Is anti-dumping duty an import duty in Vietnam?

Is anti-dumping duty an import duty in Vietnam?

Based on Clause 5, Article 4 of the 2016 Law on Export and Import duties, anti-dumping duty is regulated as a supplementary import duty applied in cases where goods are dumped into Vietnam, causing or threatening to cause significant damage to domestic production, or preventing the formation of domestic production industries.

Thus, according to the above regulation, the anti-dumping duty is indeed a supplementary import duty.

Is anti-dumping duty an import duty in Vietnam? (Image from the Internet)

What consequences does dumping of goods cause in Vietnam?

According to Article 12 of the 2016 Law on Export and Import duties, the regulations on anti-dumping duty are 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) The dumping of goods causes or threatens to cause significant damage to domestic production or prevents the formation of domestic production industries.

2. Principles of Applying anti-dumping duty:

a) anti-dumping duty is applied only to the necessary and reasonable extent to prevent or minimize significant damage to domestic production;

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

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

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

3. The duration of applying anti-dumping duty shall not exceed 05 years from the effective date of the decision. In necessary cases, the application of anti-dumping duty may be extended.

According to the above regulation, the conditions for applying anti-dumping duty include:

+ Imported goods are dumped in Vietnam and the dumping margin must be specifically determined.

+ The dumping of goods causes or threatens to cause significant damage to domestic production or prevents the formation of domestic production industries.

The application of anti-dumping duty must adhere to the following principles:

+ anti-dumping duty is applied only to the necessary and reasonable extent to prevent or minimize significant damage to domestic production;

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

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

+ The application of anti-dumping duty must not cause harm to domestic socio-economic interests.

The duration of applying anti-dumping duty shall not exceed 05 years from the effective date of the decision. In necessary cases, the application of anti-dumping duty may be extended.

Thus, it can be seen that the dumping of goods causes or threatens to cause significant damage to domestic production or prevents the formation of domestic production industries.

Which authority has the power to apply anti-dumping duty in Vietnam?

According to Article 15 of the 2016 Law on Export and Import duties, the regulation on the application of anti-dumping duty, countervailing duty, and safeguard duty is as follows:

Application of anti-dumping duty, Countervailing Duty, and Safeguard Duty

1. The application, modification, and removal of anti-dumping duty, countervailing duty, and safeguard duty are implemented according to this Law and laws on anti-dumping, countervailing, and safeguards.

2. Based on the duty rate, quantity, or value of goods subject to anti-dumping duty, countervailing duty, and safeguard duty, the customs declarant is responsible for declaring and paying duty as prescribed by the law on duty administration.

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

4. The Ministry of Finance regulates the declaration, collection, payment, and reimbursement of anti-dumping duty, countervailing duty, and safeguard duty.

5. In cases where the interests of the Socialist Republic of Vietnam are harmed or violated, based on international treaties, the Government of Vietnam shall report to the National Assembly to decide on the application of other appropriate safeguard duty measures.

Thus, the Ministry of Industry and Trade has the authority to decide on the application of anti-dumping duty. The Ministry of Finance regulates the declaration, collection, payment, and reimbursement of anti-dumping duty.

*Note: In cases where the interests of the Socialist Republic of Vietnam are harmed or violated, based on international treaties, the Government of Vietnam shall report to the National Assembly to decide on the application of other appropriate safeguard duty measures.