Chương 1 Pháp lệnh 20/2004/PL-UBTVQH11: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of regulation

This Ordinance provides for anti-dumping measures; procedures and contents of investigation for application, and application of such measures to imports dumped into Vietnam.

Article 2.- Interpretation of terms

In this Ordinance, the following terms are construed as follows:

1. Anti-dumping tax means an additional import tax imposed on imports dumped into Vietnam, which causes or threatens to cause material injury to a domestic industry.

2. Dumping margin means the calculable difference between the normal prices and the export prices of goods imported into Vietnam.

3. Negligible dumping margin means a dumping margin which is no more than 2% of the export prices of goods imported into Vietnam.

4. Immaterial volume, quantity or value of imports dumped into Vietnam means a volume, quantity or value of imports dumped into Vietnam, which satisfies the following conditions:

a/ The volume, quantity or value of goods dumped from one country does not exceed 3% of the total volume, quantity or value of the like goods imported into Vietnam;

b/ The total of the volumes, quantities or values of goods dumped from many countries, which satisfy the condition set at Point a of this Clause, does not exceed 7% of the total volume, quantity or value of the like goods imported into Vietnam.

5. Domestic industry means a group of domestic producers or their representatives that produce a volume, quantity or value of goods accounting for a major proportion in the total volume, quantity or value of domestically produced the like goods under the condition that these producers do not import, and have no direct alignment relations with the organizations or individuals exporting or importing the goods which are requested for application of anti-dumping measures.

6. Like goods mean goods bearing all of their characteristics resembling goods which are requested to be subject to the application of anti-dumping measures or, in the absence of such goods, mean goods having many of their basic characteristics resembling goods which are requested to be subject to the application of anti-dumping measures.

7. Material injury to a domestic producing industry means the state of significant decline or growth restriction in terms of capacity, price and sale of goods, profit, production development rate, employment, investment and other indexes of the domestic industry, or the state of retardation of the formation of a domestic industry.

8. Threat to cause material injury to a domestic industry means an imminent, apparent and provable possibility to cause material injury to a domestic industry.

Article 3.- Determination of imports dumped into Vietnam

1. Goods originated from a country or territory shall be regarded as sold at a dumping price when imported into Vietnam (hereinafter called goods dumped into Vietnam) if such goods are sold at a price lower than the normal price prescribed in Clause 2 and Clause 3 of this Article.

2. The normal price of an import into Vietnam is a comparable price of the like goods currently on sale on the domestic market of the exporting country or territory under normal commercial conditions.

3. In cases where there are no like goods on sale on the domestic market of the exporting country or territory or there are like goods on sale on the domestic market of the exporting country or territory but in a negligible volume, quantity or value, the normal prices of the imports into Vietnam shall be determined in either of the following two ways:

a/ The comparable prices of the like goods of the exporting country or territory, which are on sale on the market of a third country under normal commercial conditions.

b/ The reasonable costs of the goods plus other reasonable expenses as well as reasonable profits, determined at each stage from production to circulation on the market of the exporting country or territory or of a third country.

Article 4.- Anti-dumping measures

1. Application of anti-dumping tax.

2. Commitments to take measures to preclude dumping, made by organizations or individuals producing and/or exporting the goods which are requested for application of anti-dumping measures with Vietnamese State bodies competent to apply anti-dumping measures or with domestic producers if it is so approved by Vietnamese State bodies competent to apply anti-dumping measures.

Article 5.- Principles for application of anti-dumping measures

1. Anti-dumping measures shall be applied at a necessary and reasonable level only in order to prevent or limit material injury to the domestic industries.

2. The application of anti-dumping measures shall be effected only after investigation has been conducted and must be based on the investigation conclusions prescribed in Chapter II of this Ordinance.

3. Anti-dumping measures shall only be applied directly to the imports dumped into Vietnam under the provisions of this Ordinance.

4. The application of anti-dumping measures must not cause harm to the national socio-economic interests.

Article 6.- Conditions for application of anti-dumping measures

Anti-dumping measures shall be applied to goods dumped into Vietnam only when there exist the following two conditions:

1. The goods dumped into Vietnam and the dumping margins must be specifically determined;

2. The dumping of goods prescribed in Clause 1 of this Article constitutes the cause of, or the threat to cause, material injury to the domestic industries.

Article 7 - State management responsibility for anti-dumping

1. The Government shall perform the uniform State management over anti-dumping of imports into Vietnam.

2. The Government shall set up, and specify the organizational apparatuses, functions, tasks and powers of, anti-dumping bodies under the Ministry of Trade, including:

a/ The anti-dumping investigation agency (hereinafter called the investigation agency), which shall investigate and look into anti-dumping cases and, when necessary, propose the Trade Minister to issue decisions to apply provisional anti-dumping taxes;

b/ The Council for handling of anti-dumping cases, which shall consist of a number of standing members and other members who shall work on each case to review the conclusions of the investigation agency, discuss and decide by majority on whether the goods are dumped into Vietnam or not, causing or threatening to cause material injury to the domestic industries; and propose the Trade Minister to issue decisions to apply anti-dumping taxes.

3. The Trade Minister shall be responsible before the Government for performing the State management over anti-dumping, decide on the application of anti-dumping measures and bear responsibility for such decisions.

4. The ministries, the ministerial-level agencies and the provincial/municipal People's Committees shall, within the scope of their respective tasks and powers, have to coordinate with the Trade Ministry in performing the State management over anti-dumping measures and applying anti-dumping measures.