Legal Counselling

Vietnam: Application of anti-dumping and countervailing measures according to EVFTA

11:30, 04/12/2020

This is a notable content of the Circular No. 30/2020/TT-BCT providing guidelines for implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union regarding trade remedies, isssued by the Minister of Industry and Trade of Vietnam on November 26, 2020.

chống bán phá, chống trợ cấp, Thông tư 30/2020/TT-BCT

According to the Circular No. 30/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, anti-dumping and countervailing measures are specified as follows:

1. Consideration of socio-economic interests

- The Ministry of Industry and Trade of Vietnam shall decide not to impose the anti-dumping or countervailing measures where, on the basis of the information made available during the investigation, the investigating authority clearly concludes that it is not in the socio-economic interests to apply such measures.

- In determining the socio-economic interests, the investigating authority shall take into account the situation of the domestic industry, importers and their representative associations, representative users and representative consumer organizations, based on the relevant information provided to it.

2. Lesser duty rule

- An anti-dumping duty or countervailing duty imposed shall not exceed the margin of dumping or countervailable subsidy.

- Based on conclusions given by the investigating authority, the Ministry of Industry and Trade of Vietnam shall consider imposing an amount of anti-dumping duty or countervailing duty lesser than the margin of dumping or countervailable subsidy if such lesser duty would be adequate to remove the injury to the domestic industry.

View more details at the Circular No. 30/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from January 15, 2021.

Thuy Tram

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