Decree 86/2025/ND-CP detailing Law on Foreign Trade Management regarding trade remedies

DECREE

Detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies

^{_______________}

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Law on Foreign Trade Management regarding the methods of determining injury to a domestic industry; combat of the shirking of trade remedies; grounds for launching, and the order, procedures, time limit, contents, and grounds for termination of, investigations of trade remedy cases (below referred to as investigation); application and review of trade remedies; identification of subsidies and countervailing measures; responsibilities of related agencies to coordinate with one another in the investigation process; and handling of trade remedies applied against Vietnamese exports.

Article 2. Subjects of application

1. State management agencies competent to investigate, apply and handle trade remedies.

2. Vietnamese and foreign traders, and other domestic and foreign agencies, organizations and individuals involved in the investigation, application and handling of trade remedies.

Article 3. Interpretation of terms

1. Evidence means a fact used by the trade remedy investigation body as a ground for settlement of a trade remedy case.

2. Trade remedy cases include: anti-dumping cases, countervailing cases, safeguard cases, and cases involving measures to combat the shirking of trade remedies with respect to goods imported into Vietnam.

3. Requesting party means an organization or individual lawfully representing a domestic industry that submits a dossier of request for application of trade remedies or dossier of request for application of measures to combat the shirking of trade remedies.

4. Requested party means a foreign organization or individual that manufactures or exports goods for which the requesting party submits a dossier of request for investigation for application of trade remedies, a dossier of request for investigation for application of measures to combat the shirking of trade remedies, or which is investigated by the investigation body under a decision of the Minister of Industry and Trade.

5. Investigation period means the period of time set by the investigation body for each trade remedy case for collecting information, evidence and data to serve the investigation of such case.

6. Initial investigation period means the investigation period applicable to the initial investigation case for the application of trade remedies.

7. Consultation means the exchange and expression by related parties of their opinions on a case with/to the investigation body in accordance with law.

8. New exporter means a manufacturer or exporter of a country or territory subject to anti-dumping, countervailing measures, or measures to combat the shirking of trade remedies, which has not been reviewed and satisfies all of the following conditions:

a) Not exporting the goods under investigation into the territory of Vietnam during the initial investigation period

b) Having no relationship with any manufacturers or exporters currently subject to anti-dumping, countervailing measures, or measures to combat the shirking of trade remedies as specified in Article 5 of this Decree;

c) Exporting goods subject to anti-dumping, countervailing measures, or measures to combat the shirking of trade remedies into the territory of Vietnam after the initial investigation period.

9. Directly competitive goods means goods that are substitutable, from the perspective of buyers, for the goods under investigation.

Article 4. Determination of a domestic industry

1. The determination of a domestic industry must comply with Clause 1, Article 69 of the Law on Foreign Trade Management.

2. The major percentage in the aggregate output of goods of a domestic industry as prescribed in Clause 1, Article 69 of the Law on Foreign Trade Management shall be determined as follows:

a) In anti-dumping cases and countervailing cases, a volume or quantity of manufactured goods accounting for at least 50% of the total volume or quantity of domestically manufactured similar goods to the goods under investigation shall be regarded as making up a major percentage in the aggregate output of goods of a domestic industry;

b) In safeguard cases, a volume or quantity of manufactured goods accounting for at least 50% of the total volume or quantity of domestically manufactured similar goods or directly competitive goods to the goods under investigation shall be regarded as making up a major percentage in the aggregate output of goods of a domestic industry.

3. The investigation body may consider a percentage lower than that specified in Clause 2 of this Article if having grounds indicating that such lower percentage is high enough to be considered a major percentage in the aggregate output of goods of a domestic industry.

4. In anti-dumping and countervailing cases, the manufacturers in a certain geographical market in the Vietnamese territory may be considered a domestic industry if the following conditions are fully met:

a) They sell the whole or almost the whole of their manufactured goods in such market;

b) The demand of such market is not significantly satisfied by the domestic manufacturers of similar goods in other geographical markets.

Where it is determined that acts of dumping or subsidization occur only in such geographical market and cause injury to all or almost all manufacturers in that market, the investigation body may still determine injury even if domestic manufacturers of similar goods in other geographical markets do not suffer injury.

Article 5. Determination of the relationship between manufacturers of similar goods and exporters or importers of goods under investigation for application of trade remedies

1. Manufacturers of similar goods shall be considered as having a relationship with exporters or importers of goods under investigation for application of trade remedies under Clause 1, Article 69 of the Law on Foreign Trade Management in the following cases:

a) Either party directly or indirectly controls the other party;

b) Both parties are directly or indirectly controlled by a third party;

c) Both parties directly or indirectly control a third party.

2. Either party may be considered controlling the other party when it has the legal or de facto power to dominate the latter’s financial policies or operations under any of the following circumstances:

a) The parent company and its subsidiary, and vice versa; subsidiaries of the same parent company; managers or members of the Supervisory Board of the parent company, or organizations or individuals competent to appoint such persons, and the subsidiary, and vice versa;

b) A company and its managers or members of the Supervisory Board, or a company and the organization or individual competent to appoint such persons, and vice versa;

c) A company and an organization or individual holding 5% or more of the charter capital or voting shares of such company, and vice versa;

d) An individual and his/her spouse, biological parents, parents-in-law, legal guardians, biological children, legally adopted children, or biological siblings of the individuals referred to at Points b and c of this Clause;

dd) An individual authorized to represent any of the organizations or individuals specified at Points a, b, c, and d of this Clause;

e) Individuals authorized to represent capital contributions of the same organization.

Article 6. Handling of overpaid trade remedy duties

1. The handling of overpaid trade remedy duties must comply with Clauses 5 and 6, Article 68 of the Law on Foreign Trade Management.

2. Trade remedy duty amounts overpaid under Clause 1 of this Article do not earn interest.

3. Procedures for handling of overpaid trade remedy duties are the same as those for import duties prescribed in the law on tax administration.

Article 7. Form of receipt of dossiers and method of calculating periods, time limits and points of time in the settlement of trade remedy cases

1. The receipt of dossiers of request for investigation, application, or review of trade remedies, measures to combat the shirking of trade remedies, and responses to the investigation body’s questionnaires in trade remedy cases shall be carried out either in person or online.

2. The method of calculating periods, time limits and points of time in the settlement of trade remedy cases shall comply with the civil law.

Article 8. Rights and obligations of requesting parties and requested parties in trade remedy cases

1. The requesting party and requested party have the following rights:

a) To have access to information provided by other related parties to the investigation body, except the confidential information as prescribed;

b) To send their opinions on draft investigation conclusions, draft conclusion of the review of the application of trade remedies and measures to combat the shirking of trade remedies within 7 days from the date the investigation body sends the draft for comments;

c) To propose the investigation body to extend the time limit for information provision or for filling out questionnaires;

d) To request confidential information under regulations;

dd) To participate in consultations, express their views and provide evidence and materials relating to trade remedy cases;

e) To authorize others to participate on their behalf in the process of settling trade remedy cases;

g) To request the investigation body to hold separate consultations under Clause 2, Article 14 of this Decree;

h) To lodge complaints about and initiate lawsuits against decisions of the Minister of Industry and Trade in accordance with the law on complaints and initiation of lawsuits against administrative decisions.

2. The requesting party and requested party have the following obligations:

a) To ensure the completeness, truthfulness, and accuracy of the evidence, information, and materials they provide;

b) To provide sufficient, truthful and accurate evidence, information and materials at the request of the investigation body within the requested time limit;

c) To comply with decisions of the Minister of Industry and Trade.

Article 9. Non-cooperation in trade remedy cases

1. Non-cooperation during the investigation or review of trade remedy cases refers to the following instances in which the parties:

a) Refuse to allow the investigation body to conduct on-site investigations as requested;

b) Refuse to allow the investigation body to access information or materials as requested;

c) Refuse to provide, or fail to sufficiently provide, information or materials as requested by the investigation body within the prescribed time limit;

d) Provide information or materials that the investigation body determines to be inaccurate or misleading.

2. For the cases of investigation for application of anti-dumping measures and review of the application of anti-dumping measures, where the information or materials provided by the parties are not accepted, the investigation body shall notify the information and material provider and request an explanation within a specified period. If the information provider fails to provide an explanation or the explanation is not accepted by the investigation body, the investigation body shall determine such information or materials to be inaccurate or misleading as prescribed at Point d, Clause 1 of this Article.

Article 10. Use of available information

1. After the Minister of Industry and Trade issues a decision on the investigation for application of trade remedies, decision on investigation for application of measures to combat the shirking of trade remedies, decision on review of the application of trade remedies, or decision on review of the application of measures to combat the shirking of trade remedies, the investigation body shall notify the parties of the request for information provision and the investigation body's competence to use available information in investigation or review conclusions in case of non-cooperation as prescribed in Article 9 of this Decree.

2. Available information includes:

a) Information contained in the dossier of request for investigation for application of trade remedies, measures to combat the shirking of trade remedies, or dossier of request for review of the application of trade remedies or measures to combat the shirking of trade remedies;

b) Information from independent, official, and public sources;

c) Information provided by other parties during the investigation;

d) Other lawful sources of information.

Article 11. Disclosure of information in trade remedy investigation cases

The investigation body shall disclose relevant non-confidential information to the parties in the trade remedy investigation cases. Information disclosure shall be made via electronic means or other means as suitable to the technical infrastructure of the investigation body.

Article 12. Decisions not to investigate the application of trade remedies, decisions not to investigate the application of measures to combat the shirking of trade remedies, decisions not to review the application of trade remedies, decisions not to review the application of measures to combat the shirking of trade remedies

1. After appraising the dossier of request for investigation for application of anti-dumping or countervailing measures, if the investigation body determines that there is insufficient evidence that the goods were dumped or subsidized upon importation into Vietnam, causing or threatening to cause material injury or significantly impeding the establishment of a domestic industry, the Minister of Industry and Trade shall consider issuing a decision not to investigate the application of anti-dumping or countervailing measures.

2. After appraising the dossier of request for investigation for application of safeguard measures, if the investigation body determines that there is insufficient evidence that imports into Vietnam have increased excessively, causing or threatening to cause serious injury to the domestic industry, the Minister of Industry and Trade shall consider issuing a decision not to investigate the application of safeguard measures.

3. After appraising the dossier of request for investigation for application of measures to combat the shirking of trade remedies, if the investigation body determines that there is insufficient evidence of the existence of acts of shirking trade remedies causing injury or undermining the effectiveness of the trade remedies currently in force on the domestic industry, the Minister of Industry and Trade shall consider issuing a decision not to investigate the application of measures to combat the shirking of trade remedies.

4. After appraising the dossier of request for review of the application of trade remedies or dossier of request for review of the application of measures to combat the shirking of trade remedies, except for reviews conducted in accordance with Article 52 and Article 73 of this Decree, if the investigation body determines that there is insufficient evidence to conduct a review according to the contents of the request, the Minister of Industry and Trade shall consider issuing a decision not to review the application of trade remedies or not to review the application of measures to combat the shirking of trade remedies.

Article 13. On-site investigations

1. During the investigation for application of trade remedies, review of the application of trade remedies, investigation for application of measures to combat the shirking of trade remedies, or review of the application of measures to combat the shirking of trade remedies, the investigation body may conduct on-site investigations to verify the completeness, truthfulness, and accuracy of the evidence, information, and materials provided by the related parties.

2. The investigation body may conduct an on-site investigation only after notifying and obtaining the consent of the related party subject to on-site investigation.

3. Upon receiving the consent of the related party subject to on-site investigation, the investigation body shall, no later than 7 days prior to conducting the on-site investigation, send a notice on the contents of the investigation request to such related party subject to on-site investigation.

4. If wishing to conduct an on-site investigation abroad, in addition to the provisions in Clauses 2 and 3 of this Article, the investigation body shall notify such to the representative of the government of the country or territory where the enterprise subject to the on-site investigation is located.

Article 14. Consultation

1. Upon receipt of a complete and valid dossier requesting the application of countervailing measures, the investigation body shall be responsible for inviting the governments of countries or territories from which the goods subject to investigation are exported to submit a request for consultation in order to clarify the contents of the dossier. If the investigation body receives a written request for consultation from the government of a country or territory from which the goods subject to investigation are exported, it shall organize a consultation with the representative of such government.

2. In the course of investigation for application of trade remedies, review of the application of trade remedies, or investigation for application of measures to combat of the shirking of trade remedies, or review of the application of measures to combat the shirking of trade remedies, the investigation body may hold separate consultations with related parties at the latter’s written request provided that such request is justified and the consultations do not affect the time limit for investigation or review.

3. Before ending the investigation for application of trade remedies or the investigation for application of measures to combat the shirking of trade remedies, the investigation body shall organize a public consultation with related parties. The investigation body shall notify related parties of such public consultation meeting at least 30 days before it is held.

