Regulations on the application of anti-dumping duties, countervailing duties, safeguard duties in Vietnam

Regulations on the application of anti-dumping duties, countervailing duties, safeguard duties in Vietnam (Internet image)

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

1. What are anti-dumping duties, countervailing duties, safeguard duties under the law in Vietnam? 

- Anti-dumping duty means an additional import duty imposed upon dumped imports in Vietnam that cause or threaten to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing.

- Countervailing duty means an additional import duty imposed upon subsidized goods imported into Vietnam that causes or threatens to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing.

- Safeguard duty means an additional import duty that is imposed in case the quantity of goods imported into Vietnam is above the acceptable level and thus causes or threatens to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing.

(Article 4 of the Law on Export and import duties 2016)

2. Application of anti-dumping duties, countervailing duties, safeguard duties in Vietnam

According to Article 15 of the Law on Export and import duties 2016, the application of anti-dumping duties, countervailing duties, safeguard duties in Vietnam is stipulated as follows:

- The application, adjustment, removal of anti-dumping duties, countervailing duties, safeguard duties shall comply with this Law, regulations of law on anti-dumping, anti-subsidy, and safeguard measures.

- In consideration of duty rates, quantity, or value of goods subject to anti-dumping duties, countervailing duties, or safeguard duties, the declarant shall declare and pay duties in accordance with regulations of law on tax administration.

- The Ministry of Industry and Trade shall decide the application of anti-dumping duties, countervailing duties, safeguard duties.

- The Ministry of Finance shall provide for the declaration, collection, payment, and refund of anti-dumping duties, countervailing duties and safeguard duties.

- Where the interests of Socialist Republic of Vietnam are infringed or violated, pursuant to international treaties, the Government shall propose to the National Assembly other appropriate safeguard duty measures.

3. Conditions for applying anti-dumping duties, countervailing duties, safeguard duties in Vietnam

(1) Conditions for applying anti-dumping duties:

- The imports being dumped in Vietnam and the dumping margin must be determined;

- The dumping causes or threatens to cause considerable damage to domestic manufacturing or prevents the formation of domestic manufacturing.

(2) Conditions for applying countervailing duties:

- It is determined that imports are subsidized as prescribed by law;

- The imports cause or threaten to cause considerable damage to domestic manufacturing or prevent the formation of domestic manufacturing.

(3) Conditions for applying safeguard duties:

- The volume, quantity or value of imports drastically increases compared to the volume, quantity, or value of like or directly competitive domestic goods;

- The increase of volume, quantity or value of imports mentioned in Clause a of this Clause causes or threatens to cause considerable damage to domestic manufacturing of like or directly competitive goods or prevents the formation of domestic manufacturing.

(Clause 1, Article 12, 13, 14 of the Law on Export and import duties 2016)

Nguyen Ngoc Que Anh

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