Procedures for trade remedy investigations in Vietnam

Procedures for trade remedy investigations in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Procedures for trade remedy investigations in Vietnam

Procedures for trade remedy investigations according to Article 70 of the Law on Foreign Trade Management 2017 are as follows:

-  An organizations or individual representing a domestic industry may submit a request for applying the trade remedy if it is found that the domestic industry is injured caused by dumping on imports, import subsidies or a surge in imports.

- Within 45 days from the day on which the valid application is notified, the Minister of Industry and Trade shall decide whether the investigation is conducted according to the authority investigating trade remedies (hereinafter referred to as “investigating authority”). In some special cases, the time limit for the issuance of decision may receive a possible extension up to 30 days.

- The time limit for the investigation is specified as follows:

+ Anti-dumping and countervailing investigations shall be completed in 12 months from the day on which the decision on investigation is issued. In some special cases, the Minister of Industry and Trade may extent the time limit for investigation but the total time limit shall be 18 months;

+ The safeguard investigation shall be completed in 09 months from the day on which the decision on investigation is issued. In some special cases, the Minister of Industry and Trade may extent the time limit for investigation but the total time limit shall be 12 months;

- The consultation during the investigation shall be carried out as follows:

+ During the investigation, interested parties of the investigated case (hereinafter referred to as “interested party”) may send the investigating authority the information and opinions related to the cases in writing;

+ The inspecting authority shall give an opportunity to interested parties for the consultation in case of the written request as prescribed in Point a of this Clause;

+ Before the final determination of investigation is disclosed, the investigating authority can organize the public consultation in manner that interested parties can present information and opinions related to the case.

- The responsibility for the notification is specified as follows:

+ Within 15 days from the day on which the Minister of Industry and Trade issues the decision on anti-dumping or countervailing investigation, the investigating authority shall notify the Governments of the countries of relevant producers and exporters and other interested parties of the investigation;

+ The investigating authority shall give a public notice of the preliminary determination and final determination of the investigation, the acceptance of price undertakings and the termination of the investigation to interested parties.

+ The investigating authority shall fulfill other notification obligations according to regulations of international treaties to which the Socialist Republic of Vietnam is a signatory;

2. Principles for the imposition of trade remedies in Vietnam

Principles for the imposition of trade remedies according to Article 68 of the Law on Foreign Trade Management 2017 are as follows:

- The trade remedies shall only be imposed within the reasonable scope and level for a certain period of time to protect domestic industry, prevent or limit the injury to it.

- The trade remedies shall only be imposed after the investigation is carried out transparently and fairly in accordance with regulations of law and based on determinations of the investigation.

- Decisions on the investigation and the imposition of trade remedies shall be published.

- If the duty rate of an official trade remedy is higher than those of a provisional trade remedy, the difference of duty will not be collected.

- If the duty rate of an official trade remedy is lower than those of the provisional trade remedy, the difference of duty will be returned.

- If the Minister of Industry and Trade does not impose an official trade remedy, the duty of provisional trade remedy that has been collected or the amount for ensuring the payment of temporary trade remedy duties shall be returned.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE