for imposition of anti-dumping measure/countervailing measure

1. Within 15 days from the receipt of the application for imposition of anti-dumping measures/countervailing measures (hereinafter referred to as application), the investigating authority shall notify the organization/individual on the adequacy and validity of the application. If the application is not adequate or valid, the investigating authority shall request supplementation from the organization/individual.

2. The time limit for supplementation of the application is decided by the investigating authority but not lower than 30 days from the notification of supplementation.

Article 31. Verification of application for imposition of anti-dumping measure/countervailing measure

1. The verification of the application and issuance of decision on investigation shall comply with Clause 2 Article 70 of the Law on foreign trade management.

2. Contents of the verification of application include:

a) Determine the legal representative status of a domestic industry of the organization or individual submitting the application as provided for in Clause 2 of Article 79 and Clause 2 of Article 87 of the Law on foreign trade management.

b) Determine evidences of the dumping on goods/good subsidies imported to Vietnam which causes significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry.

Article 32. Decision on the investigation for imposition of anti-dumping measure and countervailing measure

The decision of the Minister of Industry and Trade on anti-dumping and countervailing investigation shall include the following contents:

1. Specific description of the goods under consideration, codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;

2. Information on organizations and individuals producing similar goods subject to imposition of anti-dumping measure/countervailing measure;

3. Summary of the information on the dumping on goods/good subsidies imported to Vietnam which causes significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

4. Procedures of the anti-dumping and countervailing investigation.

Article 33. Preparation of application for imposition of anti-dumping measure/countervailing measure in the absence of requesting party

1. If no one requests for investigation but there are clear evidences of the dumping on goods/good subsidies imported to Vietnam which causes or may causes significant damage to domestic industry, the investigating authority shall prepare an application for imposition of anti-dumping measures/countervailing measures and submit it to the Minister of Industry and Trade for reviewing and deciding the investigation.

2. The application prepared by the investigating authority must ensure the contents specified in Article 28 and 29 hereof (Except for Point a, b and c Clause 2).

3. Relevant organizations and individuals must cooperate and provide necessary information at the request of the Ministry of Industry and Trade.

Article 34. Period of investigation

1. The period of anti-dumping and countervailing investigation is 12 months. In special cases, the investigating body may determine another investigation period but not less than 06 months.

2. The investigation period for determining damage is at least 03 years and it must cover the whole period of anti-dumping and countervailing investigation. In case the related party has less than 3 years of operation, the data collected will be the entire operation duration of such related party up to the time the decision is made.

Article 35. Investigation questionnaire

1. Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the investigating authority shall send the investigation questionnaire to the following subjects:

a) Producers of similar domestic goods;

b) Foreign producers and exporters exporting goods subject to anti-dumping and countervailing investigation into Vietnam which the investigating authority knows;

c) The representative in Vietnam of the government of the country producing and exporting goods subject to anti-dumping and countervailing investigations;

d) Importers of goods subject to anti-dumping and countervailing investigations;

dd) Other related parties.

2. Within 30 days after receiving the investigation questionnaires, the concerned parties must provide written replies to all questions in the questionnaire. In case of necessity or there are written requests for extension with reasonable reasons from the concerned parties, the investigating authority may extend the time limit but not more than 30 days.

3. The investigation questionnaires shall be considered having reached the recipients after 07 days from the date on which they were sent by the investigating authority. The sending date shall be determined according to the postmark.

Article 36. Sampling

1. In case the quantity of foreign producers and exporters, domestic importers and producers is too large or the category of goods subject to anti-dumping measures/countervailing measures is too large, the investigating authority may limit the scope of investigation.

2. The limitation of the scope of investigation must comply with the following regulations:

a) The scope of investigation shall be limited by the method of selecting appropriate statistical samples on the basis of the volume and quantity of goods subject to anti-dumping or countervailing measures produced or exported into Vietnam by the requested party or the information obtained by the investigating authority at the time of sampling;

b) When selecting sample, the investigating authority may consult with the requested party, the importers involved in the sampling and receive consent of the requested party on the sampling.

Section 4. IMPOSITION OF ANTI-DUMPING MEASURE AND COUNTERVAILING MEASURE

Article 37. Imposition of temporary anti-dumping tax and countervailing tax

1. The imposition of temporary anti-dumping tax, countervailing tax, tax rate, the tax imposition time limit and the extension of the tax imposition time limit shall comply with the regulations specified in Clause 1 Article 81 and Clause 1 Article 89 of the Law on foreign trade management.

