Chương VI Nghị định 10/2018/NĐ-CP hướng dẫn Luật Quản lý ngoại thương về biện pháp phòng vệ thương mại: Xử lý biện pháp phòng vệ thương mại áp dụng đối với hàng hóa xuất khẩu của Việt Nam

Chapter VI

DEALING WITH THE TRADE REMEDIES IMPOSED ON THE VIETNAMESE EXPORTS

Article 84. Principles

1. Assistance for Vietnamese traders subject to trade remedy investigation as specified in Article 76 of the Law on foreign trade management shall be carried out on the basis of the written requests of relevant traders and trade associations.

2. The initiation of a lawsuit against importing countries specified 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 exchange with the ministries, ministerial agencies and other competent agencies, shall be reported to the Prime Minister and be approved the plan of lawsuit.

3. The Ministry of Finance shall ensure the particular budget for trader assistance in accordance with Article 76 of the Law on foreign trade management.

4. Assisting activities to ensure the legitimate rights and interests of Vietnamese traders shall comply with the provisions of Vietnamese law and international agreements to which the Socialist Republic of Vietnam is a party.

Article 85. Provision of information related to the case

The information provided to traders as specified in Point a Clause 1 Article 76 of the Law on foreign trade management shall be the information published by relevant authorities of the importing country or permitted to be published in accordance with provisions of international agreements to which the Socialist Republic of Vietnam is a party.

Article 86. Early warning system of foreign trade remedy lawsuit

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

2. The Ministry of Industry and Trade shall promulgate the organization and operation of the early warning system.

Article 87. Exchange with importing countries that are conducting trade remedy investigation into Vietnamese exports

The exchange with the importing country investigating the imposition of trade remedies as stipulated in Point b, Clause 1, Article 76 of the Law on Foreign Trade Management shall be carried out in appropriate forms presided over by the Ministry of Industry and Trade and shall comply with the provisions of Vietnamese law and international agreements to which the Socialist Republic of Vietnam is a party.

Article 88. Assistance in cases in which Vietnamese traders are subject to countervailing measure investigation

If Vietnamese traders are subject to countervailing measure investigation as specified in Clause 2 Article 76 of the Law on Foreign Trade Management, the Ministry of Industry and Trade shall establish a plan to cooperate with relevant authorities of the importing country as follows:

1. Conduct consultation with the foreign investigating authority on accused subsidy programs of Vietnam;

2. Provide information and documents related to the accused subsidy programs of Vietnam at the request of the foreign investigating authority in accordance with regulations of effective laws;

3. Cooperate with the foreign investigating authority in site investigat6ion of the accused subsidy programs of Vietnam;

4. Other appropriate activities.

Article 89. Preparation of the plan for requesting compensation and retaliation in cases where Vietnamese traders are subject to trade remedy investigation

1. The Ministry of Industry and Trade shall take charge and coordinate with concerned ministries, ministerial agencies and organizations and individuals in preparing the plan for requesting compensation under international agreements to which the Socialist Republic of Vietnam is a party and submit it to the Prime Minister for approval.

2. The Ministry of Industry and Trade shall take charge and consult with concerned authorities of the importing country on the approved plan for requesting compensation approved in Clause 1 of this Article and issue the decision on specific implementation of the plan

3. If the Government of Vietnam and the Government of the importing country cannot reach an agreement on compensation, the Ministry of Industry and Trade shall take charge, coordinate with concerned ministries, ministerial agencies, organizations and individuals in preparing a retaliation plan under international agreements to which the Socialist Republic of Vietnam is a party and report it to the Prime Minister for approval and promulgation of the decision on implementation of the approved retaliation plan.

4. Procedures for carrying out the request for compensation and retaliation shall comply with the provisions of Vietnamese law and international agreements to which the Socialist Republic of Vietnam is a party.

Article 90. Suing the import country for the violations of relevant international treaties to which the Socialist Republic of Vietnam is a signatory

1. The Ministry of Industry and Trade shall take charge and coordinate with other ministries, ministerial agencies and competent regulatory bodies in considering and initiating the lawsuit 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 proposal of the concerned traders or trade associations, report it to the Prime Minister and carry out the approved lawsuit plan.

