What is the duration of applying imposition of anti-dumping measures in Vietnam?

Hello, Lawnet would like to answer as follows:

1. How to determine dumped products imported to Vietnam?

According to Article 80 of the Law on Foreign Trade Management 2017, the determination of dumped products imported to Vietnam is prescribed as follows:

- Determine dumped products imported to Vietnam and the dumping margin, including:

+ Determine the comparable price;

+ Determine the prices of exports;

+ Make an equal comparison between the comparable price and the export price and determine the specific dumping margin of product under consideration for each organization or individual producing and exporting the products under consideration (hereinafter referred to as "producer and exporter).

- Determine the material injury or threat of material injury to the domestic industry or the material retardation of establishment of the domestic industry;

- Determine the causal link between the import of dumped products and the material injury or threat of material injury to the domestic industry or the material retardation of establishment of the domestic industry.

- Determine impacts of anti-dumping measures on the economy and society.

2. What is the duration of imposition of anti-dumping measures in Vietnam?

According to Clause 1, Article 81 of the Law on Foreign Trade Management 2017, the duration of imposition of anti-dumping measures is as follows:

- The imposition of provisional anti-dumping duty is decided by the Minister of Industry and Trade according to the preliminary determination provided by the investigating authority. The rate of provisional anti-dumping duty shall not exceed the dumping margin defined in the preliminary determination.

- The provisional anti-dumping duty shall be imposed within 120 days from the days on which the decision on imposition of anti-dumping duty comes into force. In case of the request of an exporter of like products exported to Vietnam, the Minister of Industry and Trade will give an extension of provisional anti-dumping duty up to 60 days.

Thus, the time limit for applying temporary anti-dumping duty is no more than 120 days from the date the decision to apply temporary anti-dumping duty takes effect. At the same time, the maximum duration of temporary anti-dumping duty is 120 initial days + 60 extended days + 180 days.

3. How is anti-dumping duty applied in Vietnam?

According to the provisions of Clause 3 and Clause 4, Article 81 of the Law on Foreign Trade Management 2017, the application of anti-dumping duty is carried out as follows:

- The anti-dumping duty shall be imposed as follows:

+ If the price undertaking prescribed in Clause 2 of Article 81 of the Law on Foreign Trade Management 2017 is not made, after the investigation finishes, the investigating authority will publish the final determination related to the contents of the investigation prescribed in Article 80 of this Law. The final determination provided by the investigating authority and main bases thereof shall be notified to relevant parties of the case via appropriate measures.

+ According to the final determination of the investigating authority, the Minister of Industry and Trade shall decide whether the anti-dumping duty is imposed;

+ The rate of the anti-dumping duty shall not exceed the dumping margin defined in the final determination;

+ The maximum duration of anti-dumping duty is 05 years from the day on which the decision on imposition of anti-dumping duty comes into force, unless it is extended as prescribed in Clause 2 Article 82 of the Law on Foreign Trade Management 2017.

- The retroactivity of the anti-dumping duty shall be specified as follows:

+ If the final determination of the investigating authority show that there is material injury or threat of material injury to the domestic industry, the Minister of Industry and Trade will make a decision on the retroactive imposition of the anti-dumping duty;

+ The anti-dumping duty will be imposed retroactively on imports within 90 days before the provisional anti-dumping duty is imposed if the imports are determined to be dumped and the volume or quantity of dumped products imported to Vietnam rise sharply in the period from the date of the investigation to the date of imposition of provisional anti-dumping duties causing the injury which is difficult to be repaired to the domestic industry.

Thus, the anti-dumping duty can be applied retroactively up to 90 days before the temporary tax is applied, if the statutory conditions are met. The duration of application of the anti-dumping duty is no more than 5 years, unless extended.

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