Chapter IV.
REVIEW OF THE IMPOSITION OF TRADE REMEDIES
Section 1. GENERAL PROVISIONS
Article 55. Dossiers for review of the imposition of trade remedies
The dossiers for review of the imposition of trade remedies (hereinafter referred to as dossiers for review) shall include:
1. Application for review of the imposition of trade remedies according to the form promulgated by the investigating authority;
2. Other documents and information deems necessary by the requesting party.
Article 56. Verification of dossiers for review
1. Within 15 days from the receipt of the dossier for review, the investigating authority shall notify the organization/individual on the adequacy and validity of the dossier for review. If the dossier for review is not adequate or valid, the investigating authority shall request supplementation from the organization/individual.
2. Within 30 days after the receipt of the satisfactory dossier for review, the investigating authority shall review the dossier and send it to the Minister of Industry and Trade for considering the review of the imposition of trade remedies.
Article 57. Questionnaire for review
1. Within 15 days since the issuance of the decision on review, the investigating authority shall send the questionnaire for review to the following subjects:
a) The review requesting party;
b) The reviewed party;
c) Other involved parties deemed necessary by the investigating authority.
2. Within 30 days after receiving the questionnaires for review, the concerned parties must provide written replies to all questions in the questionnaire. This time limit may be extended once by the investigating authority but not more than 30 days based on the written request for extension of the concerned party.
3. The questionnaires shall be considered having reached the recipients after 07 working days from the date on which they were sent by the investigating authority. The sending date shall be determined according to the postmark.
Section 2. REVIEW OF THE ANTI-DUMPING MEASURES AND COUNTERVAILING MEASURES
Mini section 1. REVIEW OF THE ANTI-DUMPING MEASURES AND COUNTERVAILING MEASURES AT THE REQUEST OF CONCERNED PARTIES
Article 58. Submission of the dossiers for review at the request of concerned parties
1. Within 60 days before the end of one year from the date of issuance of the decision on the imposition of official anti-dumping measures and countervailing measures or the latest decision on the results of the review of anti-dumping measures, countervailing measures, the concerned parties as prescribed in Article 59 hereof may submit the dossiers for review, except for cases where the submission deadline is less than 09 months before the time limit for the Minister of Industry and Trade to decide whether to carry out the final review of anti-dumping or countervailing measures.
2. The contents of the dossier for review shall comply with the form promulgated by the investigating authority
Article 59. The review requesting party
The following organizations and individuals may submit dossiers for review of the imposition of anti-dumping and countervailing measures in accordance with Article 58 hereof:
1. Domestic producers as provided for in Clause 2 of Article 79 and Clause 2 of Article 87 of the Law on foreign trade management.
2. Foreign producers and exporters which may submit dossiers for review of the imposition of official anti-dumping measures and countervailing measures of such foreign producers and exporters;
3. Importers of goods subject to anti-dumping and countervailing measures;
4. Governments of foreign producers and exporters which may submit dossiers for review of the imposition of official anti-dumping measures and countervailing measures of such foreign producers and exporters;
Article 60. Contents of the review at the request of concerned parties
The investigating authority shall conduct the review of one or more of the following contents, based on the contents requested by the concerned parties:
1. The dumping margin, the level of subsidy of one, some or all of the foreign producers and exporters
2. Commitments to eliminate dumping and subsidies of one, some or all of the foreign producers and exporters who commit;
3. Damages of the domestic industry and the causal relationship between the dumping on goods/ good subsidies of relevant foreign producers and exporters and the damage to domestic industry
4. Scope of imposition of anti-dumping measure and countervailing measure.
Article 61. Decision on the review result at the request of concerned parties
1. Within 15 days since the date on which the investigating authority submit the review conclusion, the Minister of Industry and Trade shall issue the decision on the review result of the imposition of trade remedies.
2. Based on the review conclusion of the investigating authority, the Minister of Industry and Trade shall promulgate one of the following decisions:
a) Adjustment or non-adjustment to the imposition of anti-dumping and countervailing measures based on the review results under Article 60 hereof:
b) Termination of the imposition of anti-dumping or countervailing measures in cases where the conclusions on the review determine that the anti-dumping or countervailing measures are no longer necessary to remedy the damage of the domestic industry or the domestic industry will no longer suffer damage if anti-dumping or countervailing measures are terminated.
3. The adjustment to the imposition of anti-dumping and countervailing measures specified in Point a Clause 2 this Article shall not affect the time limit for the effective imposition of anti-dumping or countervailing measures.
Mini section 2. FINAL REVIEW OF IMPOSITION OF ANTI-DUMPING MEASURES AND COUNTERVAILING MEASURES
Article 62. Submission of the dossiers for final review
1. At least 12 months before the decision on imposition of anti-dumping measures and countervailing measures expires, the investigating authority shall announce the receipt of dossiers for final review of imposition of anti-dumping measures and countervailing measures
2. Within 30 days since the notice of the investigating authority, the domestic producer representing the domestic industry according to Clause 2 Article 79 and Clause 2 Article 87 of the Law on foreign trade management may submit the dossiers for final review of imposition of anti-dumping measures and countervailing measures
Article 63. Contents of the final review of imposition of anti-dumping measures and countervailing measures
1. The investigating authority shall carry out final review to assess the possibility of continuation or recurrence of dumping or subsidizing acts causing damage to domestic industries in case of termination of anti-dumping measures/countervailing measures.
