Law on Foreign Trade Management, Law No. 05/2017/QH14

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ATTRIBUTE Law on Foreign Trade Management

Law No. 05/2017/QH14 dated June 12, 2017 of the National Assembly on Foreign Trade Management
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:05/2017/QH14Signer:Nguyen Thi Kim Ngan
Type:LawExpiry date:Updating
Issuing date:12/06/2017Effect status:
Known

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Fields:Commerce - Advertising , Foreign affairs

SUMMARY

Conditions for anti-dumping measures

 

This is one of the important contents prescribed at the Law on Foreign Trade Management No. 05/2017/QH14 passed by the National Assembly on June 12, 2017.

Accordingly, anti-dumping measures shall be applied to imports when the conditions are fully met imports into Vietnam are dumped with a specified dumping margin, a domestic industry suffers material injury or is threatened to suffer material injury or its formation is impeded; there exists a causal relationship between the import of dumped goods and the injury caused to a domestic industry.

No anti-dumping measures shall be applied to imports with a dumping margin not exceeding 2% of their export prices to Vietnam. If the volume or quantity of imports originating from a country does not exceed 3% of the total volume or quantity of similar imports into Vietnam and the aggregate volume or quantity of goods originating from countries that satisfy the above condition does not exceed 7% of the total volume or quantity of similar imports into Vietnam, these countries will be excluded from the scope of application of anti-dumping measures.

Also in accordance with this Law, after 1 year from the date of issuance of a decision on application of anti-dumping measures, the Minister of Industry and Trade may decide to review the application of these measures at the request of one or more than one related party in the investigated case and after considering the evidence provided by the requester.

This Law takes effect on January 01, 2018.
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Effect status: Known

THE PRESIDENT
 
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 02/2017/L-CTN
 
Hanoi, June 22, 2017
 
ORDER
On the promulgation of law[1]
 
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;
Pursuant to Article 80 of the Law on Promulgation of Legal Documents,
 
PROMULGATES:
The Law on Foreign Trade Management,
Which was passed on June 12, 2017, by the XIVth National Assembly of the Socialist Republic of Vietnam at its 3rd session.
President of the Socialist Republic of Vietnam
TRAN DAI QUANG

 

THE NATIONAL ASSEMBLY
 
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 05/2017/QH14
 
 
 
LAW
On Foreign Trade Management[2]
 
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law on Foreign Trade Management.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Law prescribes measures to manage foreign trade and develop foreign trade activities; and settlement of disputes about application of foreign trade management measures.
Article 2. Subjects of application
1. State management agencies.
2. Traders engaged in foreign trade activities.
3. Other related domestic and foreign organizations and individuals.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Foreign trade activities means activities of international goods purchase and sale which are carried out in the forms of export and import; temporary import for re-export; temporary export for re-import; border-gate transfer; and transit, and other activities related to international goods purchase and sale in accordance with law as well as treaties to which the Socialist Republic of Vietnam is a contracting party.
2. Technical measures means measures applied to exports and imports in accordance with the laws on product and goods quality, standards and technical regulations, food safety, and measurement.
3. Quarantine measures include measures of quarantine of animals and animal products, quarantine of plants, and border health quarantine as prescribed in the laws on plant protection and quarantine, animal health, and prevention and control of infectious diseases.
4. Exclusive customs area means a given geographical area in the Vietnamese territory which is established under Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party. In this area, goods trading and exchange with the outside territory and foreign countries are regarded as export and import activities.
5. Foreign trader without presence in Vietnam means a foreign trader that conducts no investment or business activities in Vietnam in the forms prescribed in the investment law, commercial law or law on enterprises, and has no representative office or branch in Vietnam as prescribed in the commercial law or law on enterprises.
Article 4. Principles of state management of foreign trade
1. The State shall manage foreign trade in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.
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Official Gazette
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