What does a dossier on request for exclusion from trade remedies in Vietnam include?

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1. What does a dossier on request for exclusion from trade remedies in Vietnam include?

Dossier on request for exclusion from trade remedies in Vietnam is specified in Article 14 of Circular 37/2019/TT-BCT specifically:

- A request for exclusion from trade remedies (hereinafter referred to as the “exclusion request”) includes the following documents:

+ A written request for exclusion from trade remedies made according to the form stated in the Appendix III enclosed herewith;

+ A copy of the enterprise’s certificate of business registration or investment certificate;

+ Description of the good for which the exclusion request is submitted, including scientific name, trade name, common name; basic physical and chemical properties; main uses; production process; applicable international and domestic standards and/or regulations; HS code according to Vietnam’s nomenclature of exports and imports;

+ The document stating information about the volume, quantity and value of the imported good for which the exclusion request is submitted (in the last 03 years and in current year);

+ The written production process of the product of which input material is the good for which the exclusion request is submitted;

+ The demand for consumption or use of the imported good for which the exclusion request is submitted (in the past 03 years and in the current year);

+ The prescribed or estimated level of consumption of raw material which is the good for which the exclusion request is submitted;

+ Documents or samples proving the difference between the good for which the exclusion request is submitted and the like or directly competitive products produced by the domestic industry;

+ The document stating information about the production line and output of the good for which the exclusion request is submitted in the past 03 years and those in the current year;

+ Documents proving the demand for use of the quantity of good for which the exclusion request is submitted, including contracts signed with customers, written approvals for in-progress projects or other relevant documents.

- If an organization or individual submits an additional exclusion request to the investigating authority as prescribed in Clause 4 Article 16 of Circular 37/2019/TT-BCT, the additional exclusion request includes:

+ A written request for (additional) exclusion from trade remedies made according to the form stated in the Appendix III enclosed herewith;

+ A copy of the import quantity monitoring sheet of the good granted exclusion given by the customs authority;

+ The report on inventory of the product granted the exclusion;

+ The report on the production of goods of which the input material is the good granted exclusion;

+ The production plan for the following year, contracts signed and to be performed or other necessary information/documents.

- Based on the exclusion request or the additional exclusion request, the investigating authority shall appraise the received request and request the Minister of Industry and Trade to issue the decision on exclusion from trade remedies or the decision on additional exclusion.

Dossier on request for exclusion from trade remedies: Download

2. Notice of acceptance of exclusion requests for exclusion from trade remedies in Vietnam

According to the provisions of Article 15 of Circular 37/2019/TT-BCT, the notice of acceptance of exclusion requests for exclusion from trade remedies in Vietnam are as follows:

- The investigating authority shall make notice of acceptance of exclusion request:

+ after the Ministry of Industry and Trade has issued a decision on imposition of provisional trade remedies;

+ after the Ministry of Industry and Trade has issued a decision on imposition of official trade remedies;

+ in March and September every year.

- In case of changes in trade remedies, they must be promptly informed by the investigating authority to requesters for exclusion so that they can formulate their own suitable business plans.

- Within 30 days from the date on which the investigating authority gives notice of acceptance of exclusion request, the requester for exclusion must submit the exclusion requests as prescribed in Article 14 of Circular 37/2019/TT-BCT to the investigating authority, except the case specified in Article 4 of Article 15 of Circular 37/2019/TT-BCT or other cases regulated by the Ministry of Industry and Trade.

- If an organization or individual whose good is granted exclusion wishes to request for additional exclusion, it/he/she must submit the additional exclusion request to the investigating authority.

- Within 15 working days from the receipt of the request for additional information from the investigating authority, the requester for exclusion is liable to provide sufficient and accurate information as requested.

Thus, individuals and organizations requesting exemption from trade remedies need to prepare complete documents and will be notified by the Trade Remedies Department of the deadline for receiving exemption documents after the Ministry of Industry and Trade issues a decision to apply temporary or official trade remedies, which is periodically notified in March and September every year.

In addition, the steps for receiving, processing, and supplementing exemption documents are regulated by specific deadlines by the Trade Remedies Department.

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