4. At least 7 days before the opening date of a public consultation, related parties shall send a registration for participation in the consultation to the investigation body, which may specify issues to be consulted and their arguments. Related parties are not required to pay a charge for participation in a consultation.

5. Within 7 days after a public consultation closes, related parties shall send to the investigation body their written opinions presented during the consultation.

6. Within 20 days after a public consultation is held under Clause 3 of this Article, the investigation body shall disclose the written consultation record to all related parties.

Article 15. Ending of the investigation for application of trade remedies, review of the application of trade remedies, investigation for application of measures to combat the shirking of trade remedies, and review of the application of measures to combat the shirking of trade remedies

1. The investigation body shall publicly notify the ending of the investigation for application of trade remedies, ending of the review of the application of trade remedies, ending of the investigation for application of measures to combat the shirking of trade remedies, and ending of the review of the application of measures to combat the shirking of trade remedies at least 7 days prior to the expiration of the investigation or review period, and shall cease receiving opinions, information, and materials from related parties from the time of such notification.

2. Within 20 days from the date of notification of the ending of the investigation or review as prescribed in Clause 1 of this Article, the investigation body shall issue the final investigation conclusion or review conclusion.

Article 16. Notification of the draft final investigation conclusion for application of trade remedies, draft conclusion of the review of the application of trade remedies, draft final investigation conclusion for application of measures to combat the shirking of trade remedies, draft conclusion of the review of the application of measures to combat the shirking of trade remedies

1. Before the expiration of the period for investigation for application of trade remedies, review of the application of trade remedies, investigation for application of measures to combat the shirking of trade remedies, or review of the application of measures to combat the shirking of trade remedies, the investigation body shall be responsible for notifying the draft final investigation conclusion and draft review conclusion to all related parties for comment.

2. The draft final investigation conclusion or draft review conclusion containing confidential information and the basis for calculating the dumping margin, subsidy level, or basis for determining the act of shirking trade remedies related to each manufacturer or exporter shall be sent to the respective manufacturer or exporter.

3. The draft final investigation conclusion or draft review conclusion containing confidential information and the basis for calculating the subsidy level related to each exporting country or territory’s government shall be sent to the respective representative of the exporting country or territory’s government.

Article 17. Notification of the investigation conclusion for application of trade remedies, conclusion of the review of the application of trade remedies, investigation conclusion for application of measures to combat the shirking of trade remedies, conclusion of the review of the application of measures to combat the shirking of trade remedies to related parties

1. The investigation body shall notify the information note on the investigation conclusion or review conclusion within 20 days from the date on which the Minister of Industry and Trade issues any of the following decisions:

a) Decision on the application of provisional trade remedies;

b) Decision on the official application of trade remedies;

c) Decision on the result of the review of the application of trade remedies;

d) Decision on the application of measures to combat the shirking of trade remedies;

dd) Decision on the result of the review of the application of measures to combat the shirking of trade remedies.

2. The information note on the investigation conclusion or review conclusion shall include:

a) A public version of the investigation conclusion or review conclusion, which shall be sent to all related parties in the case;

b) A version containing confidential information related to each manufacturer or exporter, which shall be sent to the respective manufacturer or exporter;

c) A version containing confidential information related to each government of an exporting country or territory involved in the countervailing case regarding the investigation conclusion or review conclusion, which shall be sent to the respective representative of such government or territory.

Article 18. Information provision obligation by state management agencies, business representative organizations and associations

1. Within the ambit of their powers and functions, customs offices shall:

a) Timely provide sufficient and accurate data and information on imported goods under investigation at the proposal of the investigation body;

b) Coordinate with the investigation body in providing data and information about the quantity or volume and value of imported and exported goods related to the investigation, application and handling of trade remedies at the request of enterprises and trade associations. The order, procedures and expenses of provision and cases where information provision is refused, and other contents must comply with the Law on Access to Information.

c) Coordinate with the investigation body in the course of investigating the application of trade remedies, reviewing the application of trade remedies, investigating the application of measures to combat the shirking of trade remedies, and reviewing the application of measures to combat the shirking of trade remedies, based on the request of the investigation body.

2. From the effective date of a decision on application of trade remedies, the customs office shall provide information about trade remedy duty amounts, volume or quantity and value of imported goods subject to trade remedies at the request of the investigation body.

3. Business representative organizations and associations, and the Vietnam Chamber of Commerce and Industry shall, within the ambit of their functions and powers, coordinate with the investigation body in providing information and data on import, export, manufacturing and trading of goods under their management at the request of the investigation body.

Article 19. Application of trade remedies to underdeveloped or developing countries and territories

1. The application of trade remedies to imports originating from an underdeveloped or developing country or territory must comply with Clauses 2 and 3, Article 86, and Clause 2, Article 92, of the Law on Foreign Trade Management.

2. Underdeveloped and developing countries shall be decided by the Minister of Industry and Trade for each trade remedy measure, based on the recommendation of the investigation body and on the basis of reliable and publicly available data from independent international organizations, as well as commitments under treaties to which Vietnam is a party or signatory.

3. Every six months, the investigation body may conduct a review and recommend that the Minister of Industry and Trade revise the application of trade remedies to imported goods originating from underdeveloped and developing countries and territories as prescribed in Clauses 1 and 2 of this Article, based on the following criteria:

a) Import data on goods under investigation provided by the customs office;

b) Reliable, independent, and publicly available data from international organizations;

c) Commitments under treaties to which Vietnam is a party or signatory.

Article 20. Review of the completeness and validity of the dossier of request for investigation for application of trade remedies and measures to combat the shirking of trade remedies

1. Within 20 days from the date of receipt of the dossier of request for investigation for application of trade remedies or measures to combat the shirking of trade remedies, the investigation body shall notify the organization or individual of the completeness and validity of the dossier. If the dossier is complete and valid, the investigation body shall notify the requesting organization or individual and publicly announce the receipt of the complete and valid dossier.

2. If the dossier is incomplete and invalid, the investigation body shall notify such to the dossier submitter for supplementation. The time limit for supplementing the dossier shall be 30 days from the date the investigation body issues the notification requesting supplementation.

3. If the organization or individual supplements the dossier with all required information as notified by the investigation body within the time limit specified in Clause 2 of this Article, the review of the completeness and validity of the dossier as provided in this Article shall be calculated from the date the investigation body receives the supplementary information.

4. If the organization or individual fails to supplement, or supplements inadequately, the required information as notified by the investigation body within the time limit specified in Clause 2 of this Article, the investigation body shall return the dossier and issue a written notice stating the reason for the return.

Article 21. Review of the completeness and validity of the dossier of request for review of the application of trade remedies and measures to combat the shirking of trade remedies

1. Within 20 days from the expiration of the time limit for submission of the dossier of request for review, the investigation body shall notify the organization or individual of the completeness and validity of the dossier received. For reviews that have no specific deadline for receiving dossiers, the time limit for notification of the completeness and validity or for requesting supplementation of the dossier shall be calculated from the date the investigation body receives the dossier of request for review.

2. If the dossier of request for review is complete and valid, the investigation body shall notify the requesting organization or individual and publicly announce the receipt of the complete and valid dossier.

3. If the dossier of request for review is incomplete or invalid, the investigation body shall notify the requesting organization or individual to supplement the dossier. The time limit for supplementing the dossier shall be 15 days from the date the investigation body issues the notification requesting supplementation.

4. Within 20 days from the date of receipt of the timely and duly supplemented dossier from the requesting organization or individual, the investigation body shall notify such organization or individual of the completeness and validity of the supplemented dossier in accordance with Clauses 2 and 3 of this Article.

5. If the organization or individual fails to supplement, or supplements inadequately, the information as requested by the investigation body within the prescribed time limit, the investigation body shall return the dossier and issue a written notice stating the reason for the return.

Chapter II

INVESTIGATION, APPLICATION AND REVIEW OF ANTI-DUMPING AND COUNTERVAILING MEASURES

Section 1

DUMPING AND SUBSIDIZATION

Article 22. Method for determining the export price of goods subject to anti-dumping or countervailing investigation

1. Export price means the selling price of goods exported to Vietnam under anti-dumping or countervailing investigation based on lawful transaction documents.

2. If no export price is available or there is evidence that the export price is unreliable, the investigation body may determine the export price as follows:

a) The export price shall be constructed based on the price of reselling goods to the first independent customer under import-export conditions that the investigation body determines to be reasonable. The first independent customer is understood as a customer that has no relationship with the related manufacturer or exporter defined in Article 5 of this Decree;

b) If the export price cannot be determined under Point a of this Clause, it shall be constructed based on other reasonable grounds.

3. An export price shall be considered unreliable as prescribed in Clause 2 of this Article if the manufacturer, exporter, importer or third party has a relationship prescribed in Article 5 of this Decree or has offsetting agreements.

Sub-section 1.

DUMPING

Article 23. Methods of determining normal prices

1. In case similar goods are sold in the market of an exporting country in a significant volume or quantity, their normal prices are the comparable prices of similar goods currently sold in that market under normal trade conditions specified in Article 24 of this Decree.

2. In case similar goods are not sold in the market of an exporting country or such sale does not permit reasonable comparison due to specific conditions of that market or because similar goods are sold in the market of an exporting country in a negligible volume or quantity, their normal prices may be determined by any of the followings:

a) The prices of similar goods exported to a suitable third country provided that such prices are representative;

b) Set by the investigation body based on reasonable costs of goods plus other reasonable expenses and reasonable profit in each stage from manufacturing to sale in the market of the exporting country or a third country.

3. The volume or quantity of similar goods sold in the market of an exporting country referred to in Clause 1 of this Article shall be considered significant if it accounts for at least 5% of the total volume or quantity of goods under investigation which are exported to Vietnam. The investigation body may consider a lower percentage if having evidence that such percentage is high enough for conducting a reasonable comparison.

Article 24. Normal trade conditions

Similar goods shall be considered being sold in the market of an exporting country under normal trade conditions, except:

1. Similar goods sold in the domestic market of an exporting country or exported to the market of a third country at a price lower than the cost per unit of product for at least 6 months, with a significant volume or quantity, and the selling prices in such transactions lower than the weighted average cost of production per unit of the similar goods during the investigation period for the purpose of determining dumping.

2. Similar goods sold in the domestic market of an exporting country or exported to the market of a third country between the parties that have a relationship as prescribed in Article 5 of this Decree and at a price not reflecting the market price.

3. Similar goods sold in the domestic market of an exporting country or exported to the market of a third country on the basis of offsetting agreements.

4. The volume or quantity as referred to in Clause 1 of this Article shall be deemed significant when the weighted average selling price of the transactions considered for determining the normal value is lower than the weighted average cost per unit of product, or when the volume or quantity of goods sold in transactions with a price lower than the cost per unit of product accounts for at least 20% of the total volume or quantity sold in the transactions considered for determining the normal value.

Article 25. Adjustment of normal prices and export prices

When determining the dumping margin, the investigation body shall consider:

1. Adjusting the normal price and export price to the same stage of the goods sale process.

2. Adjusting the normal price and export price to the same time of calculation or at the closest times of calculation.

3. Adjusting the normal price and export price in case there are differences in tax, sale condition, commercial level, volume, physical properties or other factors which are determined appropriate by the investigation body.

4. When converting currencies, using the exchange rate applicable at the time of goods sale, except the case of sale of exported goods under a definite-term contract which states the applicable exchange rate. In case of exchange rate fluctuations, the investigation body shall make appropriate adjustments based on such fluctuations in the investigation period.

5. Other adjustments.

Article 26. Methods of determining dumping margins

1. The dumping margin shall be determined based on the difference between the normal price and export price.

2. The difference between the normal price and the export price as prescribed in Clause 1 of this Article shall be determined by comparing:

a) The weighted average of the normal price with that of the export price; or

b) The normal price with the export price for each transaction; or;

c) The weighted average of the normal price with the export price for each transaction in case there exist significant differences in the export price between different buyers, geographical areas and times of export.

3. The investigation body shall determine separate dumping margins for goods under investigation of each foreign manufacturer or exporter in an investigation case for application of anti-dumping measures, except the case prescribed in Article 27 of this Decree.

Article 27. Determination of the dumping margin in case of sample selection for investigation

1. Where there are numerous foreign manufacturers or exporters from the same country or territory, or a large number of product types under investigation, the investigation body may limit the scope of the investigation by applying the sampling method as provided in Article 40 of this Decree to determine the dumping margin.

2. Where the investigation body limits the scope of investigation by applying the sampling method as prescribed in Clause 1 of this Article, it shall determine the dumping margin for each of the following groups of foreign manufacturers or exporters:

a) Foreign manufacturers or exporters selected for sampling;

b) Foreign manufacturers or exporters from the same country or territory not selected for sampling but who voluntarily participate and cooperate with the investigation body during the investigation period;

c) Remaining foreign manufacturers or exporters.

