Chapter II
INVESTIGATION FOR THE APPLICATION OF ANTI-SUBSIDY MEASURES
Article 8.- Grounds of investigation
1. Investigation for the application of anti-subsidy measures shall be conducted when there are dossiers requesting the application of anti-subsidy measures from organizations and/or individuals representing domestic production branches.
Organizations and/or individuals submitting dossiers requesting the application of anti-subsidy measures shall be considered as representing domestic production branches when meeting two following conditions:
a/ The volume, quantity or value of goods they produce or represent accounts for at least 25% of the total volume, quantity or value of similar goods of the domestic production branches;
b/ The volume, quantity or value of goods defined at Point a, Clause 1 of this Article and goods of domestic producers that support the submission of dossiers requesting the application of anti-subsidy measures must be bigger than the volume, quantity or value of similar goods of other domestic producers opposing the application of anti-subsidy measures.
2. The Trade Minister may issue investigation decisions when there are clear evidences that the subsidized imports cause or threaten to cause material injuries to domestic production branches.
Article 9.- Dossiers requesting the application of anti-subsidy measures
A dossier requesting the application of anti-subsidy measures shall be sent to the investigation agency, consisting of:
1. A written request for the application anti-subsidy measures with the following contents:
a/ Names and addresses of, and other necessary information on, organizations and/or individuals requesting the application of anti-subsidy measures;
b/ Descriptions of the imports requested for the application of anti-subsidy measures, including their appellations, basic properties and use purposes, codes according to the current import tariff and current import tax rate applicable to them as well as their origins;
c/ Descriptions of the volume, quantity, unit price and value of goods defined at Point b of this Clause, imported within 12 months before the submission of the dossier requesting the application of anti-subsidy measures;
d/ Descriptions of the volume, quantity, unit price and value of similar goods produced in the country within 12 months before the submission of the dossier requesting the application of anti-subsidy measures;
e/ Information on the foreign Government's subsidy policies, subsidy situation and form;
f/ Information, data and evidences on material injuries caused or threatening to be caused to domestic production branches by subsidized imports into Vietnam;
g/ Names and addresses of, and other necessary information on, organizations and/or individuals producing or exporting goods into Vietnam, which are requested for the application of anti-subsidy measures;
h/ The specific request for the application of anti-subsidy measures, the application time-limit and extent;
2. Other relevant documents and information deemed necessary by organizations and/or individuals requesting the application of anti-subsidy measures.
Article 10.- Decision on investigation for the application of anti-subsidy measures
1. Within fifteen days after receiving dossiers requesting the application of anti-subsidy measures, if deeming that such dossiers are incomplete according to the provisions of Article 9 of this Ordinance, the investigation agency must notify the dossier-submitting organizations and/or individuals thereof for supplementation of the dossiers.
2. The time-limit for dossier supplementation shall be defined by the investigation agency but must not be less than thirty days as from the date the concerned organizations and/or individuals are notified of the dossier supplementation.
3. Before the Trade Minister issues investigation decisions, the investigation agency must notify Vietnam's anti-subsidy regulations to the competent agencies of the countries or territories that produce or export goods requested for the application of anti-subsidy measures.
4. Within sixty days after receiving dossiers with full contents prescribed in Article 9 of this Ordinance, the Trade Minister must issue investigation decisions; in special cases, this time limit may be extended but for no more than thirty days.
5. Within fifteen days as from the date of issuance of decisions on investigation for the application of anti-subsidy measures, the investigation agency shall notify such decisions to organizations and/or individuals requesting the application of anti-subsidy measures as well as to competent organizations, individuals and/or agencies of the countries or territories that produce or export goods requested for the application of anti-subsidy measures, and announce such decisions to relevant parties.
6. The Trade Minister must not issue investigation decisions if organizations and/or individuals requesting the application of anti-subsidy measures withdraw their dossiers, except for the cases defined in Clause 2, Article 8 of this Ordinance.
Article 11.- Parties involved in the investigation process
Parties involved in the investigation process include:
1. Organizations and/or individuals that submit dossiers requesting the application of anti-subsidy measures;
2. Foreign-based organizations and/or individuals that produce or export goods requested for the application of anti-subsidy measures;
3. Organizations and/or individuals that import goods requested for the application of anti-subsidy measures;
4. Home-based organizations and/or individuals that produce similar goods;
5. Domestic business-line associations that represent the majority of organizations and/or individuals producing or importing similar goods;
6. Foreign business-line associations that represent the majority of organizations and/or individuals that produce and/or export goods requested for the application of anti-subsidy measures;
7. Trade unions or other organizations that represent the interests of laborers of domestic production branches;
8. Organizations that protect the consumers' interests;
9. Vietnam's competent agencies;
10. Competent agencies of the countries or territories that produce or export goods requested for the application of anti-subsidy measures;
11. Other organizations and individuals whose rights and interests are related to the investigation process.
Article 12.- Providing information and documents in the investigation process
1. The parties involved in the investigation process, defined in Article 11 of this Ordinance, shall have to provide truthful information and necessary documents at the request of the investigation agency.
2. In cases where necessary information and documents are not provided strictly according to its request, the investigation agency shall make decision based on available information and documents.
