What are the principles of assistance when Vietnamese goods are subject to trade remedy investigation by the importing country?
- What are the principles of assistance when Vietnamese goods are subject to trade remedy investigation by the importing country?
- How to assist in cases in which Vietnamese traders are subject to countervailing measure investigation?
- Are legal consultancy services used to assist in cases in which Vietnamese exports are subject to trade remedies?
- Does the People's Committee have the responsibility to participate in the process of assisting Vietnamese traders subject to trade remedy investigation?
What are the principles of assistance when Vietnamese goods are subject to trade remedy investigation by the importing country?
According to the provisions of Article 84 of Decree 10/2018/ND-CP of Vietnam, the principles of assistance when Vietnamese traders are subject to trade remedy investigation by the importing country are as follows:
- Assistance for Vietnamese traders subject to trade remedy investigation as specified in Article 76 of the Law on foreign trade management shall be carried out on the basis of the written requests of relevant traders and trade associations.
- The initiation of a lawsuit against importing countries specified in Article 90 of this Decree shall be carried out by the Ministry of Industry and Trade on the basis of collected information and after the coordination and exchange with the ministries, ministerial agencies and other competent agencies, shall be reported to the Prime Minister and be approved the plan of lawsuit.
- The Ministry of Finance shall ensure the particular budget for trader assistance in accordance with Article 76 of the Law on foreign trade management.
- Assisting activities to ensure the legitimate rights and interests of Vietnamese traders shall comply with the provisions of Vietnamese law and international agreements to which the Socialist Republic of Vietnam is a party.
In particular, assistance for Vietnamese traders subject to trade remedy investigation specified in Article 76 of the 2017 Law on Foreign Trade Management of Vietnam is specified as follows:
The Ministry of Industry and Trade will take charge and cooperate with Ministries, ministerial authorities and competent authorities in the provision of the following assistance for the trader within its duties and powers:
- Provide the information related to the case;
- Negotiate with the import country that is conducting the trade remedy investigation into Vietnamese exports;
- Sue the import country for the violations of relevant international treaties to which the Socialist Republic of Vietnam is a signatory if any;
- Provide other aids in accordance with regulations of law.
What are the principles of assistance when Vietnamese goods are subject to trade remedy investigation by the importing country?
How to assist in cases in which Vietnamese traders are subject to countervailing measure investigation?
Pursuant to Article 88 of Decree 10/2018/ND-CP of Vietnam, the Ministry of Industry and Trade shall establish a plan to cooperate with relevant authorities of the importing country as follows:
- Conduct consultation with the foreign investigating authority on accused subsidy programs of Vietnam;
- Provide information and documents related to the accused subsidy programs of Vietnam at the request of the foreign investigating authority in accordance with regulations of effective laws;
- Cooperate with the foreign investigating authority in site investigation of the accused subsidy programs of Vietnam;
- Other appropriate activities.
Are legal consultancy services used to assist in cases in which Vietnamese exports are subject to trade remedies?
Pursuant to Article 88 of Decree 10/2018/ND-CP of Vietnam stipulating as follows:
Use of legal consultancy services
1. The Ministry of Industry and Trade shall consider using legal consultancy services during the implementation of the provisions of Article 76 of the Law on Foreign Trade Management. Ministries and ministerial agencies shall coordinate with the Ministry of Industry and Trade in selecting legal consultancy services at the written requests of the Ministry of Industry and Trade.
2. The Ministry of Industry and Trade shall stipulate the criteria for selecting appropriate legal consultancy services.
3. The Ministry of Finance shall ensure the particular budget for use of legal consultancy services in assistance for traders in accordance with Article 76 of the Law on foreign trade management.
Thus, when assisting in cases in which exports of Vietnam are subject to trade remedies, the Ministry of Industry and Trade shall consider using legal consultancy services during the implementation.
Does the People's Committee have the responsibility to participate in the process of assisting Vietnamese traders subject to trade remedy investigation?
According to the provisions of Clause 1, Article 93 of Decree No. 10/2018/ND-CP of Vietnam, the coordination mechanism between regulatory bodies, trade associations and traders is based on the following principles:
- The Ministry of Industry and Trade shall take charge and coordinate with ministries, ministerial agencies, provincial People's Committees, other competent regulatory bodies and concerned organizations and individuals in the assistance for traders in accordance with Article 76 of the Law on Foreign Trade Management;
- Ministries, ministerial agencies, provincial People's Committees, other competent regulatory bodies and relevant organizations, individuals shall be responsible for the information, documents and evaluation opinions provided to the Ministry of Industry and Trade during the handling of trade remedies applied to Vietnamese exports.
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