3. The separate dumping margin for goods under investigation of each foreign manufacturer or exporter selected for sampling shall be determined in accordance with the methods provided in Clauses 1 and 2, Article 26 of this Decree.

4. The dumping margin for goods under investigation of foreign manufacturers or exporters from the same country or territory not selected for sampling but voluntarily participating and cooperating with the investigation body during the investigation period shall be determined by one of the following methods:

a) By using the weighted average of the separate dumping margins applied to the goods under investigation of foreign manufacturers or exporters from the same country or territory that were selected for sampling, excluding those foreign manufacturers or exporters from the same country or territory selected for sampling whose separate dumping margins do not exceed 2% and those whose separate dumping margins were determined based on available information as prescribed in Article 10 of this Decree; or

b) By using the difference between the weighted average normal price of the foreign manufacturers or exporters from the same country or territory selected for sampling and the export price of the non-sampled foreign manufacturer or exporter, in cases where all foreign manufacturers or exporters from the same country or territory selected for sampling have separate dumping margins not exceeding 2% or have separate dumping margins determined based on available information as prescribed in Article 10 of this Decree.

5. The dumping margin for the remaining foreign manufacturers or exporters shall be determined based on available information in accordance with Article 10 of this Decree.

Sub-section 2.

SUBSIDIZATION

Article 28. Specificity of subsidies

1. Subsidies prescribed in Article 84 of the Law on Foreign Trade Management shall be considered specific when they are applied exclusively to certain organizations, individuals or industries or applied only to organizations, individuals or industries in certain geographical areas of the countries under investigation for application of countervailing measures.

2. The specificity of a subsidy shall be determined as follows:

a) There is an explicit limit to access to the subsidy to one organization or individual or a group of organizations or individuals or a group of certain industries;

b) There are objective criteria and conditions for eligibility for the subsidy established in legal documents or other official documents but not automatically applied in practice or not strictly adhered to;

c) The subsidy is explicitly limited to organizations and individuals located in a certain geographical area;

d) In case the subsidy is not specific as prescribed at Point a, b or c of this Clause, the investigation body may still determine its specificity on the basis of considering such factors as limited number of subsidized enterprises, disproportionate distribution of the subsidy, and manner of grant of the subsidy by competent authorities.

3. The subsidies referred to in Clauses 1 and 2, Article 85 of the Law on Foreign Trade Management are considered specific.

Article 29. Methods of determining subsidy values and levels

1. Methods of determining subsidy values are prescribed below:

a) If a subsidy is a non-refundable grant provided to an organization or individual, its value is the actual value of such grant;

b) If a subsidy is provided by a government or organization assigned or authorized by the government as a loan to an organization or individual, its value is the difference between the payable interest on such loan under market conditions and the interest to be paid for such loan by such organization or individual;

c) If a subsidy is provided by a government or organization assigned or authorized by the government in the form of loan guarantee, its value is the difference between the payable interest in the absence of guarantee and the payable interest in the presence of guarantee;

d) If a subsidy is provided by a government or organization assigned or authorized by the government in the form of direct transfer of capital or shares to an enterprise, its value is the actual capital amount the enterprise receives;

dd) If a subsidy is provided in the form of purchase of goods or services by a government or organization assigned or authorized by the government from an organization or individual at a price higher than the market price, its value is the difference between the market price and the price to be paid by the government or organization assigned or authorized by the government for such goods or services;

e) If a subsidy is provided in the form of sale of goods or services by a government or organization assigned or authorized by the government from an organization or individual at a price lower than the market price, its value is the difference between the market price and the actual selling price of the government or organization assigned or authorized by the government for such goods or services;

g) If a subsidy is provided in the form of non-collection by a government or organization assigned or authorized by the government of an amount which the concerned organization or individual has to pay, its value is the difference between the law-prescribed payable amount and actually paid amount.

2. The values of subsidies in other forms shall be calculated in an equal and reasonable manner in conformity with international practices.

3. The specific subsidy level for a foreign manufacturer or exporter shall be determined based on the total value of specific subsidies received by such foreign manufacturer or exporter in accordance with this Article and Article 28 of this Decree.

Section 2

DETERMINATION OF INJURY TO A DOMESTIC INDUSTRY

Article 30. Determination of material injury to a domestic industry

1. Material injury to a domestic industry shall be determined on the basis of considering the following factors:

a) The increase in the volume or quantity of dumped or subsidized goods which are imported into Vietnam in absolute terms or in relation to the volume or quantity of similar goods domestically manufactured or consumed;

b) The effects of price depression or suppression of imported goods under investigation on selling prices of similar goods domestically manufactured;

c) The impacts of dumped or subsidized goods on the status of production and business activities of a domestic industry, including actual and potential decline in revenue, sales, profit, output, market share, capacity, productivity, and investment; factors affecting domestic selling prices; magnitude of dumping margin, and subsidy level; and actual and potential adverse effects on cash flow, inventories, employment, wages, and ability to raise capital;

d) Other relevant factors.

2. The determination of material injury to a domestic industry shall be based on specific evidence.

Article 31. Determination of threat of material injury to a domestic industry

1. The threat of material injury to a domestic industry shall be determined on the basis of considering the following factors:

a) The increase in the volume or quantity of dumped or subsidized goods which are imported into Vietnam in absolute terms or in relation to the volume or quantity of similar goods domestically manufactured or consumed;

b) Whether the capacity of foreign manufacturers or exporters is high enough or likely to significantly increase in the near future, leading to a significant increase in the volume or quantity of imported goods under investigation;

c) Whether the dumped or subsidized goods imported into Vietnam significantly reduce or depress at a significant level or prevent an significant increase in the selling prices of domestically manufactured similar goods, leading to the possibility of an increase in the demand for the imported goods;

d) Inventory data of goods under investigation;

dd) Other related factors.

2. The determination of the threat of material injury to a domestic industry shall be based on specific evidence.

Article 32. Determination of significant impediment to the formation of a domestic industry

1. The formation of a domestic industry shall be determined on the basis of considering the following factors:

a) Characteristics of that industry;

b) The operation period of that industry;

c) The size of that industry compared to the entire market;

d) The reasonable financial break-even point of that industry;

dd) Whether that industry is new or an expansion of an existing industry’s production size;

e) Other related factors.

2. Significant impediment to the formation of a domestic industry prescribed in Clause 1 of this Article shall be determined on the basis of considering the following factors:

a) Plan of that industry;

b) Manufacturing capacity and output;

c) Volume or quantity of goods sold in the country;

d) Market share, revenue and profit;

dd) Selling prices of domestic similar goods;

e) Exportation of similar goods and importation of goods under investigation;

g) Inventory data of goods under investigation;

h) Workforce and wage;

i) Other related factors.

3. The determination of significant impediment to the formation of a domestic industry shall be based on specific evidence.

Article 33. Principles of cumulative assessment

1. In case goods under investigation are imported from two or more manufacturing or exporting countries, the investigation body may conduct a cumulative assessment of the injury caused by such goods.

2. The cumulative assessment of the effects of goods under investigation should take into account competition conditions between goods under investigation and competition conditions between goods under investigation and domestically manufactured similar goods.

3. The cumulative assessment prescribed in Clause 1 of this Article does not include countries with dumping margins specified in Clauses 2 and 3, Article 78, and subsidy levels prescribed in Clauses 2 and 3, Article 86, of the Law on Foreign Trade Management.

Article 34. Determination of the causal relationship between the dumping or subsidization of goods imported into Vietnam and injury to a domestic industry

When determining the causal relationship between the dumping or subsidization of goods imported into Vietnam and material injury or threat of material injury to a domestic industry or significant impediment to the formation of a domestic industry, the investigation body shall consider the following factors:

1. Whether the dumping or subsidization for goods imported into Vietnam causes a material injury or threatens to cause a material injury to that industry or causes a significant impediment to the formation of that industry.

2. Not regard other factors other than the dumping or subsidization for goods imported into Vietnam that causes or threatens to cause a material injury to that industry or causes a significant impediment to the formation of that industry as impacts caused by such dumping or subsidization. These factors include:

a) The volume or quantity of similar goods imported into Vietnam which are not dumped or subsidized;

b) The level of decline in consumption demand or change in the form of consumption for domestically manufactured similar goods;

c) Trade restriction policy;

d) Technology development;

dd) Exportability and productivity of the domestic industry;

e) Other related factors.

Section 3

THE ORDER AND PROCEDURES FOR INVESTIGATION FOR APPLICATION OF ANTI-DUMPING MEASURES AND COUNTERVAILING MEASURES

Sub-section 1.

DOSSIERS OF REQUEST

Article 35. Dossiers of request for investigation for application of anti-dumping measures and countervailing measures

1. A dossier of request for investigation for application of anti-dumping or countervailing measures must comprise related information, papers, documents and evidence as follows:

a) Name, address and other necessary information of the representative of the concerned domestic industry;

b) Information, data and evidence for determining the representation of the concerned domestic industry, including a list of domestic manufacturers of similar goods, and volume or quantity of the manufactured similar goods;

c) Names and addresses of institutional or individual manufacturers of similar goods that support or oppose the case;

d) Information describing imported goods requested for investigation for application of anti-dumping or countervailing measures, including scientific names, trade names and common names; composition; basic physical and chemical characteristics; manufacturing process; main use purpose; applicable international and Vietnamese standards and regulations; goods headings according to Vietnam’s List of Exports and Imports;

dd) Information describing similar goods of a domestic industry, including scientific names, trade names and common names; composition; basic physical and chemical characteristics; main use purpose; manufacturing process; and international and Vietnamese standards and regulations;

e) Information on the volume or quantity and value of imported goods as prescribed at Point d of this Clause for at least 3 years before the date of submission of the dossier of request for application of anti-dumping measures;

i) Information, data and evidence on the material injury or threat of material injury to or significant impediment to the formation of a domestic industry for at least 3 years before the date of dossier submission, or from the commencement of operations of the domestic industry in cases where the domestic industry has been in operation for less than 3 years;

h) Information, data and evidence on the causal relationship between the import of the goods specified at Point d of this Clause and material injury or threat of material injury to or significant impediment to the formation of a domestic industry;

i) Specific requirements on the application of anti-dumping or countervailing measures, time limit and extent of application.

2. In addition to the contents specified in Clause 1 of this Article, a dossier of request for investigation for application of anti-dumping measure must also comprise the following information:

a) Information on normal prices and export prices of goods described under Point d, Clause 1 of this Article; and dumping margins of imported goods requested for investigation for application of anti-dumping measures;

b) Information on the exporting country or origin of the goods requested for investigation for application of anti-dumping measures, including a list of foreign manufacturers or exporters and importers.

3. In addition to the contents specified in Clause 1 of this Article, a dossier of request for investigation for application of countervailing measure must also comprise information and evidence of the foreign subsidy, including the existence of the subsidy; country claimed to provide the subsidy; names and addresses of foreign organizations and individuals claimed to receive the subsidy; form of the subsidy and subsidy policy; and quantity or volume and value of the subsidy.

Article 36. Appraisal of dossiers of request for investigation for application of anti-dumping measures and countervailing measures

1. The review of the completeness and validity of the dossier of request for investigation for application of anti-dumping or countervailing measures shall be carried out in accordance with Article 20 of this Decree.

2. The appraisal of a dossier of request for investigation for application of anti-dumping or countervailing measures, and issuance of an investigation decision must comply with Clause 2, Article 70 of the Law on Foreign Trade Management.

3. The appraisal of a dossier must cover:

a) Determination of the dossier submitter’s eligibility to act as a lawful representative of the concerned domestic industry based on Clause 2, Article 79, and Clause 2, Article 87, of the Law on Foreign Trade Management;

b) Identification of evidence that the dumping or subsidization for goods imported into Vietnam causes or threatens to cause a material injury to a domestic industry or causes a significant impediment to the formation of a domestic industry.

Sub-section 2.

INVESTIGATION AND APPLICATION OF ANTI-DUMPING AND COUNTERVAILING MEASURES

Article 37. Decisions on investigation for application of anti-dumping measures and countervailing measures

A decision issued by the Minister of Industry and Trade on investigation for application of anti-dumping or countervailing measures must have the following contents:

1. Detailed description of imported goods under investigation, goods headings according to Vietnam’s List of Exports and Imports;

2. Information on domestic manufacturers of similar goods that request application of anti-dumping or countervailing measures;

3. Brief information about the dumping or subsidization for goods imported into Vietnam causes or threatens to cause a material injury to a domestic industry or causes a significant impediment to the formation of a domestic industry;

4. Information on the investigation period for determining dumping or subsidization and the investigation period for determining injury to the domestic industry;

5. The order and procedures for the anti-dumping or countervailing investigation.

Article 38. Investigation period

1. The investigation period for determining dumping or subsidization is 12 months. In special cases, the investigation body may set another investigation period which must not be shorter than 6 months.

