How long can anti-dumping duty be applied for in Vietnam?

How long can anti-dumping duty be applied for in Vietnam?

Based on Article 12 of the Law on Export and Import Tax 2016 stipulating the anti-dumping duty as follows:

Anti-dumping duty

1. Conditions for applying anti-dumping duty:

a) Imported goods are dumped in Vietnam and the dumping margin must be specifically determined;

b) Dumping of goods causes or threatens to cause significant damage to the domestic production industry or hinders the formation of the domestic production industry.

2. Principles for applying anti-dumping duty:

a) anti-dumping duty is only applied at a necessary and reasonable level to prevent or limit significant damage to the domestic production industry;

b) The application of anti-dumping duty is carried out after an investigation and must be based on the investigation conclusions as stipulated by law;

c) anti-dumping duty is applied to goods dumped into Vietnam;

d) The application of anti-dumping duty must not cause damage to the domestic socio-economic interests.

3. The duration for applying anti-dumping duty is no more than 05 years from the effective date of the application decision. If necessary, the decision to apply the anti-dumping duty can be extended.

Thus, based on the above regulation, the anti-dumping duty is applied for a maximum duration of no more than 05 years.

*Note: If necessary, the decision to apply the anti-dumping duty can be extended.

How long can anti-dumping duty be applied for in Vietnam? (Image from the Internet)

What are regulations on the application of anti-dumping duty in Vietnam?

Based on Article 15 of the Law on Export and Import Tax 2016 stipulating the application of anti-dumping duty as follows:

- The application, amendment, abolition of anti-dumping duty, countervailing duty, and safeguard measures are implemented based on the provisions of this Law and the laws on anti-dumping, countervailing, and safeguards.

- Based on the tax rate, quantity, or value of goods subject to anti-dumping duty, countervailing duty, safeguard measures, the customs declarant is responsible for declaring and paying taxes in accordance with the law on tax administration.

- The Ministry of Industry and Trade decides on the application of anti-dumping duty, countervailing duty, safeguard measures.

- The Ministry of Finance stipulates the declaration, collection, payment, and refund of anti-dumping duty, countervailing duty, safeguard measures.

- In the case where the interests of the Socialist Republic of Vietnam are harmed or violated, based on international treaties, the Government of Vietnam reports to the National Assembly to decide on the application of other appropriate safeguard tax measures.

Which types of goods are not subject to anti-dumping duty in Vietnam?

The types of goods not subject to anti-dumping duty are stipulated in Article 78 of the Law on Foreign Trade Management 2017 as follows:

Conditions for applying anti-dumping measures

1. Anti-dumping measures are applied to imported goods when the following conditions are met:

a) Imported goods into Vietnam are dumped with a specifically determined dumping margin, except in cases specified in Clause 2 of this Article;

b) The domestic production industry suffers significant damage or is threatened to suffer significant damage or the formation of the domestic production industry is hindered;

c) There is a causal relationship between the import of dumped goods specified in Point a of this Clause and the damage to the domestic production industry specified in Point b of this Clause.

2. Anti-dumping measures are not applied to imported goods with a dumping margin not exceeding 2% of the export price of goods into Vietnam.

3. In the case where imported goods originate from a country with a volume or quantity not exceeding 3% of the total volume or quantity of similar goods imported into Vietnam and the total volume or quantity of goods originating from countries meeting the above conditions does not exceed 7% of the total volume or quantity of similar goods imported into Vietnam, these countries are excluded from the scope of application of anti-dumping measures.

Thus, the following types of goods are not subject to anti-dumping duty:

- Imported goods with a dumping margin not exceeding 2% of the export price of goods into Vietnam.

- Imported goods originating from a country with a volume or quantity not exceeding 3% of the total volume or quantity of similar goods imported into Vietnam, and the total volume or quantity of goods originating from countries meeting the above conditions does not exceed 7% of the total volume or quantity of similar goods imported into Vietnam, such countries are not subject to anti-dumping measures.