Article 13.- Contents of investigation for the application of anti-subsidy measures
Contents of investigation for the application of anti-subsidy measures include:
1. Determination of subsidy;
2. Determination of material injuries and the threat to cause material injuries to domestic production branches.
Article 14.- Determination of subsidy
The determination of subsidy shall be conducted according to the following provisions:
1. Determining subsidized imports into Vietnam, particular subsidy and level of subsidy for those imports;
2. Determining the total subsidy value. The calculation of the total subsidy value is prescribed as follows:
a/ In cases where 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 concerned organization or individual.
b/ In cases where the subsidy is granted in form of a loan, the subsidy value shall be calculated on the basis of the difference between the payable interest rate applicable to that loan under normal trade conditions and that actually paid by the concerned organization or individual;
c/ In cases where the subsidy is granted in form of loan guarantee, the subsidy value shall be determined on the basis of the difference between the payable interest rate applicable to non-guaranteed loans and the actual interest rate applicable to the guaranteed loan;
d/ In cases where the subsidy is granted in form of share transfer, the subsidy value shall be determined on the basis of the capital amount actually received by the concerned enterprise;
e/ In cases where the subsidy is granted in the form under which the Government or Government agencies purchase goods and/or services at prices higher that the market prices and resell them to organizations and/or individuals at prices below or equal to the market prices, the subsidy value shall be determined on the basis of the difference between the market prices and the actual prices already paid by the Government or Government agencies for such goods and/or services, or the difference between the purchase prices and sale prices of goods when such goods are resold by the Government or Government agencies to organizations and/or individuals.
3. The value of subsidy granted in other forms shall be calculated in an equitable and reasonable manner, not contrary to international practices.
Article 15.- Determining material injuries and threat to cause material injuries to domestic production branches
The determination of material injuries and threat to cause material injuries to domestic production branches shall comply with the following provisions:
1. It must be based on concrete evidences;
2. The determination of the extent of material injuries or threat to cause material injuries to domestic production branches must be based on the examination of the following contents:
a/ The quantity, volume or value of the subsidized imports has been rising considerably due to the low sale prices, thus reducing the market shares of domestic production branches, changing the consumption structure and/or decreasing the productivity of domestic production branches;
b/ The imports' prices are low due to the subsidy, thus entailing the lower prices of home-made goods;
c/ The impacts of subsidized imports on domestic production branches as reflected in their economic, productivity and profit indexes;
d/ The impacts of subsidized imports in relation to the outputs of similar home-made products. In cases where this relation cannot be determined, such impacts shall be assessed through examination of the output of a group of certain products or one product among the most similar home-made products;
3. When goods imported from two or more countries or territories are all subject to investigation for the application of anti-subsidy measures, the investigation agency may assess impacts of the import of those goods from such countries or territories when it can determine:
a/ That the total value of subsidy for imports from every country or territory is considerable as is the volume of imports from each country or territory;
b/ The conditions of competition among the imports and those between the imports and home-made goods, which serve as basis for assessment of the impacts.
Article 16.- Consultation
1. Before and during investigation, the investigation agency may organize consultation with parties involved in the investigation process, defined in Article 11 of this Ordinance, so as to create conditions for these parties to present their opinions and provide necessary information.
2. The parties involved in the investigation process are not necessarily be present at consultation sessions; a party absent at consultation sessions shall still have its interests related to the application of anti-subsidy measures guaranteed.
3. The consultation must not obstruct the process of investigation and application of anti-subsidy measures according to the provisions of this Ordinance.
Article 17.- Information confidentiality
1. The investigation agency shall have to keep secret supplied information when receiving reasonable requests from the parties involved in the investigation process and shall request such parties to supply the summarized information that must be kept secret.
2. The parties involved in the investigation process are allowed to access information supplied to investigation agency, excluding information which need to be kept secret.
Article 18.- Investigation time-limit
1. The time-limit for investigation for the application of anti-subsidy measures shall not exceed twelve months as from the date of issuance of an investigation decision.
2. In special cases, the Trade Minister may decide on extension of the investigation time- limit, which, however, must not exceed 6 months.
Article 19.- Preliminary conclusions
1. Within ninety days as from the date of issuance of an investigation decision, the investigation agency shall announce preliminary conclusions on the contents related to the investigation process as defined in Articles 13, 14 and 15 of this Ordinance. In special cases, the time limit for announcement of preliminary conclusions may be extended but must not exceed sixty days.
2. The preliminary conclusions and principal grounds therefor shall be announced by appropriate modes to the parties involved in the investigation process.
Article 20.- Final conclusions
1. Upon the completion of the investigation process, the investigation agency shall announce final conclusions on the contents related to the investigation process according to the provisions of Articles 13, 14 and 15 of this Ordinance.
2. The final conclusions and major grounds therefor must be notified through appropriate media to the parties involved in the investigation process.
Article 21.- Stopping investigations
The Trade Minister shall decide to stop investigations in the following cases:
1. Organizations and/or individuals requesting the application of anti-subsidy measures withdraw dossiers at their own will;
2. The preliminary conclusions defined in Article 19 of this Ordinance contain one of the following contents:
a/ There’s no subsidy for the imports into Vietnam;
b/ The volume, quantity or value of subsidized imports into Vietnam is immaterial;
c/ The subsidy level is immaterial;
d/ There are neither material injuries nor threat to cause material injuries to domestic production branches.
Tìm kiếm
Pháp lệnh chống trợ cấp hàng hóa nhập khẩu vào Việt Nam năm 2004 (Bản Word)