2. The investigation period for determining injury to the domestic industry is at least 3 years and must cover the whole investigation period for determining dumping or subsidization. If a related party has only operated for under 3 years, the to-be-collected data will be those of the entire operation time of such party up to the end of the investigation period for determining dumping or subsidization.

Article 39. Sampling questionnaire

1. Within 7 days after the Minister of Industry and Trade issues an investigation decision, the investigation body shall send sampling questionnaires to related parties, including:

a) Manufacturers or exporters that export goods under anti-dumping or countervailing investigation to Vietnam, which the investigation body knows;

b) Vietnam-based representatives of the countries or territories that manufacture or export goods under anti-dumping or countervailing investigation.

2. The deadline for related parties to submit responses to the sampling questionnaire shall be 10 days from the date of receipt of the sampling questionnaire. The sampling questionnaire shall be deemed received after 7 days from the date it is sent by the investigation body. The sending date shall be determined based on the postmark or the date the investigation body publicly posts the sampling questionnaire on its portal.

3. Any foreign manufacturer or exporter that fails to respond to the sampling questionnaire within the prescribed time limit shall be considered a non-cooperating party in accordance with Article 9 of this Decree.

Article 40. Selection of samples for investigation

1. Where there are numerous foreign manufacturers or exporters from the same country or territory, or a large number of product types subject to the requested application of anti-dumping or countervailing measures, the investigation body may limit the scope of the investigation by applying the sampling method.

2. The sampling for investigation shall be conducted based on information on the volume, quantity, and types of goods subject to anti-dumping or countervailing investigation that are exported to Vietnam, using one of the following methods:

a) Selecting foreign manufacturers or exporters from the same country or territory whose export volume to Vietnam is the largest during the investigation period and which the investigation body can investigate without affecting the investigation time limit as prescribed in Clause 3, Article 70 of the Law on Foreign Trade Management;

b) Selecting foreign manufacturers or exporters from the same country or territory based on statistical data on the types of goods imported into Vietnam that is appropriate and available to the investigation body at the time of sampling.

3. Within 10 days from the expiration of the deadline for submitting responses to the sampling questionnaire, the investigation body shall notify the parties of the sampling decision and the list of foreign manufacturers or exporters selected for sampling, if sampling is conducted. The investigation body may consult in advance with foreign manufacturers or exporters expected to be selected for sampling.

4. The investigation body may consider including additional foreign manufacturers or exporters who have submitted complete and timely responses to the sampling questionnaire into the list of foreign manufacturers or exporters whose samples are selected for investigation, upon their request, provided that such inclusion does not affect the investigation time limit as prescribed in Clause 3, Article 70 of the Law on Foreign Trade Management.

Article 41. Investigation questionnaire for application of anti-dumping and countervailing measures

1. The investigation body shall send the investigation questionnaire to the following related parties:

a) Domestic manufacturers of similar goods;

b) Foreign manufacturers or exporters that export goods under anti-dumping or countervailing investigation to Vietnam, which the investigation body knows;

c) Vietnam-based representatives of the countries or territories that manufacture or export goods under anti-dumping or countervailing investigation (if any);

d) Importers of goods under anti-dumping or countervailing investigation;

dd) Other related parties.

2. The time limit for the investigation body to send the investigation questionnaire to the related parties specified at Points a, d, and dd of Clause 1 of this Article is 20 days from the date the Minister of Industry and Trade issues the investigation decision.

3. The time limit for the investigation body to send the investigation questionnaire to the related parties specified at Points b and c of Clause 1 of this Article is 10 days from the date of the notification of sampling by the investigation body under Clause 3, Article 40 of this Decree.

4. The deadline for related parties to submit responses to the investigation questionnaire shall be 30 days from the date of receipt of the investigation questionnaire. When necessary or when related parties make a written request for extension of this time limit for a plausible reason, the investigation body may extend such time limit for another 30 days at most.

5. A questionnaire shall be considered having reached the recipient after 7 days from the date it is sent by the investigation body. The sending date shall be determined based on the postmark or the date the investigation body publicly posts the investigation questionnaire on its portal.

Sub-section 3.

APPLICATION OF ANTI-DUMPING MEASURES OR COUNTERVAILING MEASURES

Article 42. Imposition of provisional anti-dumping duties and countervailing duties

1. The imposition of provisional anti-dumping duties or countervailing duties, duty rates, time limit for duty imposition, and extension of the time limit for duty imposition must comply with Clause 1, Article 81, and Clause 1, Article 89, of the Law on Foreign Trade Management.

2. A decision on imposition of provisional anti-dumping duties or countervailing duties must have the following contents:

a) Description of imported goods subject to anti-dumping or countervailing duty imposition, including names, basic characteristics and goods heading according to Vietnam’s List of Exports and Imports;

b) Names and other necessary information of the manufacturers or exporters of goods subject to duty imposition;

c) Name of the country that manufactures or exports goods subject to duty imposition;

d) Provisional duty rates;

dd) Effect of and time limit for duty imposition;

e) Procedures and dossiers for inspection and duty imposition.

3. Provisional anti-dumping or countervailing duties may be applied no fewer than 60 days after the date the Minister of Industry and Trade decides to launch an investigation.

4. If provisional anti-dumping duties or countervailing duties are applied at a rate lower than the dumping margin or subsidy level stated in the initial conclusion, or if the exporter of goods under investigation into Vietnam requests extension of the time limit for imposition of provisional anti-dumping duties or countervailing duties and the volume or quantity of such goods accounts for a significant proportion in the total volume or quantity of imported goods under investigation, the Minister of Industry and Trade may extend such time limit for another 60 days at most.

Article 43. Application or non-application of official anti-dumping measures and countervailing measures

1. Within 20 days after the investigation body submits to the Minister of Industry and Trade the final conclusion, the Minister of Industry and Trade shall issue a decision whether to apply or not apply official anti-dumping measures and countervailing measures.

2. In case the Minister of Industry and Trade decides to apply official anti-dumping or countervailing measures, the decision on application of official anti-dumping or countervailing measures shall include the following contents:

a) Description of imported goods subject to anti-dumping or countervailing measures, including names, basic characteristics and goods headings according to Vietnam’s List of Exports and Imports;

b) Names and other necessary information of the manufacturers or exporters of the goods subject to official anti-dumping or countervailing measures;

c) Name of the country that manufactures or exports the goods subject to official anti-dumping or countervailing measures;

d) Investigation conclusion on the necessity to apply official anti-dumping or countervailing measures;

dd) Official anti-dumping or countervailing measures;

e) Effect of and time limit for application of official anti-dumping or countervailing measures;

g) Difference between provisional anti-dumping or countervailing duties and the handling of overpaid duties (if any);

h) Procedures and dossiers for inspection and application of official anti-dumping or countervailing measures.

3. In case the Minister of Industry and Trade decides not to apply official anti-dumping or countervailing measures and to terminate the investigation of the anti-dumping or countervailing case pursuant to Clause 3, Article 71 of the Law on Foreign Trade Management, the decision on non-application of official anti-dumping or countervailing measures and termination of the investigation shall include the following contents:

a) Description of imported goods not subject to official anti-dumping or countervailing measures, and for which the investigation is terminated, including names, basic characteristics and goods headings according to Vietnam’s List of Exports and Imports;

b) Name of the country manufacturing or exporting the goods not subject to the official anti-dumping or countervailing measures and for which the investigation is terminated;

c) Investigation conclusion containing one of the grounds as prescribed in Clause 3, Article 71 of the Law on Foreign Trade Management;

d) Guidelines on handling overpaid provisional anti-dumping or countervailing duties (if any).

Article 44. Application of retrospective anti-dumping and countervailing measures

1. The application of retrospective anti-dumping or countervailing measures must comply with Clause 4, Article 81, and Clause 4, Article 89, of the Law on Foreign Trade Management.

2. In cases where the imposition of anti-dumping or countervailing duties with retroactive effect is considered within the 90-day period prior to the application of provisional anti-dumping or countervailing duties as prescribed at Point b, Clause 4, Article 81 and Point b, Clause 4, Article 89 of the Law on Foreign Trade Management, the final investigation conclusion of the investigation body must determine that all of the following conditions are satisfied:

a) The investigated goods are determined to be dumped and/or subsidized;

b) The volume or quantity of the investigated goods imported into Vietnam during the period from the initiation of the investigation to the application of the provisional anti-dumping or countervailing duties increases sharply and suddenly compared to the immediately preceding corresponding period;

c) The investigated goods have previously been subject to dumping that caused injury, or the importer knew or should have known that the foreign manufacturer or exporter was engaged in dumping and that such dumping would cause injury;

d) The injury caused by the dumped or subsidized goods imported in large volume or quantity and within a relatively short period is likely to materially undermine the remedial effect of the official anti-dumping or countervailing duties. The investigation body shall be responsible for providing importers with the opportunity to comment on these matters.

3. If official anti-dumping or countervailing duties are higher than the provisional ones, the retrospective anti-dumping or countervailing duty rates will be the provisional anti-dumping or countervailing duty rates.

4. If official anti-dumping or countervailing duties are lower than the provisional ones, the retrospective anti-dumping or countervailing duty rates will be the official anti-dumping or countervailing duty rates.

Article 45. Application of the measure of commitment in anti-dumping and countervailing investigation cases

1. After the Minister of Industry and Trade issues a decision on the application of provisional anti-dumping or countervailing duties, or upon the issuance of a preliminary investigation conclusion, and no later than 30 days prior to the conclusion of the investigation stage, the requested party or the government of the requested party in a countervailing investigation may submit a written commitment to eliminate or subsidization to the investigation body.

2. A commitment to eliminate the dumping shall include the following contents:

a) Range of goods;

b) Reference prices, including self-determined prices, price increases, and price adjustment plan;

c) Periodical notification obligation;

d) Obligation to cooperate with the investigation body in realizing the commitment to eliminate the dumping or subsidization;

dd) Other relevant contents.

3. A commitment to eliminate the subsidization shall include the following contents:

a) Range of goods;

b) Reference prices, including self-determined prices, price increases, and price adjustment plan;

c) Commitment to eliminate in whole or in part the subsidy programs of the government of the exporting country or territory;

d) Periodical notification obligation;

dd) Obligation to cooperate with the investigation body in realizing the commitment to eliminate the dumping or subsidization;

e) Other relevant contents.

4. Within 30 days after receiving a commitment to eliminate the dumping or subsidization, the investigation body shall consider and report it to the Minister of Industry and Trade for decision.

5. Commitment to eliminate dumping or subsidization shall be reviewed based on the following grounds:

a) Whether its application may remediate the material injury or threat of material injury to the concerned domestic industry or significant impediment to the formation of a domestic industry;

b) Whether the current management mechanism may effectively supervise the realization of the commitment to eliminate dumping or subsidization;

c) Possibility of shirking anti-dumping or countervailing measures through the commitment to eliminate dumping or subsidization;

d) Other related factors.

6. The investigation body shall only review commitment to eliminate dumping or subsidization submitted by the requested party or the government of the requested party in a countervailing investigation that has fully cooperated during the investigation stage. When considering a commitment, the investigation body may request adjustment of its contents. In case the requested party or the government of the requested party in a countervailing investigation accepts the adjustment of the commitment content, a revised written commitment must be submitted to the investigation body.

7. The investigation body shall publicly notify the contents of the commitment to eliminate dumping or subsidization to the related parties as prescribed in Article 11 of this Decree. Related parties may send their written comments within the time limit stated in the notice. Where the contents of the commitment include information requested to be kept confidential, the requested party or the government of the requested party in a countervailing investigation shall ensure confidentiality in accordance with regulations.

Article 46. Decision on commitment to eliminate dumping or subsidization

1. The investigation body shall consider accepting or not accepting the commitment to eliminate dumping or subsidization of the requested party or the government of the requested party in a countervailing investigation. If refusing to accept the commitment, the investigation body shall notify the reason for refusing the commitment to eliminate dumping or subsidization. If accepting the commitment, the Minister of Industry and Trade shall issue a decision to accept the commitment to eliminate dumping or subsidization.

2. The decision and notice referred to in Clause 1 of this Article shall be publicly announced to related parties by appropriate methods.

3. After obtaining the notice of disapproving the commitment referred to in Clause 1 of this Article, the investigation body shall proceed with the investigation and issue a final conclusion.

