How to deal with the cases in which the Vietnamese exports are subject to trade remedy investigation?
- How to deal with the cases in which the Vietnamese exports are subject to trade remedy investigation?
- What are the regulations on preparation of the plan for requesting compensation and retaliation in cases where Vietnamese traders are subject to trade remedy investigation?
- What are the principles for assistance for Vietnamese traders subject to trade remedy investigation?
How to deal with the cases in which the Vietnamese exports are subject to trade remedy investigation?
According to the provisions of Article 76 of the 2019 Law on Foreign Trade Management in Vietnam on dealing with cases in which the Vietnamese exports are subject to trade remedy investigation as follows:
- If a Vietnamese trader is subject to trade remedy investigation, at the request of the relevant association or trader, 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.
- If a Vietnamese trader is subject to countervailing duty investigation of the import country, the Ministry of Industry and Trade will take charge and cooperate with Ministries, ministerial authorities and People’s Committee of the province in formulating the measure for the cooperation with the foreign investigating authority in accordance with regulations of international treaties to which the Socialist Republic of Vietnam is a signatory.
- If a Vietnamese trader is subject to safeguard investigation of the import country, the Ministry of Industry and Trade will take charge and cooperate with relevant Ministries, ministerial and organizations and individuals in formulating the measure for requesting the compensation and taking retaliatory actions in accordance with regulations of international treaties to which the Socialist Republic of Vietnam is a signatory.
How to deal with the cases in which the Vietnamese exports are subject to trade remedy investigation? (Image from the Internet)
What are the regulations on preparation of the plan for requesting compensation and retaliation in cases where Vietnamese traders are subject to trade remedy investigation?
According to the provisions of Article 89 of Decree No. 10/2018/ND-CP on preparation of the plan for requesting compensation and retaliation in cases where Vietnamese traders are subject to trade remedy investigation as follows:
- The Ministry of Industry and Trade shall take charge and coordinate with concerned ministries, ministerial agencies and organizations and individuals in preparing the plan for requesting compensation under international agreements to which the Socialist Republic of Vietnam is a party and submit it to the Prime Minister for approval.
- The Ministry of Industry and Trade shall take charge and consult with concerned authorities of the importing country on the approved plan for requesting compensation approved in Clause 1 of this Article and issue the decision on specific implementation of the plan
- If the Government of Vietnam and the Government of the importing country cannot reach an agreement on compensation, the Ministry of Industry and Trade shall take charge, coordinate with concerned ministries, ministerial agencies, organizations and individuals in preparing a retaliation plan under international agreements to which the Socialist Republic of Vietnam is a party and report it to the Prime Minister for approval and promulgation of the decision on implementation of the approved retaliation plan.
- Procedures for carrying out the request for compensation and retaliation shall comply with the provisions of Vietnamese law and international agreements to which the Socialist Republic of Vietnam is a party.
What are the principles for assistance for Vietnamese traders subject to trade remedy investigation?
According to the provisions of Article 84 of Decree No. 10/2018/ND-CP on this content 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 in Vietnam.
- 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.
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