Vietnam: Registration as interested parties in trade remedy investigations

According to Circular No. 37/2019/TT-BCT of the Ministry of Industry and Trade of Vietnam, after the Minister of Industry and Trade has made a decision to conduct a trade remedy investigation or review the imposition of trade remedies, organizations and individuals prescribed in Clause 1 Article 74 of the Law on Foreign Trade Management of Vietnam may register to participate in the trade remedy investigation as interested parties.

The Ministry of Industry and Trade shall consider determining the time limit for registration as interested parties in each trade remedy investigation provided that it shall not be fewer than 60 working days from the effective date of the Decision on conduct of trade remedy investigation or review of imposition of trade remedies.

Procedures for registration as interested parties in trade remedy investigations are prescribed in Circular No. 37/2019/TT-BCT as follows:

- Organizations and individuals shall prepare applications according to the application form for registration as interested parties in Appendix 01 enclosed herewith and send them to the investigating authority within the time limit specified in the Decision on conduct of trade remedy investigation or review of imposition of trade remedies.

- Upon the receipt of applications for registration as interested parties, except the cases prescribed in Point a, Point d and Point dd Clause 1 Article 74 of the Law on Foreign Trade Management, the investigating authority shall consider whether a party is accepted as an interested party or not within a period of 07 working days. If an application for registration as an interested party is refused, the investigating authority shall provide written reasons for such refusal.

- If applications for registration as an interested party are submitted after the time limit for registration as interested parties in each trade remedy investigation (considered by the Ministry of Industry and Trade), the investigating authority shall consider accepting applicants as interested parties.

Organizations and individuals that are accepted as interested parties shall have rights and obligations defined in Article 9 and Article 10 of Decree No. 10/2018/ND-CP dated January 15, 2018 of Vietnam’s Government on guidelines for the law on foreign trade management on trade remedies.

View more details at Circular No. 37/2019/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from January 15, 2020.

Thu Ba

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