4. After obtaining the decision on accepting the commitment referred to in Clause 1 of this Article, the investigation body shall proceed with the investigation and issue a final conclusion:

a) If the final conclusion states that no act of dumping or subsidization is committed or there is no material injury or threat of material injury to a domestic industry or significant impediment to the formation of a domestic industry, the Minister of Industry and Trade shall decide to terminate the case and the realization of the commitment;

b) If the final conclusion states that an act of dumping or subsidization is committed or there is a material injury or threat of material injury to a domestic industry or significant impediment to the formation of a domestic industry, the commitment shall continue to be implemented according to its contents.

Article 47. Supervision of the implementation of commitments to eliminate dumping or subsidization

1. In case where the Minister of Industry and Trade decides to accept the commitment to eliminate dumping or subsidization, the requested party or the government of the requested party in the countervailing investigation shall be subject to the investigation body’s supervision regarding the implementation of the commitment to eliminate dumping or subsidization.

2. The investigation body shall supervise the implementation of a commitment to eliminate dumping or subsidization as follows:

a) Request the requested party or the government of the requested party in a countervailing investigation, committing to eliminate dumping or subsidization to periodically provide relevant information and documents on the implementation of the commitment and to substantiate the accuracy of such information and documents;

b) Periodically compare the information provided by the requested party or the government of the requested party in a countervailing investigation committing to eliminate dumping or subsidization concerning the volume, quantity, and price of goods subject to the commitment imported into Vietnam with information provided by the customs office;

c) Conduct on-site investigations of the requested party or the government of the requested party in a countervailing investigation committing to eliminate dumping or subsidization, where necessary;

d) Verify information with importers of the requested party or the government of the requested party in a countervailing investigation committing to eliminate dumping or subsidization;

dd) Other appropriate supervision measures.

Article 48. Violations of the implementation of commitments to eliminate dumping or subsidization

The implementation of commitments to eliminate dumping or subsidization shall be considered being violated in the following cases:

1. The requested party or the government of the requested party in a countervailing investigation, that has committed to eliminate dumping or subsidization, exports the goods under investigation to Vietnam at a price lower than the committed price.

2. The requested party or the government of the requested party in a countervailing investigation committing to eliminate dumping or subsidization fails to periodically provide information on the implementation of the commitment as stipulated in the commitment content.

3. The requested party or the government of the requested party in a countervailing investigation committing to eliminate dumping or subsidization is determined to be non-cooperative with the investigation body as prescribed in Article 9 of this Decree during the verification or on-site investigation of the information the requested party or the government of the requested party commits to provide periodically.

4. The information and data provided by the requested party or the government of the requested party in a countervailing investigation committing to eliminate dumping or subsidization regarding the improper implementation of the commitment.

5. The requested party or the government of the requested party in a countervailing investigation, that has committed to eliminate dumping or subsidization, is determined as acts of shirking of anti-dumping and countervailing measures currently being applied.

6. The requested party or the government of the requested party in a countervailing investigation commits to eliminate dumping or subsidizations, but voluntarily withdraws the commitment without notifying the investigation body as prescribed in Clause 3, Article 49 of this Decree.

7. Other cases.

Article 49. Cancellation of commitments to eliminate dumping or subsidization

Commitments to eliminate dumping or subsidization shall be canceled in the following cases:

1. The requested party or the government of the requested party in a countervailing investigation, that has committed to eliminating dumping or subsidization, breaches the commitment as prescribed in Article 48 of this Decree.

2. The investigation body proposes the cancellation of the commitment to eliminate dumping or subsidization.

3. The requested party or the government of the requested party in a countervailing investigation that has committed to eliminating dumping or subsidization may request the cancellation of the commitment at any time during the validity period of the commitment, provided that the request for cancellation must be made in writing and submitted to the investigation body at least 30 days prior to the intended cancellation.

Article 50. Application of anti-dumping and countervailing measures after cancellation of the implementation of commitments to eliminate dumping or subsidization

1. In case of cancellation of the implementation of commitments to eliminate dumping or subsidization as prescribed in Clause 1, Article 49 of this Decree, the Minister of Industry and Trade shall decide to cancel the implementation of the commitment to eliminate dumping or subsidization and decide to apply official anti-dumping or countervailing measures based on available information, and apply them retrospectively to goods of the requested party or the government of the requested party in a countervailing investigation that has committed to eliminating dumping or subsidization but breached the commitment.

2. In case of cancellation of the implementation of commitments to eliminate dumping or subsidization as prescribed in Clauses 2 and 3, Article 49 of this Decree, the application of anti-dumping or countervailing measures shall be as follows:

a) If the cancellation of the commitment to eliminate dumping or subsidization takes place during the application of provisional anti-dumping or countervailing measures, the Minister of Industry and Trade may decide to cancel the commitment implementation and notify such to the customs office that is applying these provisional measures based on the initial conclusion.

b) If the cancellation of the commitment to eliminate dumping or subsidization takes place during the application of official anti-dumping or countervailing measures, the Minister of Industry and Trade may decide to cancel the commitment implementation and notify such to the customs office that is applying these official measures based on available information and the final conclusion.

Section 4

REVIEW OF THE APPLICATION OF ANTI-DUMPING OR COUNTERVAILING MEASURES

Sub-section 1
CONTENTS OF REVIEW

Article 51. Review at the request of related parties

1. Annually, during the first four years from the effective date of the decision on application of official anti-dumping or countervailing measures or the decision on extension of the application of anti-dumping or countervailing measures, the review-requesting party shall be entitled to submit a dossier of request for review.

2. No later than 60 days before the end of each full year from the effective date of the decision on application of official anti-dumping or countervailing measures or the decision on extension of the application of anti-dumping or countervailing measures, the investigation body shall notify the receipt of dossiers of request for review.

3. Within 30 days from the date of notification by the investigation body under Clause 2 of this Article, the review-requesting party shall have the right to submit a dossier of request for review.

4. The investigation body shall review one or more of the following contents, based on the contents requested by the related party:

a) Dumping margin, level of subsidy of one, some or all of the foreign manufacturers and/or exporters;

b) Injury to a domestic industry and the causal relationship between the dumping or subsidy of foreign manufacturers and/or exporters and such injury to the domestic industry;

c) Changes in business operations of foreign manufacturers or exporters leading to changes in the name or structure of the foreign manufacturers or exporters.

Article 52. Sunset review of the application of anti-dumping or countervailing measures

1. No later than 15 months before the expiry of the anti-dumping or countervailing measures, the investigation body shall notify the receipt of dossiers of request for sunset review.

2. Within 30 days from the date of notification by the investigation body, the review-requesting party may submit a dossier of request for sunset review of the application of anti-dumping or countervailing measures.

3. If the dossier of request for sunset review meets the requirements prescribed in Clause 5, Article 57 of this Decree, the investigation body shall conduct a review of the following contents:

a) The possibility of continuation or recurrence of imported goods being dumped or subsidized if anti-dumping or countervailing measures are terminated;

b) The possibility of continuation or recurrence of material injury or threat of material injury to the domestic industry if the anti-dumping or countervailing measures are terminated;

c) The socio-economic impact of the continuation of the application of anti-dumping or countervailing measures.

4. Unless otherwise provided in Clause 3 of this Article, the investigation body shall conduct a review of the following contents:

a) The volume or quantity of goods subject to anti-dumping or countervailing measures imported into Vietnam since the application of the measures;

b) The necessity, reasonableness, effectiveness, and socio-economic impact of the anti-dumping or countervailing measures.

Article 53. Review of new exporters

1. The review-requesting party, being a new exporter, may submit a dossier of request for review at any time after the official anti-dumping or countervailing duties take effect.

2. The investigation body shall conduct a review of new exporters covering the following contents:

a) Separate dumping margin or level of subsidy of the new exporter;

b) Conditions for application of anti-dumping or countervailing measures to the new exporter.

Article 54. Review of the scope of goods subject to anti-dumping and countervailing measures

1. The review-requesting party may submit a dossier of request for review at any time after the official anti-dumping or countervailing duties take effect.

2. The investigation body shall conduct a review of the scope of goods subject to anti-dumping and countervailing measures covering the following contents:

a) Comparison between the imported goods requested for review and the similar goods produced domestically;

b) The production capacity of the domestic industry to manufacture similar goods.

Article 55. Changed circumstance review in the application of countervailing measures

1. In the case of a changed circumstance review, the requesting party may submit a dossier of request for review at any time after the countervailing measures officially come into effect.

2. The investigation body shall conduct the changed circumstance review, including the contents specified in Clause 5, Article 90 of the Law on Foreign Trade Management.

Sub-section 2.

THE ORDER AND PROCEDURES FOR REVIEWING THE APPLICATION OF ANTI-DUMPING MEASURES AND COUNTERVAILING MEASURES

Article 56. Requesting party for the review of the application of anti-dumping or countervailing measures

Requesting party for the review of the application of anti-dumping or countervailing measures under this Decree includes:

1. Domestic manufacturers prescribed in Clause 2, Article 79, and Clause 2, Article 87, of the Law on Foreign Trade Management may submit a dossier of request for review under Articles 51, 52 and 55 of this Decree.

2. Foreign manufacturers and exporters prescribed in Clause 1, Article 74, of the Law on Foreign Trade Management may submit a dossier of request for review under Articles 51, 52, 53, 54 and 55 of this Decree.

3. Importers of goods subject to anti-dumping or countervailing measures as defined in Clause 1, Article 74 of the Law on Foreign Trade Management may submit a dossier of request for review under Articles 51, 52, 54, and 55 of this Decree.

4. The government of foreign manufacturers or exporters as defined in Clause 1, Article 74 of the Law on Foreign Trade Management may submit a dossier of request for review of the application of countervailing measures against the manufacturers or exporters of that country under Article 55 of this Decree.

Article 57. Dossiers of request for review of the application of anti-dumping or countervailing measures

1. A dossier of request for review of the application of anti-dumping or countervailing measures must comprise related information, papers, documents and evidence as follows:

a) Name, address of and other necessary information about the review-requesting party;

b) Information on the anti-dumping or countervailing measures for which the review is requested;

c) Specific issues to be reviewed;

d) Additional information as specified in Clauses 2, 3, 4, 5, 6, and 7 of this Article, corresponding to each specific review case.

2. In case of review as prescribed at Point a, Clause 4, Article 51 of this Decree, the dossier of request for review shall include the following additional information:

a) Name, address, and other necessary information of the foreign manufacturer or exporter requested for review in case the requesting party is a domestic manufacturer or importer;

b) Information on the export situation of goods subject to the application of anti-dumping or countervailing measures by the foreign manufacturer or exporter to Vietnam for at least 01 year prior to the date of submission of the dossier of request for review;

c) Information on the production and sales situation of goods subject to the application of anti-dumping or countervailing measures by the foreign manufacturer or exporter in the domestic market of the exporting country (if any) for at least 01 year prior to the date of submission of the dossier of request for review;

d) Information on subsidies, subsidy value, and subsidy level in case the dossier of request for review concerns the subsidy level;

dd) Other information determined as necessary by the requesting party.

3. In case of review as prescribed at Point b, Clause 4, Article 51 of this Decree, the dossier of request for review shall include the following additional information:

a) Information on injury to the domestic industry;

b) Information on the causal relationship between dumping or subsidization and injury to the domestic industry;

c) Other information determined as necessary by the requesting party.

4. In case of review as prescribed at Point c, Clause 4, Article 51 of this Decree, the dossier of request for review shall include the following additional information:

a) Lawful documents under the laws of the host country regarding changes in the information of the company requesting the review;

b) Information and documents demonstrating the changes or non-changes in the organizational structure and production capacity after the structural change of the company;

c) Other information determined as necessary by the requesting party.

5. In case of review as prescribed in Article 52 of this Decree, the dossier of request for review shall include the following additional information:

a) Information, data, and evidence for determining the representation of the domestic industry, including a list of organizations and individuals manufacturing similar goods in Vietnam, and the volume or quantity of similar goods manufactured by such organizations and individuals;

b) Names and addresses of institutional or individual manufacturers of similar goods that support or oppose the case (if any);

c) Information on the volume, quantity, and value of imported goods subject to the application of anti-dumping or countervailing measures during the 12-month period prior to the date of submission of the dossier;

d) Information, data, and evidence on the possibility of imported goods being dumped or subsidized if anti-dumping or countervailing measures are terminated;

dd) Information, data, and evidence on the possibility of continuation or recurrence of material injury or threat of material injury to the domestic industry if the anti-dumping or countervailing measures are terminated;

e) Other information determined as necessary by the requesting party.

6. In case of review as prescribed in Article 54 of this Decree, the dossier of request for review shall include the following additional information:

a) Information and detailed description of the goods requested for review;

b) Information and documents evidencing that the application of anti-dumping or countervailing measures to the goods described at Point a of this Clause is inappropriate;

c) Other information determined as necessary by the requesting party.

