What measures are included in trade remedies in Vietnam? In what cases are the trade remedy duties returned?
What measures are included in trade remedies in Vietnam?
Pursuant to Article 67 of the 2017 Law on Foreign Trade Management of Vietnam on trade remedies as follows:
Trade remedies in Vietnam
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 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, trade remedies include anti-dumping measure, countervailing measure and safeguard measure.
What measures are included in trade remedies in Vietnam? In what cases are the trade remedy duties returned?
In what cases are the trade remedy duties returned?
Pursuant to Article 68 of the 2017 Law on Foreign Trade Management of Vietnam stipulating as follows:
Principles for the imposition of trade remedies
1. 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.
2. 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.
3. Decisions on the investigation and the imposition of trade remedies shall be published.
4. 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.
5. 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.
6. 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, trade remedy duties shall be returned in the following cases:
- 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.
Will interest be charged when returning trade remedy duties?
Pursuant to Article 6 of Decree 10/2018/ND-CP of Vietnam stipulating the return of trade remedy duties as follows:
Return of trade remedy duties
1. The return of trade remedies duty shall comply with the regulations specified in Clause 5 and 6 Article 68 of the Law on foreign trade management.
2. The duty rates of trade remedies returned in accordance with Clause 1 this Article shall be interest-free.
3. Procedures for return of duty of a trade remedy shall be carried out similarly to the procedures for refund of overpaid import tax in accordance with law provisions on tax management.
Thus, the duty rates of trade remedies returned shall be interest-free.
Nguyễn Thị Hồng Nhung
