How to calculate countervailing duty in 2024 in Vietnam? Which body has the authority to decide the application of countervailing duties in Vietnam?
How to calculate countervailing duty in 2024 in Vietnam? Which body has the authority to decide the application of countervailing duties in Vietnam?
How to calculate countervailing duty in 2024 in Vietnam?
Pursuant to Article 39 of the Circular 38/2015/TT-BTC (amended by Clause 23 Article 1 of the Circular 39/2018/TT-BTC) stipulating calculation of countervailing duty in 2024 in Vietnam:
(1) Proportional tax:
|
Safeguard duty, anti-dumping duty or countervailing duty |
= |
Practical quantity of each article written on the customs declaration that applies safeguard duty, anti-dumping duty or countervailing duty |
x |
Dutiable value of an item |
x |
Rate of safeguard duty, anti-dumping duty or countervailing duty |
(2) Fixed tax:
|
Safeguard duty, anti-dumping duty or countervailing duty |
= |
Practical quantity of each article written on the customs declaration that applies safeguard duty, anti-dumping duty or countervailing duty |
x |
Safeguard duty, anti-dumping duty or countervailing duty on each item |
Note: Safeguard duty, anti-dumping duty or countervailing duty is imposed upon exports, the values of exports on which excise tax or VAT tax is imposed are inclusive of the safeguard duty, anti-dumping duty or countervailing duty.
How to calculate countervailing duty in 2024 in Vietnam? Which body has the authority to decide the application of countervailing duties in Vietnam? - image from internet
What is the time limit for application of anti-dumping duties in Vietnam?
Pursuant to Article 12 of the Law on export and import duties in 2016 stipulating anti-dumping duties in Vietnam:
Anti-dumping duties
1. Conditions for applying anti-dumping duties:
a) The imports being dumped in Vietnam and the dumping margin must be determined;
b) The dumping causes or threatens to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing.
2. Rules for applying anti-dumping duties:
a) Anti-dumping duty may only be applied to a reasonable extent to prevent or minimize damage to domestic manufacturing;
b) The anti-dumping duties shall be applied after an investigation is carried out and conform to the investigation conclusion as prescribed by law;
c) Anti-dumping duty shall be imposed upon dumped imports in Vietnam;
d) The application of anti-dumping duties must not cause damage to domestic socio-economic interest.
3. Anti-dumping duties shall be applied for a period not exceeding 5 years from the day on which the decision to apply anti-dumping duty takes effect. Such decision may be extended where necessary.
As regulated above, anti-dumping duties shall be applied for a period not exceeding 5 years from the day on which the decision to apply anti-dumping duty takes effect. Such decision may be extended where necessary.
Which body has the authority to decide the application of countervailing duties in Vietnam?
Application of anti-dumping duties, countervailing duties, safeguard duties
1. The application, adjustment, removal of anti-dumping duties, countervailing duties, safeguard duties shall comply with this Law, regulations of law on anti-dumping, anti-subsidy, and safeguard measures.
2. In consideration of duty rates, quantity, or value of goods subject to anti-dumping duties, countervailing duties, or safeguard duties, the declarant shall declare and pay duties in accordance with regulations of law on tax administration.
3. The Ministry of Industry and Trade shall decide the application of anti-dumping duties, countervailing duties, safeguard duties.
4. The Ministry of Finance shall provide for the declaration, collection, payment, and refund of anti-dumping duties, countervailing duties and safeguard duties.
5. Where the interests of Socialist Republic of Vietnam are infringed or violated, pursuant to international treaties, the Government shall propose to the National Assembly other appropriate safeguard duty measures.
As regulated above, the Ministry of Industry and Trade shall decide the application of countervailing duties in Vietnam.
Where the interests of Socialist Republic of Vietnam are infringed or violated, pursuant to international treaties, the Government shall propose to the National Assembly other appropriate safeguard duty measures.
Best regards!