7. In case of review as prescribed in Article 55 of this Decree, the dossier of request for review shall include the following additional information:

a) Information and documents demonstrating changes after the effectiveness of the countervailing measure;

b) Request for adjustment of the countervailing measure by the requesting party;

c) Other information determined as necessary by the requesting party.

Article 58. Appraisal of dossiers of request for review of the application of anti-dumping or countervailing measures

1. The review of the completeness and validity of the dossier of request for review of the application of anti-dumping or countervailing measures shall be carried out in accordance with Article 21 of this Decree.

2. Within 30 days from the date the investigation body issues a notice of receipt of a complete and valid dossier of request for review, the investigation body shall appraise the contents of the dossier and submit it to the Minister of Industry and Trade for consideration and decision on whether to conduct a review of the anti-dumping or countervailing measure. The appraisal of the contents of the dossier of request for review shall include:

a) Determination of the eligibility of the organization or individual submitting the dossier in accordance with regulations;

b) Determination that the information, documents and evidence contained in the dossier are consistent with the contents of the requested review.

Article 59. Sunset review in case no dossier of request for review is submitted or the submitted dossier is incomplete or invalid

1. In case no dossier of request for sunset review is submitted or the submitted dossier of request for sunset review is incomplete or invalid, the sunset review of anti-dumping or countervailing measures shall be carried out in accordance with Clause 2, Article 82 and Clause 2, Article 90 of the Law on Foreign Trade Management.

2. The contents of the sunset review shall be in accordance with Clause 4, Article 52 of this Decree.

Article 60. Decisions on review of the application of anti-dumping measures or countervailing measures

A decision issued by the Minister of Industry and Trade on review of the application of anti-dumping or countervailing measures must have the following contents:

1. Basic information on the application of anti-dumping or countervailing measures.

2. Grounds for conducting the review.

3. Information on the review-requesting party, except for the case prescribed in Article 59 of this Decree.

4. Specific review contents.

5. Review period.

6. Review order and procedures.

Article 61. Review questionnaire for the application of anti-dumping or countervailing measures

1. Within 20 days after the Minister of Industry and Trade issues a review decision, the investigation body shall send the review questionnaire to related parties.

2. Within 30 days after receiving the review questionnaire, the related parties shall return the fully filled out questionnaire to the investigation body. When necessary or when related parties make a written request for extension of this time limit for a plausible reason, the investigation body may extend such time limit for another 30 days at most.

3. A questionnaire shall be considered having reached the recipient after 7 days from the date it is sent by the investigation body. The sending date shall be determined based on the postmark or the date the investigation body publicly posts the review questionnaire on its portal.

Article 62. Decision on the result of the review of the application of anti-dumping or countervailing measures

1. Within 20 days from the date the investigation body submits the review conclusion, the Minister of Industry and Trade shall issue a decision on the result of the review of the application of anti-dumping or countervailing measures.

2. Based on the review conclusion upon request of a related party submitted by the investigation body, the Minister of Industry and Trade shall issue a decision including one or more of the following contents:

a) Adjustment or non-adjustment of the application of anti-dumping or countervailing measures;

b) Termination of the application of anti-dumping or countervailing measures in case the review conclusion determines that the anti-dumping or countervailing measures are no longer necessary to remediate the injury to a domestic industry or that there is insufficient basis to determine that the domestic industry would continue to suffer or would face recurrence of injury if the anti-dumping or countervailing measures are terminated;

c) Adjustment of the names, relationships of the related manufacturers or exporters, and the applicable anti-dumping or countervailing duties.

3. Based on the review conclusion regarding new exporters submitted by the investigation body, the Minister of Industry and Trade shall issue a decision including one or more of the following contents:

a) Application of separate anti-dumping or countervailing measures to new exporters;

b) Continuation of the application of the anti-dumping or countervailing measures currently in force in case the new exporter withdraws the dossier of request for review or does not cooperate in the review process.

4. Based on the review conclusion regarding the scope of goods submitted by the investigation body, the Minister of Industry and Trade shall issue a decision including one or more of the following contents:

a) Non-adjustment to the scope of goods subject to the application of anti-dumping or countervailing measures;

b) Narrowing of the scope of goods subject to the application of anti-dumping or countervailing measures.

5. Based on the changed circumstance review conclusion submitted by the investigation body, the Minister of Industry and Trade shall issue a decision including one or more of the following contents:

a) Termination of the application of countervailing measures in case the review conclusion determines that the countervailing measures are no longer necessary to remediate the injury to a domestic industry or that there is insufficient basis to determine that the domestic industry would continue to suffer or would face recurrence of injury if the countervailing measures are terminated;

b) Adjustment or non-adjustment of the application of countervailing measures;

c) Adjustment of the names, relationships of the related manufacturers or exporters, and the applicable countervailing duties.

6. Based on the sunset review conclusion submitted by the investigation body, the Minister of Industry and Trade shall issue a decision including one or more of the following contents:

a) Adjustment or non-adjustment of the application of anti-dumping or countervailing measures;

b) Extension of the application of anti-dumping or countervailing measures if the sunset review conclusion determines that the non-extension of anti-dumping or countervailing measures may result in the continuation or recurrence of goods dumping or subsidizing acts which cause material injury to a domestic industry.

c) Non-extension of the application of anti-dumping or countervailing measures in the case specified in Clause 7 of this Article;

d) Narrowing of the scope of goods subject to the application of anti-dumping or countervailing measures.

7. The Minister of Industry and Trade shall decide not to extend the application of anti-dumping or countervailing measures where the sunset review conclusion submitted by the investigation body contains one or more of the following determinations:

a) The sunset review conclusion determines that the domestic manufacturer failed to submit a dossier of request for sunset review to extend the anti-dumping or countervailing measures within the prescribed time limit;

b) The sunset review conclusion determines that the dossier of request for sunset review submitted to extend the anti-dumping or countervailing measures is incomplete and invalid within the prescribed time limit;

c) The sunset review conclusion determines that there is insufficient basis to conclude that dumping or subsidization would likely continue or recur;

d) The sunset review conclusion determines that there is insufficient basis to conclude that the domestic industry would continue to suffer or face recurrence of material injury if the anti-dumping or countervailing measures are not extended.

8. The adjustment of the application of anti-dumping or countervailing measures specified at Point a and Point c, Clause 2; Point a and Point b, Clause 3; Point a and Point b, Clause 4; and Point b and Point c, Clause 5 of this Article will not affect the time limit for the application of anti-dumping or countervailing measures currently in force.

Chapter III

INVESTIGATION, APPLICATION AND REVIEW OF THE APPLICATION OF SAFEGUARD MEASURES

Section 1

PROCEDURES AND PROCESS FOR INVESTIGATION FOR APPLICATION OF SAFEGUARD MEASURES

Sub-section 1.

DOSSIER OF REQUEST

Article 63. Dossiers of request for investigation for application of safeguard measures

A dossier of request for investigation for application of safeguard measures must comprise related papers, documents and evidence as follows:

1. Name, address and other necessary information of the representative of the concerned domestic industry.

2. Information, data and evidence for identification of representatives of the domestic industry, covering a list of domestic institutional or individual manufacturers of similar goods or directly competitive goods; and volume and quantity of the manufactured similar goods or directly competitive goods.

3. Names and addresses of institutional or individual manufacturers of similar goods or directly competitive goods that support or oppose the case.

4. Information describing imported goods requested for investigation for application of safeguard measures, including scientific names, trade names and common names; composition; basic physical and chemical characteristics; main use purposes; manufacturing process; applicable international and Vietnamese standards and regulations (if any); goods headings according to Vietnam’s List of Exports and Imports.

5. Information describing similar goods or directly competitive goods of the domestic industry, covering scientific names, trade names and common names; basic physical and chemical characteristics; main use purpose; manufacturing process; and applicable international and Vietnamese standards and technical regulations (if any).

6. Information on the volume or quantity and value of imported goods as prescribed in Clause 4 of this Article for at least 3 consecutive years before the date of submission of the dossier of request for application of safeguard measures.

7. Information, data, and evidence on serious injury or threat of serious injury to the domestic industry during a period of at least 3 years prior to the submission of the dossier of request for application of safeguard measures, or from the commencement of operations of the domestic industry in cases where the domestic industry has been in operation for less than 3 years.

8. Information, data and evidence on the causal relationship between the import of the goods specified in Clause 4 of this Article and serious injury or threat of serious injury to the concerned domestic industry.

9. Specific requirements on the application of safeguard measures, time limit and extent of application.

Article 64. Appraisal of dossiers of request for investigation for application of safeguard measures

1. The review of the completeness and validity of the dossier of request for investigation for application of safeguard measures shall be carried out in accordance with Article 20 of this Decree.

2. The appraisal of a dossier of request for investigation for application of safeguard measures, and issuance of an investigation decision must comply with Clause 2, Article 70 of the Law on Foreign Trade Management.

3. Appraisal contents of a dossier of request for investigation for application of safeguard measures include:

a) Determination of the dossier submitter’s eligibility to act as a lawful representative of the concerned domestic industry according to regulations;

b) Determination of evidence that the excessively imported goods cause or threaten to cause serious injury to the concerned domestic industry.

4. Organizations and individuals shall be considered as a lawful representative of the concerned domestic industry specified at Point a, Clause 3 of this Article, if the total volume or quantity of similar goods or directly competitive goods of the domestic manufacturers that submit the dossier and domestic manufacturers that support the investigation request accounts for at least 25% of the aggregate volume or quantity of domestically manufactured similar goods or directly competitive goods.

5. In case the investigation body possesses clear evidence that the goods are being excessively imported into Vietnam causing or threatening to cause serious injury to the domestic industry, the Minister of Industry and Trade shall decide to initiate an investigation for application of safeguard measures.

Sub-section 2.

INVESTIGATION FOR APPLICATION OF SAFEGUARD MEASURES

Article 65. Decisions on investigation for application of safeguard measures

A decision issued by the Minister of Industry and Trade on investigation for application of safeguard measures must have the following contents:

1. Detailed information on imported goods under investigation, goods headings according to Vietnam’s List of Exports and Imports.

2. Names of domestic manufacturers (being individuals or organizations) of similar goods or directly competitive goods that request application of safeguard measures.

3. Brief information about the increase in the import of goods under investigation causing or threatening to cause serious injury to the concerned domestic industry.

4. Procedures and process for investigation for application of safeguard measures.

Article 66. Investigation period for determination of injury to the domestic industry in investigation cases for application of safeguard measures

The investigation period for determination of serious injury or threat of serious injury to a domestic industry is at least 3 years. If a related party has only operated for under 3 years, the to-be-collected data will be those of the entire operation time of such party.

Article 67. Questionnaire for investigation for application of safeguard measures

1. Within 20 days after the Minister of Industry and Trade issues an investigation decision, the investigation body shall send questionnaires to related parties, including:

a) Domestic manufacturers of similar goods or directly competitive goods;

b) Importers of goods under investigation for application of trade remedies;

c) Other relevant parties.

2. The deadline for related parties to submit responses to the investigation questionnaire shall be 30 days from the date of receipt of the investigation questionnaire. When necessary or when related parties make a written request for extension of this time limit for a plausible reason, the investigation body may extend such time limit for another 30 days at most.

3. A questionnaire shall be considered having reached the recipient after 7 days from the date it is sent by the investigation body. The sending date shall be determined based on the postmark or the date the investigation body publicly posts the investigation questionnaire on its portal.

Article 68. Determination of serious injury and threat of serious injury to the domestic industry in investigation cases for application of safeguard measures

1. Serious injury to a domestic industry shall be determined on the basis of considering the following factors:

a) The increase in the volume or quantity of investigated goods which are imported into Vietnam in absolute terms or in relation to the volume or quantity of similar goods or directly competitive goods domestically manufactured;

b) The increase in the volume or quantity of investigated goods prescribed at Point a of this Clause under the impact of unanticipated changes;

c) The impacts of the prices of imported goods under investigation on the prices of domestically manufactured similar goods or directly competitive goods;

d) The impacts of the increased import of goods under investigation on the domestic industry in terms of market share, revenue, sales, output, productivity, design capacity, capacity utilization rate, profit, employment, inventories and other relevant factors deemed appropriate by the investigation body.

2. The threat of serious injury to a domestic industry shall be determined on the basis of considering the following factors:

a) The increase in the volume or quantity of investigated goods which are imported into Vietnam in absolute terms or in relation to the volume or quantity of similar goods or directly competitive goods domestically manufactured;

b) The increase in the volume or quantity of investigated goods prescribed at Point a of this Clause under the impact of unanticipated changes;

c) Whether the capacity of foreign manufacturers or exporters is high enough or likely to significantly increase in the near future, leading to a significant increase in the volume or quantity of imported goods under investigation;

d) Whether the goods excessively imported into Vietnam significantly reduce or depress at a significant level or prevent an significant increase in the selling prices of similar goods or directly competitive goods of the domestic industry, leading to the possibility of an increase in the demand for the imported goods;

dd) Inventory data of goods under investigation;

e) Other related factors.

