Vietnam: In which cases will the trade remedy investigations be terminated according to current regulations?
In which cases will the trade remedy investigations be terminated?
Pursuant to Article 71 of the 2017 Law on Foreign Trade Management in Vietnam stipulating as follows:
Termination of trade remedy investigations in Vietnam
The Minister of Industry and Trade of Vietnam shall decide to terminate the investigation in the following cases:
1. The applicant voluntarily withdraws the application;
2. The preliminary determination of the investigating authority shows that there is no injury or threat of injury to the domestic industry or material retardation of establishment of the domestic industry;
3. The final determination of the investigating authority obtains one of the following contents:
a) The product under consideration imported to Vietnam is not dumped, subsidized or imported excessively;
b) There is no injury to the domestic industry prescribed in Clause 2 of Article 69 of this Law;
c) There is no objective evidence of the existence of a causal link between the dumping on imports, import subsidies and the surge of imports and the injury or threat of injury to domestic industry or the material retardation of the establishment of the domestic industry;
4. The investigating authority reaches an agreement with the competent authority of the country which is accused of granting subsidies to its products imported to Vietnam on removing the abovementioned subsidies.
Thus, the trade remedy investigation will be terminated in the above cases.
Vietnam: In which cases will the trade remedy investigations be terminated according to current regulations?
What are the procedures for consultation during trade remedy investigations in Vietnam?
Pursuant to Article 70 of the 2017 Law on Foreign Trade Management in Vietnam stipulating as follows:
Procedures for trade remedy investigations
1. An organizations or individual representing a domestic industry may submit a request for applying the trade remedy if it is found that the domestic industry is injured caused by dumping on imports, import subsidies or a surge in imports.
2. Within 45 days from the day on which the valid application is notified, the Minister of Industry and Trade of Vietnam shall decide whether the investigation is conducted according to the authority investigating trade remedies (hereinafter referred to as “investigating authority”). In some special cases, the time limit for the issuance of decision may receive a possible extension up to 30 days.
3. The time limit for the investigation is specified as follows:
a) Anti-dumping and countervailing investigations shall be completed in 12 months from the day on which the decision on investigation is issued. In some special cases, the Minister of Industry and Trade of Vietnam may extent the time limit for investigation but the total time limit shall be 18 months;
b) The safeguard investigation shall be completed in 09 months from the day on which the decision on investigation is issued. In some special cases, the Minister of Industry and Trade of Vietnam may extent the time limit for investigation but the total time limit shall be 12 months;
4. The consultation during the investigation shall be carried out as follows:
a) During the investigation, interested parties of the investigated case (hereinafter referred to as “interested party”) may send the investigating authority the information and opinions related to the cases in writing;
b) The inspecting authority shall give an opportunity to interested parties for the consultation in case of the written request as prescribed in Point a of this Clause;
c) Before the final determination of investigation is disclosed, the investigating authority can organize the public consultation in manner that interested parties can present information and opinions related to the case.
5. The responsibility for the notification is specified as follows:
a) Within 15 days from the day on which the Minister of Industry and Trade of Vietnam issues the decision on anti-dumping or countervailing investigation, the investigating authority shall notify the Governments of the countries of relevant producers and exporters and other interested parties of the investigation;
b) The investigating authority shall give a public notice of the preliminary determination and final determination of the investigation, the acceptance of price undertakings and the termination of the investigation to interested parties.
c) The investigating authority shall fulfill other notification obligations according to regulations of international treaties to which the Socialist Republic of Vietnam is a signatory;
According to the above provisions, the consultation during the investigation shall be carried out as follows:
- During the investigation, interested parties of the investigated case (hereinafter referred to as “interested party”) may send the investigating authority the information and opinions related to the cases in writing;
- The inspecting authority shall give an opportunity to interested parties for the consultation in case of the written request as prescribed in Point a of this Clause;
- Before the final determination of investigation is disclosed, the investigating authority can organize the public consultation in manner that interested parties can present information and opinions related to the case.
How many trade remedies are there?
Pursuant to Clause 1, Article 67 of the 2017 Law on Foreign Trade Management in Vietnam stipulating as follows:
Trade remedies
1. Trade remedies include anti-dumping measure, countervailing measure and safeguard measure that are imposed on imports of Vietnam by the Minister of Industry and Trade of Vietnam in each specific case.
Thus, currently applied trade remedies include:
- Anti-dumping measures
- Countervailing measures
- Safeguard measures.
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