Is it possible to extend the decision to impose anti-dumping duties in Vietnam?

Is it possible to extend the decision to impose anti-dumping duties in Vietnam?

According to Clause 3, Article 12 of the Law on Export and Import Duties 2016, the regulations are as follows:

Anti-dumping Duties

1. Conditions for the imposion of anti-dumping duties:

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

b) The dumping of goods is the cause or threat of causing significant damage to the domestic production industry or hinders the formation of the domestic production industry.

2. Principles for applying anti-dumping duties:

a) Anti-dumping duties are applied only to the extent necessary and reasonable to prevent or limit significant damage to the domestic production industry;

b) The imposion of anti-dumping duties is carried out after an investigation has been conducted, and based on the conclusions of the investigation under legal regulations;

c) Anti-dumping duties are applied to goods dumped into Vietnam;

d) The imposion of anti-dumping duties must not harm domestic socio-economic interests.

3. The period for applying anti-dumping duties shall not exceed 05 years from the effective date of the decision. In necessary cases, the decision to apply anti-dumping duties can be extended.

Thus, the decision to impose anti-dumping duties can be extended if deemed necessary.

Is it possible to extend the decision to impose anti-dumping duties in Vietnam? (Image from the Internet)

Which agency has the authority to decide on the imposion of anti-dumping duties in Vietnam?

According to Clause 3, Article 15 of the Law on Export and Import Duties 2016, the regulations are as follows:

Imposion of Anti-dumping Duties, Countervailing Duties, Safeguard Duties

1. The imposion, amendment, or annulment of anti-dumping duties, countervailing duties, and safeguard duties shall be implemented according to the regulations of this Law and laws on anti-dumping, countervailing, and safeguards.

2. Based on the tax rate, the quantity, or the value of goods subject to anti-dumping duties, countervailing duties, or safeguard duties, the customs declarant is responsible for declaring and paying taxes according to tax management laws.

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

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

5. In cases where the interests of the Socialist Republic of Vietnam are violated or infringed, based on international treaties, the Government of Vietnam reports to the National Assembly to decide on appropriate protective tax measures.

Thus, the Ministry of Industry and Trade is responsible for deciding on the imposion of anti-dumping duties according to legal regulations.

What does the application for imposion of anti-dumping measures include?

According to Article 28 of Decree 10/2018/ND-CP, the application for imposion of anti-dumping measures includes:

- A request for the imposion of anti-dumping measures.

- Relevant documents and materials.

The request for the imposion of anti-dumping measures must include the following contents:

(1) Name, address, and other necessary information of the organization or individual representing the domestic production industry;

(2) Information, data, evidence to determine the representative of the domestic production industry, including a list of domestic organizations and individuals producing similar goods; volume, quantity of similar goods produced by the organizations and individuals mentioned;

(3) Name, address of organizations and individuals producing similar goods supporting or opposing the case;

(4) Descriptive information about the imported goods requested for anti-dumping investigation, including scientific name, trade name, common name; composition; basic physical and chemical characteristics; production process; main usage; international and Vietnamese standards; goods code according to the Vietnam Export, Import Goods Catalog and applicable import tax rate according to the export, import tariff at each period;

(5) Descriptive information about similar goods of the domestic production industry, including scientific name, trade name, common name; basic physical and chemical characteristics; main usage; production process; international and Vietnamese standards;

(6) Information about the volume, quantity, and value of imported goods stipulated in point d of this clause during the 12 months before submitting the Dossier;

(7) Information about the volume, quantity, and value of similar goods of the domestic production industry stipulated in (5) during the 12 months before submitting the Dossier, except in cases where the domestic production industry has been in operation for less than 12 months;

(8) Information on the ordinary price and export price of goods as described in point d of this clause; the dumping margin of the imported goods requested for anti-dumping investigation;

(9) Information, data, evidence of significant damage or threat of significant damage or significant hindrance to the formation of the domestic production industry;

(10) Information, data, evidence of the causal relationship between the import of goods stipulated at point d of this clause and significant damage or threat of significant damage or significant hindrance to the formation of the domestic production industry;

(11) Information about the exporting or originating countries of the goods requested for anti-dumping investigation, including a specific list of foreign manufacturers, exporters, and importers;

(12) Specific request for the imposion of anti-dumping measures, the duration of imposion, and the extent of imposion.