3. The determination of serious injury or threat of serious injury to a domestic industry shall be based on specific and objective evidence.

Article 69. Determination of the causal relationship between the excessive importation of goods into Vietnam and the injury to the domestic industry in investigation cases for application of safeguard measures

When determining the causal relationship between the excessive importation of the investigated goods into Vietnam and the serious injury or threat of serious injury to the domestic industry, the investigation body shall consider the following factors:

1. The excessive importation of the investigated goods into Vietnam is the principal cause of the serious injury or threat of serious injury to the domestic industry.

2. Other factors, apart from the excessive importation of the investigated goods into Vietnam, which cause or threaten to cause serious injury to the domestic industry, shall not be regarded as effects caused by the excessive importation of such goods, including:

a) The level of decline in consumption demand or change in the form of consumption for domestically manufactured similar goods or directly competitive goods;

b) The quantity or volume of imports of the investigated goods originating from countries and territories not under investigation;

c) Trade restriction policy;

d) Technology development;

dd) Export capacity;

e) Productivity of the domestic industry;

g) Other related factors.

Sub-section 3.

APPLICATION OF SAFEGUARD MEASURES

Article 70. Application of provisional safeguard measures

1. The Minister of Industry and Trade may decide to apply provisional safeguard measures when:

a) Imported goods under investigation record an excessive increase;

b) A domestic industry suffers serious injury or threat of serious injury;

c) The excessive increase in the import prescribed at Point a of this Clause is the cause of serious injury or threat of serious injury to a domestic industry;

d) The late application of safeguard measures will cause serious injury or threatens to cause serious injury to a domestic industry and such injury will be hardly remediable.

2. Provisional safeguard measures may be applied only in the form of additional import duty.

3. A decision of application of provisional safeguard measures must have the following contents:

a) Detailed regulations on imported goods subject to provisional safeguard measures, goods headings according to Vietnam’s List of Exports and Imports;

b) A list of countries and territories excluded from application of provisional safeguard measures;

c) Provisional safeguard duty rates;

d) Effect and time limit for application of provisional safeguard measures;

dd) Investigation conclusion containing information and evidence proving that the increase in the import of goods under investigation causing or threatening to cause serious injury to the concerned domestic industry;

e) Procedures and dossiers for inspection and application of provisional safeguard measures.

4. When necessary, the Minister of Industry and Trade may decide to terminate the application of provisional safeguard measures ahead of schedule.

Article 71. Application or non-application of official safeguard measures

1. Within 20 days after the investigation body submits to the Minister of Industry and Trade the final conclusion, the Minister of Industry and Trade shall issue a decision whether to apply or not apply official safeguard measures.

2. In case the Minister of Industry and Trade decides to apply official safeguard measures, the decision on application of official safeguard measures shall include the following contents:

a) Description of imported goods subject to official safeguard measures, including names, basic characteristics and goods headings according to Vietnam’s List of Exports and Imports;

b) A list of countries and territories excluded from application of official safeguard measures;

c) Official safeguard measures;

d) Effect and time limit for application of official safeguard measures;

dd) Difference between provisional safeguard duties and the handling of overpaid duties (if any);

e) Investigation conclusion on the necessity to apply official safeguard measures;

g) Procedures and dossiers for inspection and application of official safeguard measures.

3. In case the Minister of Industry and Trade decides not to apply official safeguard measures and terminate the investigation of the safeguard case under Clause 3, Article 71 of the Law on Foreign Trade Management, the decision on non-application of official safeguard measures and termination of investigation of the safeguard case shall include the following contents:

a) Description of imported goods not subject to official safeguard measures, and for which the investigation is terminated, including names, basic characteristics and goods headings according to Vietnam’s List of Exports and Imports;

b) Investigation conclusion containing one of the grounds as prescribed in Clause 3, Article 71 of the Law on Foreign Trade Management;

c) Instructions for handling of overpaid provisional safeguard duties (if any).

Article 72. Application of safeguard measures in the form of import quota or tariff quota

In case the Minister of Industry and Trade decides to apply official safeguard measures in the form of import quota or tariff quota:

1. The volume or quantity of import quota or tariff quota must not be lower than the average volume or quantity of imported goods in the last 3 years with available import data, unless the investigation body can maintain with explicit evidence that a lower volume or quantity of quota is necessary for preventing or remediating serious injury or threat of serious injury.

2. The Ministry of Industry and Trade shall allocate quotas among the countries or territories exporting goods to Vietnam based on their market shares calculated on the total volume or quantity of goods in the last 3 years with available import data, taking into account special factors that affect trade in goods activities, except for the cases specified in Clause 3 of this Article.

3. In case the volume or quantity of imported goods from one or several countries or territories increases disproportionately in comparison to the increase in total volume of imported goods under investigation during a 3-year period, the Ministry of Industry and Trade may apply a lower quota volume than the average of the latest 3 years or may allocate quota volumes to each country or territory without basing such allocation on the market shares of the countries and territories exporting goods to Vietnam in the latest 3 years.

4. The application of Clause 3 of this Article must be based on legitimate grounds and conditions to be considered after reaching agreement with the relevant countries or territories, in order to ensure fairness to all countries and territories whose goods are subject to safeguard measures when exported to Vietnam. The allocation of such quota volumes shall not apply in cases where the investigation body determines that there is a threat of serious injury in the safeguard case.

5. In case the application of import quota or tariff quota lasts for more than one year, the Ministry of Industry and Trade shall loosen the import quota or tariff quota applied for subsequent years.

6. The customs office shall monitor and deduct the application of safeguard measures in the form of import quota or tariff quota

7. The Ministry of Industry and Trade shall consult the countries or territories that have a major volume or quantity of goods imported into Vietnam and are allocated quotas.

Section 2

REVIEW OF THE APPLICATION OF SAFEGUARD MEASURES

Sub-section 1.

CONTENT OF REVIEW

Article 73. Interim review of the application of safeguard measures

1. If the duration of application of safeguard measures, including the duration of application of provisional safeguard measures, lasts more than 3 years, the Minister of Industry and Trade shall decide to carry out an interim review of the application of safeguard measures before the expiry of half of the application period.

2. At least 6 months before the expiry of half of the application period of safeguard measures, the investigation body shall announce its receipt of dossiers of request for interim review of application of safeguard measures.

3. The interim review of the application of safeguard measures must include the following contents:

a) Identification of information and data on the quantity and volume of the goods subject to safeguard measures imported into Vietnam since the application of the safeguard measures;

b) Assessment of production and business activities of a domestic industry since the safeguard measure was applied;

c) Possibility of mitigating the level or terminating the application of the safeguard measures.

Article 74. Sunset review of the application of safeguard measures

1. At least 15 months before the expiry of the application period of safeguard measures, the investigation body shall announce its receipt of dossiers of request for review of application of safeguard measures.

2. Within 30 days from the date the investigation body makes the above announcement, organizations and individuals representing the domestic industry may submit a dossier of request for sunset review of the application of safeguard measures.

3. The Minister of Industry and Trade shall consider and decide to conduct the sunset review of the application of safeguard measures upon receipt of a complete and valid dossier requesting the extension of the application of safeguard measures submitted by an organization or individual manufacturing similar goods or directly competitive goods representing the domestic industry.

4. Organizations and individuals submitting a dossier requesting the extension of the application of safeguard measures shall be considered as a representative of the concerned domestic industry, if the total volume or quantity of similar goods or directly competitive goods of the domestic manufacturers that submit the dossier and domestic manufacturers that support the sunset review accounts for at least 25% of the aggregate volume or quantity of domestically manufactured similar goods or directly competitive goods.

5. The sunset review of the application of safeguard measures must include the following contents:

a) Identification of information and data on the quantity and volume of the goods subject to safeguard measures imported into Vietnam since the application of the safeguard measures;

b) Assessment of production and business activities of a domestic industry since the safeguard measure was applied;

c) Assessment of the adjustments of the domestic industry since the safeguard measure was applied;

d) Assessment of whether the continuation of the safeguard measures is necessary or unnecessary to prevent or remedy serious injury to the domestic industry.

Article 75. Review of the range of goods subject to safeguard measures

1. The review-requesting party may submit a dossier of request for review at any time after the official safeguard measures take effect.

2. The Minister of Industry and Trade shall consider deciding to conduct a review of the range of goods subject to safeguard measures upon its receipt of the dossier of request for review submitted by the importer of goods subject to safeguard measures as prescribed at Point a, Clause 3, Article 96 of the Law on Foreign Trade Management.

3. The review of the range of goods subject to safeguard measures must include the following contents:

a) Comparison of imports and similar goods or directly competitive goods manufactured domestically;

b) Substitutability of imported goods;

c) A domestic industry’s capacity to manufacture similar goods or directly competitive goods.

Sub-section 2.

PROCEDURES AND PROCESS FOR REVIEW OF THE APPLICATION OF SAFEGUARD MEASURES

Article 76. Dossiers of request for review of the application of safeguard measures

1. A dossier of request for review of the application of safeguard measures must comprise related papers, documents and evidence as follows:

a) Name, address of and other necessary information about the review-requesting party;

b) Information about the safeguard measures to be reviewed;

c) Specific issues to be reviewed;

d) Other information as specified in Clauses 2 and 3 of this Article 11.

2. In case of sunset review of the application of safeguard measures as prescribed in Article 74 of this Decree, the dossier of request for review shall include the following additional information:

a) Information and data on the quantity and volume of the goods subject to safeguard measures imported into Vietnam since the application of the safeguard measures;

b) Information and data on production and business activities of a domestic industry since the safeguard measure was applied;

c) Information and data on the adjustments of the domestic industry since the safeguard measure was applied;

d) Information, data and evidence proving that the continuation of the safeguard measures is necessary to prevent or remedy serious injury to the domestic industry;

dd) Other information determined as necessary by the requesting party.

3. In case of review as prescribed in Article 75 of this Decree, the dossier of request for review shall include the following additional information:

a) Information, documents, and evidence relating to the range of goods subject to the review request;

b) Comparison of imports and similar goods or directly competitive goods manufactured domestically;

c) Information assessing the substitutability of imported goods;

d) Information and data on the domestic industry’s capacity to manufacture similar goods or directly competitive goods;

dd) Other information determined as necessary by the requesting party.

Article 77. Appraisal of dossiers of request for review of the application of safeguard measures

1. The review of the completeness and validity of the dossier of request for review of the application of safeguard measures shall be carried out in accordance with Article 21 of this Decree.

2. Within 30 days from the date the investigation body issues a notice of receipt of a complete and valid dossier of request for review, the investigation body shall appraise the contents of the dossier and submit it to the Minister of Industry and Trade for consideration and decision on reviewing the application of safeguard measures. The appraisal of the contents of the dossier of request for review of the application of safeguard measures shall include:

a) Determination of the eligibility of the organization or individual submitting the dossier in accordance with regulations;

b) Determination that the information, documents and evidence contained in the dossier are consistent with the contents of the requested review.

Article 78. Decisions on review of the application of safeguard measures

The decision on review of the application of safeguard measures must include the following contents:

1. Basic information about the application of safeguard measures.

2. Grounds for review.

3. Information about the review requester.

4. Specific review contents.

5. Review period.

6. Review order and procedures.

Article 79. Investigation questionnaire for review of the application of safeguard measures

1. Within 20 days after the Minister of Industry and Trade issues a review decision on the application of safeguard measures, the investigation body shall send the review investigation questionnaire to related parties.

2. Within 30 days after receiving the investigation questionnaires for review, the related parties shall return the fully filled out questionnaires to the investigation body. This time limit may be extended by the investigation body for 30 days at most based on the written request for extension.

3. A questionnaire shall be considered having reached the recipient after 7 days from the date it is sent by the investigation body. The sending date shall be determined based on the postmark or the date the investigation body publicly posts the review investigation questionnaire on its portal.

Article 80. Decisions on results of review of the application of safeguard measures

1. Based on the investigation body’s interim review conclusion, the Minister of Industry and Trade shall issue one of the following decisions on:

a) Continuation of the application of safeguard measures;

b) Reduction of the application of safeguard measures;

c) Termination of the application of safeguard measures.

2. Based on the investigation body’s sunset review conclusion, the Minister of Industry and Trade shall issue one of the following decisions on:

a) Extension or non-extension of the application of safeguard measures;

b) Adjustment of the level of application of safeguard measures;

c) Adjustment of the scope of application of safeguard measures.

3. Based on the investigation body’s conclusion on review of the range of goods, the Minister of Industry and Trade shall issue one of the following decisions on:

a) Non-adjustment of the range of goods subject to safeguard measures;

b) Narrowing of the range of goods subject to safeguard measures.