2. The decision on imposition of temporary anti-dumping tax and countervailing tax includes the following contents:

a) Description of the imports subject to imposition of anti-dumping tax and countervailing tax, including names, basic characteristics and main purpose, codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to current export tariff and import tariff;

b) Names, addresses and other necessary information of producers and exporters of goods subject to imposition of temporary anti-dumping and countervailing tax;

c) Name of the country producing and exporting goods subject to imposition of anti-dumping tax and countervailing tax;

d) Temporary anti-dumping tax and countervailing tax rates;

dd) Effective date and duration of the imposition of temporary anti-dumping tax and countervailing tax;

e) Procedures and dossiers for examination and imposition of temporary anti-dumping tax and countervailing tax.

3. The temporary anti-dumping tax and countervailing tax shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade.

4. In case the temporary anti-dumping tax, countervailing tax are imposed at a lower rate compared to the dumping margin/level of subsidies in the preliminary conclusion or in case the exporting organizations and individuals of goods under consideration imported into Vietnam request for extension of the imposition of temporary anti-dumping tax, countervailing tax and the volume and quantity of goods under consideration of the requesting exporters account for a considerable proportion of the total volume and quantity of goods under consideration imported into Vietnam, The Minister of Industry and Trade may extend the period of imposition of temporary anti-dumping tax and countervailing tax, but the extension shall not exceed 60 days.

Article 38. Imposition of commitment measures in the anti-dumping and countervailing investigation

1. After the Minister of Industry and Trade issues the decision on imposition of temporary anti-dumping tax and countervailing tax and within 30 days before the end of the investigation phase, the producers and exporters of goods under consideration or the Government of the requested party in case of countervailing investigation (hereinafter referred as ‘requesting party’) may send written commitments to eliminate dumping and subsidies) (hereinafter referred to as ‘commitment’) to the investigating authority.

2. The commitment includes the following contents:

a) Scope of goods;

b) Reference prices include self-determined prices, price increases and price adjustment options;

c) Periodic notification obligation;

d) Obligation to cooperate with the investigating authority in the implementation of the commitments;

dd) Other contents deemed appropriate by the investigating authority.

3. Within 30 days after the receipt of the commitments, the investigating authority shall review and report to the Minister of Industry and Trade for decision.

4. The commitment shall be considered on the following basis:

a) Whether the imposition of the commitments can overcome the significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;

b) Whether the existing management mechanism can effectively monitor the implementation of commitments;

c) Ability to evade anti-dumping, countervailing measures through commitments;

d) Other factors deemed appropriate by the investigating authority.

5. The investigating authority shall only review the commitments of the requesting parties who have sufficiently cooperated during the investigation period. During the review of the commitments, the investigating authority may request for adjustment of the commitments. If the requesting party agrees to adjust the commitment, the requesting party must send the adjusted commitment to the investigating authority.

6. The investigating authority shall public the commitments to involved parties. The involved parties may submit written opinions within the time limit specified in the notice. If the commitment contains confidential information, the requesting party shall implement security as prescribed in Articled 11 hereof.

Article 39. Decision on the commitment to eliminate dumping and subsidies

1. Based on reports of the investigating authority, the Minister of Industry and Trade shall issue a decision on accepting or rejecting the commitment of the requesting party. If the commitment is rejected, reasons must be included.

2. The decisions specified in Clause 1 this Article must be published to involved parties by appropriate methods.

3. After the issuance of the decisions specified in Clause 1 this Article, the investigating authority shall continue the investigation and issue the final conclusion as follows:

a) In case the final conclusion of the investigating authority determines that there is no dumping or subsidy or no significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry, the Minister of Industry and Trade shall issue a decision on termination of the case and the implementation of the commitment;

b) In case the final conclusion of the investigating authority determines that there is dumping or subsidy or no significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry, the commitment shall continue to be implemented according to the provisions of the commitment.

Article 40. Monitoring the implementation of commitments

1. When the commitment is approved, the requesting party shall be monitored by the investigating authority in the implementation of the commitment.

