Vietnam: Information of application form for imposition of a bilateral safeguard measures

This is the main content regulated in 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.

Áp dụng biện pháp tự vệ song phương theo EVFTA, Thông tư 30/2020/TT-BCT

According to Clause 2 Article 7 of the Circular No. 30/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, the application form for imposition of a bilateral safeguard measures prepared according to Clause 2 Article 47 of Decree No. 10/2018/ND-CP must include the following information:

- Name, address and other necessary information of the representative of the domestic industry;

- Information, figures and evidences used for determining the representative of the domestic industry, including the list of producers of the like or directly competitive good; amount, quantity of the like or directly competitive good manufactured by those producers;

- Name, address of producers of the like good supporting or opposing the case;

- Description of the imported good applying the most-favored-nation rate of customs duty under the Agreement and subject to the investigation for imposition of the safeguard measure, including scientific name, commercial name, common name, composition, physical and chemical properties, main uses, production process, applied international and Vietnamese standards and/or regulations, HS code and the most-favored-nation applied rate of customs duty in effect as specified in the special preferential import tariff schedule for implementation of the Agreement;

- Description of the like or directly competitive good of the domestic industry, including scientific name, commercial name, common name, physical and chemical properties, main uses, production process, applied international and Vietnamese standards and/or regulations;

- Information relating to amounts, quantities and values of the imported good as prescribed in Point d of this Clause within the 03-year period before submitting the application, including at least 06 months after the Agreement comes into force;

- Information relating to amounts, quantities and values of the like or directly competitive goods produced by the domestic industry as prescribed in Point dd of this Clause within the 03-year period before submitting the application, including at least 06 months after the Agreement comes into force. If the operating duration of the domestic industry is less than 03 years, the submitted data shall include the entire operating duration of the domestic industry by the time of submission of the Application;

- Information, figures and evidences about the serious injury or threat of serious injury to the domestic industry;

- Information, figures and evidences about the causal link between the imported good and the serious injury or threat of serious injury to the domestic industry;

- Specific request for application of the safeguard measure, duration and level of the safeguard measure.

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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