What trade remedies are there currently? Who has the authority to impose trade remedies in Vietnam?
What trade remedies are there currently? Who has the authority to impose trade remedies in Vietnam?
Pursuant to 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 in each specific case.
2. The Government shall provide detailed regulations on determining the injury to domestic industry; taking action against evasion of trade remedies; bases for the conduction, procedures, time limit, contents and bases for the termination of trade remedy investigation (hereinafter referred to as “investigation”); the imposition and review of trade remedies; determining subsidies and countervailing measures; the responsibility for cooperating of relevant authorities during the investigation and dealing with the trade remedies imposed on the Vietnamese exports.
3. The Minister of Industry and Trade of Vietnam shall provide detailed regulations on interested parties of investigated cases, the provision of information, documents and information security; language used during the investigation; the management of imports subject to the investigation, trade remedies and the exemption from trade remedies.
According to the above regulations, currently there are trade remedies as follows:
- Anti-dumping measures
- Countervailing measures
- Safeguard measures.
Trade remedies will be decided by the Minister of Industry and Trade of Vietnam to impose upon goods imported into Vietnam on a case-by-case basis.
What trade remedies are there currently? Who has the authority to impose trade remedies in Vietnam?
What are the principles for the imposition of trade remedies in Vietnam?
Pursuant to Article 68 of the 2017 Law on Foreign Trade Management, the principles for imposition of trade remedies in Vietnam are as follows:
- The trade remedies shall only be imposed within the reasonable scope and level for a certain period of time to protect domestic industry, prevent or limit the injury to it.
- The trade remedies shall only be imposed after the investigation is carried out transparently and fairly in accordance with regulations of law and based on determinations of the investigation.
- Decisions on the investigation and the imposition of trade remedies shall be published.
- If the duty rate of an official trade remedy is higher than those of a provisional trade remedy, the difference of duty will not be collected.
- If the duty rate of an official trade remedy is lower than those of the provisional trade remedy, the difference of duty will be returned.
- If the Minister of Industry and Trade does not impose an official trade remedy, the duty of provisional trade remedy that has been collected or the amount for ensuring the payment of temporary trade remedy duties shall be returned.
Thus, the imposition of trade remedies must comply with the above six principles.
What are the regulations on the time limit for carrying out procedures for exemption from trade remedies in Vietnam?
Pursuant to Article 7 of Decree No. 10/2018/ND-CP stipulating as follows:
Exemption from trade remedies in Vietnam
1. The Ministry of Industry and Trade shall review and exempt trade remedies through exemption applied to a number of goods on the principle that it does not affect the overall effectiveness of trade remedies.
2. Organizations and individuals shall submit an application for exemption of trade remedies (hereinafter referred to as exemption dossier) using the form promulgated by the investigating authority to the Ministry of Industry and Trade for reviewing and exempting trade remedies.
3. Within 07 working days from the receipt of the exemption dossier, the investigating authority shall notify the organization/individual on the adequacy and validity of the exemption dossier. If the exemption dossier is not adequate or valid, the investigating authority shall request the supplementation from the organization/individual.
4. Within 45 days from the receipt of the satisfactory exemption dossier, the Ministry of Industry and Trade shall review and exempt trade remedies. If the dossier is rejected, the investigating shall send the organization/individual a written notification containing the explanation.
5. If the organization or individual exempted from trade remedies does not comply with the regulations and conditions for exemption, the Ministry of Industry and Trade may revoke the decision on exemption of trade remedies and notify the customs authority in accordance with law provisions.
6. The Minister of Industry and Trade shall provide specific guidance on cases exempted from trade remedies.
Thus, within 45 days from the receipt of the satisfactory exemption dossier, the Ministry of Industry and Trade shall review and exempt trade remedies.
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