2. The final review of imposition of anti-dumping measures and countervailing measures shall include the following contents:
a) The possibility of imported goods being dumped, subsidized if anti-dumping or anti-subsidy measures are terminated;
b) The possibility that a domestic industry suffers or may suffer from serious damage if anti-dumping or anti-subsidy measures are terminated
c) The causal relationship between the possibility of dumping on imports/import subsidies and the damage that likely occurs to a domestic industry.
Article 64. Decision on the result of the final review of imposition of anti-dumping measures and countervailing measures
Based on the review conclusion of the investigating authority, the Minister of Industry and Trade shall promulgate one of the following decisions:
1. Extension of the imposition of anti-dumping or countervailing measures if the final review determines that elimination of anti-dumping or anti-subsidy measures may result in the continuation or recurrence of dumping on goods or good subsidies which cause damage to the domestic industry.
2. Termination of the imposition of anti-dumping or countervailing measures in cases the requesting domestic producers withdraw their requests for review or the final conclusion of the investigating authority determines that there is no possibility of continuation or recurrence of dumping on goods or good subsidies that causes damage to the domestic industry.
Mini section 3. REVIEW OF NEW EXPORTERS
Article 65. Determination of new exporters
1. “New exporter” refers to the producers or exporters of the exporting country have been subject to anti-dumping, countervailing measures and did not export goods subject to investigation into Vietnam during the initial investigation period.
2. New exporters may submit dossiers for review of the imposition of anti-dumping and countervailing measures when the following conditions are satisfied:
a) The new exporter has no relationship with the organizations and individuals subject to anti-dumping and countervailing measures in accordance with Article 5 hereof:
b) The exporter has actually exported the goods to Vietnam after the investigation period determined by the investigating authority in the initial investigation;
c) The volume and quantity of exports to Vietnam at the time of submission of the request for review must be large enough so that the investigating authority can determine the reasonable export price.
3. New exporters may submit dossiers for review after the decision on imposition of anti-dumping and countervailing measures takes effect.
Article 66. Contents of the review of new exporters
The review of new exporters shall include the following contents:
1. The separate dumping margin and level of subsidy of the new exporter;
2. Conditions for imposition of anti-dumping measures and countervailing measures applied to the new exporter.
Article 67. Decision on the result of the review of new exporters
Based on the conclusion on review of new exporters of the investigating authority, the Minister of Industry and Trade shall promulgate one of the following decisions:
1. Imposition of separate anti-dumping measures and countervailing measures to new exporters;
2. Continuation of the imposition of the effective anti-dumping or countervailing measures in case the new exporter withdraws the request for review or does not cooperate in the review process.
Section 3. REVIEW OF SAFEGUARD MEASURES
Article 68. Midterm review of the imposition of safeguard measures
1. If the duration of imposition of safeguard measures (including duration of imposition of temporary safeguard measures) is more than 03 years, the Minister of Industry and Trade shall carry out the midterm review of the imposition of safeguard measures.
2. Based on the midterm review conclusion of the investigating authority, the Minister of Industry and Trade shall promulgate one of the following decisions:
a) Continue the imposition of safeguard measures;
b) Mitigate the imposition of safeguard measures;
c) Terminate the imposition of safeguard measures.
Article 69. Final review of the imposition of safeguard measures
1. At least 09 months before the decision on imposition of safeguard measures expires, the investigating authority shall announce the receipt of dossiers for final review of imposition of safeguard measures. Within 30 days since the announcement of the investigating authority, organizations and individuals may submit the dossier for final review of imposition of safeguard measures.
2. The final review of imposition of safeguard measures shall include the following contents:
a) Determine the level of increase of imports into Vietnam since the safeguard measure was applied;
b) Assess the situation of production and business activities of the 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 damage or threat to cause serious damage to the domestic industry if the safeguard measures are terminated.
3. The decision on result of the final review of imposition of safeguard measures shall include the following contents:
a) Renew or not renew the imposition of safeguard measures;
b) Adjust the level of imposition of safeguard measures;
c) Adjust the scope of imposition of safeguard measures;
Section 4. REVIEW OF THE SCOPE OF GOODS
Article 70. Submission of dossiers by relevant parties
1. The following organizations and individuals may submit dossiers for review:
a) Domestic producers;
b) Foreign producers and exporters;
c) Importers;
d) Organizations and individuals using the imports.
2. The Minister of Industry and Trade shall consider the review of the scope of goods subject to trade remedies based on the dossiers for review.
Article 71. Contents of review of scope of goods subject to trade remedies
The review of scope of goods subject to trade remedies shall include the following contents:
1. Comparison of imports and similar goods or directly competitive goods produced domestically;
2. Alternative capacity of imported goods;
3. Capacity to produce similar goods or directly competitive goods of the domestic industry.
Article 72. Decisions on the result of review of scope of goods subject to trade remedies
Based on the review conclusion of the investigating authority, the Minister of Industry and Trade shall promulgate one of the following decisions:
1. Do not adjust scope of goods subject to trade remedies
2. Narrow the scope of goods subject to trade remedies
3. Exempt from trade remedies applied to specific importers
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)