2. In cases where the concerned trader or trade associations submit their written requests for initiation of lawsuits, the written requests must contain the following contents:

a) Description of trade remedies investigated and imposed by the foreign country;

b) Damage caused by the trade remedy investigation specified in Point a of this Clause;

c) Description of violations of relevant international treaties to which the Socialist Republic of Vietnam is a signatory;

d) Proposals of the traders, trade associations;

dd) Other relevant information and documents deemed necessary by the traders or trade associations.

3. The procedures for suing the importing country that is conducting trade remedy investigation shall comply with international treaties to which the Socialist Republic of Vietnam is a signatory

4. Information and documents in the process of reviewing and evaluating before initiating lawsuits, in the process of lawsuit or information requested by concerned parties for confidentiality shall be regarded as confidential information according to effective law provisions.

5. Relevant traders and trade associations which have sent written requests 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 trade remedy investigation.

Article 91. Participation in related parties in trade remedy cases and third parties in disputes at the World Trade Organization regarding trade remedies

1. The Ministry of Industry and Trade shall consider and register the participation in related parties when a foreign country conducts trade remedy investigation into Vietnamese exports.

2. The Ministry of Industry and Trade shall consider and register the third-party participation in a dispute settlement case at the World Trade Organization if the case is in connection with rights and interests of Vietnam in trade remedy field. The Ministry of Industry and Trade may consult with concerned ministries and branches for consideration and registration of participation if necessary.

3. The Ministry of Industry and Trade may consider providing information and documents during the participation in a third party as specified in Clause 2 of this Article on the basis of written requests of organizations or individuals, provided that such documents and information may be published in accordance with international treaties to which the Socialist Republic of Vietnam is a 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. Ministries and ministerial agencies shall coordinate with the Ministry of Industry and Trade in selecting legal consultancy services at the written requests of the Ministry of Industry and Trade.

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

3. The Ministry of Finance shall ensure the particular budget for use of legal consultancy services in assistance for traders in accordance with Article 76 of the Law on foreign trade management.

Article 93. Coordination mechanism between regulatory bodies, trade associations and traders

1. Coordination mechanism between regulatory bodies, trade associations and traders is based on the following principles:

a) The Ministry of Industry and Trade shall take charge and coordinate with ministries, ministerial agencies, provincial People's Committees, other competent regulatory bodies and concerned organizations and individuals in the assistance for traders in accordance with Article 76 of the Law on Foreign Trade Management;

b) Ministries, ministerial agencies, provincial People's Committees, other competent regulatory bodies and relevant organizations, 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 contents shall be conducted as follows:

a) Ministries, ministerial agencies, provincial People's Committees and other competent regulatory bodies shall, within their powers and functions, supply information, documents and evaluation opinions at the request of the Ministry of Industry and Trade, explain their contents when the foreign investigating authority conducts site investigation under the regulations of 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 for foreign trade remedy investigation into Vietnamese exports, report information related to the foreign trade remedy investigation, impose trade remedies to members, consider participating in parties involved in the case and carry out other activities at the request of the Ministry of Industry and Trade;

c) The Vietnam Chamber of Commerce and Industry shall, within its functions and powers, coordinate with the Ministry of Industry and Trade in guiding and assisting traders subject to foreign trade remedy investigation, carry out other assisting activities at the request of the Ministry of Industry and Trade;

d) Vietnamese representative missions in foreign countries shall collect and monitor the information and notices of the concerned authorities of the importing country on trade remedies and promptly report them to the Ministry of Industry and Trade, assist in the selection of legal consultancy services at the request of the Ministry of Industry and Trade;

dd) The Ministry of Finance shall coordinate with the Ministry of Industry and Trade in assisting traders in accordance with the provisions of this chapter, requesting the customs authorities to promptly provide import and export data at the request of the agencies related to the Ministry of Industry and Trade;

e) The Ministry of Foreign Affairs shall coordinate with the Ministry of Industry and Trade in assisting traders in accordance with the provisions of this chapter and direct the Vietnamese representative missions in foreign countries to take the initiative in working with concerned authorities of the importing country to study, monitor and sum up the information on the case, promptly report them to the Ministry of Industry and Trade and coordinate with the Ministry of Industry and Trade in preparing settlement plans;

g) The judiciary shall coordinate with the Ministry of Industry and Trade in assisting traders in accordance with the provisions of this chapter and coordinate in studying and evaluating legal provisions of the World Trade Organization and other countries on trade remedies;

h) Traders who 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 supplied to the Ministry of Industry and Trade.