Vietnam: Imposition of anti-dumping duty and provisional countervailing duty

Specifically, according to Article 37 of Decree No. 10/2018/ND-CP of Vietnam’s Government, the imposition of temporary anti-dumping tax, countervailing tax, tax rate, the tax imposition time limit and the extension of the tax imposition time limit shall comply with the regulations specified in Clause 1 Article 81 and Clause 1 Article 89 of the Law on Foreign Trade Management of Vietnam.

The decision on imposition of temporary anti-dumping tax and countervailing tax includes the following contents:

- Description of the imports subject to imposition of anti-dumping tax and countervailing tax, including names, basic characteristics and main purpose, codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to current export tariff and import tariff;

- Names, addresses and other necessary information of producers and exporters of goods subject to imposition of temporary anti-dumping and countervailing tax;

- Name of the country producing and exporting goods subject to imposition of anti-dumping tax and countervailing tax;

- Temporary anti-dumping tax and countervailing tax rates;

- Effective date and duration of the imposition of temporary anti-dumping tax and countervailing tax;

- Procedures and dossiers for examination and imposition of temporary anti-dumping tax and countervailing tax.

The temporary anti-dumping tax and countervailing tax shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade.

In case the temporary anti-dumping tax, countervailing tax are imposed at a lower rate compared to the dumping margin/level of subsidies in the preliminary conclusion or in case the exporting organizations and individuals of goods under consideration imported into Vietnam request for extension of the imposition of temporary anti-dumping tax, countervailing tax and the volume and quantity of goods under consideration of the requesting exporters account for a considerable proportion of the total volume and quantity of goods under consideration imported into Vietnam, The Minister of Industry and Trade may extend the period of imposition of temporary anti-dumping tax and countervailing tax, but the extension shall not exceed 60 days.

View relevant provisions at: Decree No. 10/2018/ND-CP of Vietnam’s Government takes effect from January 15, 2018.

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