2. The investigating authority shall monitor the implementation of commitments as follows:

a) Request the requesting party to periodically provide information and documents related to the implementation of the commitment and prove the accuracy of such information and documents;

b) Periodically compare the information provided by the requesting party on quantity, volume and prices of goods subject to the commitment imported to Vietnam with the information provided by the customs authority;

c) Conduct site investigation to the requesting party if necessary;

d) Check the information with the importers of the requesting party;

dd) Other forms deemed appropriate by the investigating authority.

Article 41. Violation of the implementation of commitments

The implementation of commitment shall be considered to have committed violation in the following cases:

1. The requesting party imports goods under consideration into Vietnam at a price lower than committed;

2. The requesting party does not periodically provide information on the implementation of commitment as specified in the commitment;

3. The requesting party does not cooperate with the investigating authority in the verification and site investigation of the information provided periodically by the requesting party;

4. The information and data on the implementation of commitment provided by the requesting party are not accurate;

5. The requesting party evades the applied anti-dumping and countervailing measures;

6. The requesting party arbitrarily canceled the commitment but did not inform the investigating authority as prescribed in Clause 3 Article 42 hereof;

7. Other cases determined by the investigating authority.

Article 42. Cancellation of the implementation of commitments

The commitment is cancelled in the following cases:

1. The requesting party committed violations as prescribed in Article 41 hereof;

2. The investigating authority requests for cancellation of commitment implementation;

3. The requesting party requests for cancellation of commitment. The request may request the cancellation of the commitment at any time during the effective period of the commitment provided that the cancellation must be notified to the investigating authority at least 30 days before the cancellation.

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

1. If the cancellation of commitment implementation complies with the regulations specified in Clause 1 Article 42 of this Decree, the Minister of Industry and Trade may apply the official anti-dumping and countervailing measures based on information available and retroactively applied to the goods of the requesting party committing violations.

2. If the cancellation of commitment implementation complies with the regulations specified in Clause 2 and 3 Article 42 of this Decree, the imposition of anti-dumping and countervailing measures shall be implemented as follows:

a) If the cancellation of commitment implementation is carried out during the effective period of the imposition of temporary anti-dumping and countervailing measures, the Minister of Industry and Trade shall cancel the commitment implementation and notify the customs authority to impose the temporary anti-dumping and countervailing measures based on preliminary conclusions.

b) If the cancellation of commitment implementation is carried out during the effective period of the imposition of official anti-dumping and countervailing measures, the Minister of Industry and Trade shall cancel the commitment implementation and notify the customs authority to impose the official anti-dumping and countervailing measures based on final conclusions.

Article 44. Imposition of official anti-dumping measure and countervailing measure

1. Within 15 days from the day on which the investigating authority send the final conclusion to the Minister of Industry and Trade, the Minister of Industry and Trade shall issue a decision on the case.

2. The decision on imposition of official anti-dumping measures and countervailing measures includes the following contents:

a) Description of the imports subject to imposition of countervailing measures and anti-dumping measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;

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

c) Name of the country producing and exporting goods subject to imposition of official anti-dumping measures and countervailing measures;

d) The investigation conclusions suggesting the need to impose the official anti-dumping measure and countervailing measure;

dd) Specific official anti-dumping measures and countervailing measures;

e) Effective date and duration of imposition of official anti-dumping measures and countervailing measures;

g) Tax difference to be refunded (if any);

h) Procedures and dossiers for examination and imposition of official anti-dumping measures and countervailing measures.

Article 45. Imposition of retroactive anti-dumping tax and countervailing tax

1. The imposition of retroactive anti-dumping tax, countervailing tax shall comply with the regulations specified in Clause 4 Article 81 and Clause 4 Article 89 of the Law on foreign trade management.

2. The imposition of retroactive anti-dumping tax, countervailing tax shall be reviewed at the request of the requesting party on the sudden increase in the volume and quantity of goods under consideration imported into Vietnam during the period from the date of issuance of the investigation decision to the imposition of temporary anti-dumping tax and countervailing tax which may cause damages that are hard to recover from to the domestic industry

3. If the official anti-dumping, countervailing tax rates are higher than the temporary anti-dumping, countervailing tax rates, the retroactive tax rates shall be equal to the temporary anti-dumping, countervailing tax rates

4. If the official anti-dumping, countervailing tax rates are lower than the temporary anti-dumping, countervailing tax rates, the retroactive tax rates shall be equal to the official anti-dumping, countervailing tax rates

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