Vietnam: Criteria and form of granting exclusion from trade remedies

Specifically, according to Article 11 of Circular No. 06/2018/TT-BCT of the Ministry of Industry and Trade of Vietnam, the Minister of Industry and Trade shall consider and decide to grant exclusion from trade remedies on products in the circumstances laid down in Clause 1 Article 9 herein on the basis of evaluation reports submitted by the investigating authority.

The investigating authority shall consider and evaluate every request for product exclusion from trade remedies according to the following criteria:

- The trade name, physical properties and chemical properties of the product for which exclusion is requested so as to distinguish it and the product subject to the trade remedies;

- Technical standards of the product for which exclusion is requested;

- The quality of the product for which exclusion is requested;

- The purposes of the product for which exclusion is requested;

- The domestic industry capacity to produce the products that are like or directly competitive with the product for which exclusion is requested;

- The availability of the like or directly competitive products produced by the domestic industry to substitute the product for which exclusion is requested;

- Other criteria as decided by the Minister of Industry and Trade.

Organizations and individuals are exempted from trade remedies according to the volume and quantity of their imports.

View more relevant contents at: Circular No. 06/2018/TT-BCT of the Ministry of Industry and Trade of Vietnam takes effect from June 15, 2018.

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