Chapter IV

INVESTIGATION FOR COMBAT OF THE SHIRKING OF TRADE REMEDIES

Section 1

ACTS AIMING TO SHIRK TRADE REMEDIES

Article 81. Expansion of the scope of application of trade remedies

The scope of application of trade remedies may be expanded for goods shirking trade remedies as follows:

1. Goods shirking trade remedies through manufacture or assembly in Vietnam.

2. Goods shirking trade remedies through manufacture or assembly in a third country.

3. Goods shirking trade remedies through negligible changes in goods subject to trade remedies.

4. Goods shirking trade remedies through transshipment via one or more other countries.

5. Goods shirking trade remedies through changes in manufacturers in order to benefit from differences in the level of application of trade remedies.

Article 82. Shirking trade remedies through manufacture or assembly in Vietnam

1. The goods specified in Clause 1, Article 81 of this Decree shall be considered shirking trade remedies through manufacture or assembly in Vietnam if the following conditions are fully met:

a) Goods similar to those subject to trade remedies are manufactured or assembled in Vietnam from raw materials, materials, components or supplies imported from the country subject to trade remedies and are sold in Vietnam at a price lower than the normal price during the initial investigation period of the goods subject to trade remedies;

b) Manufacture and assembly activities have significantly increased in Vietnam after the Minister of Industry and Trade decides on applying the initial trade remedy;

c) Raw materials, materials, components or supplies originating from the country subject to the initial trade remedy account for at least 60% of the total value of raw materials, materials, components or supplies used for the manufacture or assembly of similar goods to those subject to the initial trade remedy in Vietnam;

d) The added value from the manufacture or assembly in Vietnam of goods similar to those subject to the initial trade remedy is insignificant.

2. The insignificant added value from manufacture or assembly in Vietnam of goods similar to those subject to the initial trade remedy as stipulated at Point d, Clause 1 of this Article shall be based on the following factors:

a) The ratio of added value from manufacture or assembly in Vietnam accounts for less than 25% of the total production cost of similar goods;

b) The level of investment for production activities in Vietnam is insignificant;

c) The level of research and development of the product in Vietnam is insignificant;

d) The additional production equipment invested in Vietnam is insignificant;

dd) The differentiating factors constituting the production process of the goods in Vietnam are insignificant.

Article 83. Shirking trade remedies through manufacture or assembly in a third country

The goods specified in Clause 2, Article 81 of this Decree shall be considered shirking trade remedies if the following conditions are fully met:

1. The price of the goods subject to investigation for shirking trade remedies exported from a third country to Vietnam is lower than the normal price during the initial investigation period of the goods subject to trade remedies.

2. The volume or quantity of goods imported into Vietnam has significantly increased after the Minister of Industry and Trade decides on conducting an investigation, or decides on applying the initial trade remedy.

3. Goods being raw materials, materials, components or supplies originating from the country subject to initial trade remedy account for at least 60% of the total value of raw materials, materials, components or supplies of the goods subject to investigation for shirking trade remedies exported to Vietnam.

4. Goods subject to investigation for shirking trade remedies are considered as not originating from a third country in accordance with the non-preferential rules of origin as prescribed in the applicable legal normative documents.

Article 84. Shirking trade remedies through negligible changes in goods subject to trade remedies

1. The goods specified in Clause 3, Article 81 of this Decree shall be considered shirking trade remedies if the following conditions are fully met:

a) Their import volume or quantity has significantly increased compared to the volume or quantity of goods subject to trade remedies imported into Vietnam after the Minister of Industry and Trade decides on conducting an investigation, or decides on applying the initial trade remedy;

b) The volume or quantity of imported goods has significantly increased after the Minister of Industry and Trade decides on conducting an investigation, or applying the initial trade remedy.

2. Goods subject to investigation for shirking trade remedies shall be considered as having negligible changes compared to the goods subject to trade remedies based on the assessment of the following factors:

a) General physical and chemical characteristics;

b) End-use purposes;

c) Interchangeability;

d) Production process;

dd) Production costs;

e) Consumer purchasing trends;

g) Marketing methods;

h) Commercial and distribution channels;

i) Trade patterns;

k) Price changes.

Article 85. Shirking trade remedies through transshipment via one or more other countries

The goods specified in Clause 4, Article 81 of this Decree shall be considered shirking trade remedies through transshipment via one or more other countries if the following conditions are fully met:

1. The goods subject to trade remedies are produced by manufacturers or exporters currently subject to the initial trade remedy.

2. The goods are imported into Vietnam from a country or territory not subject to the initial trade remedy.

3. The goods originate from a country or territory currently subject to the initial trade remedy.

4. The goods have been transshipped through one or several other countries or territories before being imported into Vietnam.

Article 86. Shirking trade remedies through changes in manufacturers in order to benefit from differences in the level of application of trade remedies

The goods specified in Clause 5, Article 81 of this Decree shall be considered shirking trade remedies through changes in manufacturers in order to benefit from differences in the level of application of trade remedies if the following conditions are fully met:

1. The goods are imported into Vietnam from a country or territory currently subject to trade remedies.

2. The goods are imported from a foreign manufacturer falling under one of the following cases:

a) The initial trade remedy is not applied to goods of such foreign manufacturer; or

b) The initial trade remedy is applied to goods of such foreign manufacturer at a lower duty rate than that applicable to another foreign manufacturer referred to in Clause 3 of this Article.

3. The goods purchased by the foreign manufacturer from another foreign manufacturer that is currently subject to the initial trade remedy, for export to Vietnam.

4. The goods under investigation for shirking trade remedies shall be subject to trade remedies if they are imported into Vietnam from the other foreign manufacturer referred to in Clause 3 of this Article.

Section 2

INVESTIGATION FOR APPLICATION OF MEASURES TO COMBAT THE SHIRKING OF TRADE REMEDIES

Sub-section 1.

DOSSIERS

Article 87. Dossiers of request for investigation for application of measures to combat the shirking of trade remedies

1. Related parties specified in Article 74 of the Law on Foreign Trade Management may submit a dossier of request for investigation of the measures to combat the shirking of trade remedies.

2. A dossier of request for investigation for application of measures to combat the shirking of trade remedies must comprise related information, documents and evidence as follows:

a) Name, address of and other necessary information about the requesting organization or individual;

b) Information describing imported goods requested for investigation for application of measures to combat the shirking of trade remedies, including scientific names, trade names and common names; composition; basic physical and chemical characteristics; main use purposes; manufacturing process; applicable international and Vietnamese standards and regulations (if any); goods headings according to Vietnam’s List of Exports and Imports; manufacturing country, exporting country and origin of goods;

c) Description of the volume or quantity of the imports as prescribed in Article 81 of this Decree;

d) Volume or quantity of similar goods manufactured domestically;

dd) Information on the export prices of the goods specified at Point b of this Clause at the time of import into Vietnam for at least 12 months before the submission of the dossier of request for application of measures to combat the shirking of trade remedies;

e) Information, data and evidence of acts aiming to shirk trade remedies claimed by the requesting party;

g) Name, address and other necessary information of the manufacturer, exporter or the importer related to the acts aiming to shirk trade remedies;

h) Information on the damage or the undermining of the effectiveness of the currently effective trade remedies on the domestic industry;

i) Specific requirements on the application of measures to combat the shirking of trade remedies, and time limit and extent of application.

3. The Minister of Industry and Trade shall decide on investigation for application of measures to combat the shirking of trade remedies in case where the investigation body compiles a dossier of providing evidence proving the necessity to initiate an investigation for the application of measures to combat the shirking of trade remedies.

Article 88. Appraisal of dossiers of request for investigation for application of measures to combat the shirking of trade remedies

1. The review of the completeness and validity of the dossier of request for investigation for application of measures to combat the shirking of trade remedies shall be carried out in accordance with Article 20 of this Decree.

2. Within 45 days after receiving a complete and valid dossier, the Minister of Industry and Trade shall consider and decide on the investigation or non-investigation for application of measures to combat the shirking of trade remedies.

3. The appraisal of a dossier of request must cover:

a) Determination of signs of shirking of trade remedies in accordance with this Decree;

b) Determination of signs of changes in the volume or value of imported goods from countries of origin or exporting countries after the Minister of Industry and Trade issues a decision to initiate an investigation or a decision to apply the initial trade remedy;

c) Determination of evidence that the shirking of trade remedies is the cause of damage or the undermining of the effectiveness of the trade remedies currently in effect against the domestic industry.

Sub-section 2.

ORDER AND PROCEDURES FOR INVESTIGATION FOR COMBAT OF THE SHIRKING OF TRADE REMEDIES

Article 89. Decisions on investigation for combat of the shirking of trade remedies

A decision issued by the Minister of Industry and Trade on investigation for combat of the shirking of trade remedies must have the following contents:

1. Basic information about the applied trade remedies.

2. Name of the organization or individual requesting the investigation for application of measures to combat the shirking of trade remedies.

3. Specific investigation contents.

4. Order and procedures for investigation for combat of the shirking of trade remedies.

Article 90. Contents of investigation for combat of the shirking of trade remedies

The investigation for combat of the shirking of trade remedies must include one or several of the following contents:

1. Determination of signs of shirking of trade remedies in accordance with Article 81 of this Decree.

2. Determination of the significant increase in volume or quantity of the goods shirking trade remedies imported into Vietnam after the Minister of Industry and Trade decides on conducting an investigation, or decides on applying the initial trade remedy.

3. Assessment of the damage or the undermining of the effectiveness of the currently effective trade remedies on the domestic industry.

4. Assessment of the changes in quantity or value of goods imported from the originating or exporting country after the Minister of Industry and Trade issues a decision to initiate an investigation or a decision to apply the initial trade remedy takes effect, which is the cause of such shirking.

Article 91. Assessment of the undermining in the effectiveness of trade remedies

1. The assessment of the undermining in the effectiveness of trade remedies currently in effect shall be based on the consideration of one or several of the following contents:

a) The price difference between the goods under investigation and the price of corresponding imported goods in cases where trade remedies were initially applied;

b) The price difference between the goods under investigation and the non-injurious selling price of similar goods manufactured domestically;

c) The impact of the goods under investigation on the operations of the domestic industry, including market share, revenue, sales volume, profit, output, inventory;

d) Other factors.

2. The assessment of the undermining in the effectiveness of trade remedies must be carried out based on specific evidence.

Article 92. Time limit for investigation for combat of the shirking of trade remedies

1. The time limit for investigation for combat of the shirking of trade remedies is 9 months from the date of the Minister of Industry and Trade's issuance of the investigation decision.

2. In special cases, the Minister of Industry and Trade may extend the investigation for another 3 months at most.

Article 93. Investigation questionnaires for combat of the shirking of trade remedies

1. Within 20 days after the Minister of Industry and Trade issues an investigation decision, the investigation body shall send questionnaires to related parties, including:

a) Domestic manufacturers;

b) Foreign manufacturers and exporters;

c) Importers of goods under investigation for shirking trade remedies;

d) Other relevant parties.

2. Within 30 days after receiving the investigation questionnaire, the related parties shall return the fully filled out questionnaire to the investigation body. When necessary or when related parties make a written request for extension of this time limit for a plausible reason, the investigation body may extend such time limit for another 30 days at most.

3. A questionnaire shall be considered having reached the recipient after 7 days from the date it is sent by the investigation body. The sending date shall be determined based on the postmark or the date the investigation body publicly posts the investigation questionnaire on its portal.

Sub-section 3.

APPLICATION OF MEASURES TO COMBAT THE SHIRKING OF TRADE REMEDIES

Article 94. Application of provisional measures to combat the shirking of trade remedies

1. Within 20 days after the investigation body submits the preliminary investigation conclusion, the Minister of Industry and Trade shall issue a decision whether to apply or not apply provisional measures to combat the shirking of trade remedies.

2. A decision on application of provisional measures to combat the shirking of trade remedies must have the following contents:

a) Description of imported goods subject to provisional measures to combat the shirking of trade remedies, including scientific names, trade names and common names; composition; basic physical and chemical characteristics; manufacturing process; applicable international and Vietnamese standards and regulations; goods headings according to Vietnam’s List of Exports and Imports;

b) Names and other necessary information of the manufacturers or exporters of the goods subject to provisional measures to combat the shirking of trade remedies;

c) Name of the country that manufactures or exports the goods subject to provisional measures to combat the shirking of trade remedies;

d) Preliminary conclusion proving the necessity to take provisional measures to combat the shirking of trade remedies;

dd) Provisional measures to combat the shirking of trade remedies;

e) Effect and duration for application of provisional measures to combat the shirking of trade remedies;

g) Procedures and dossiers of inspection and application of provisional measures to combat the shirking of trade remedies.

3. If the Minister of Industry and Trade decides to apply provisional measures to combat the shirking of trade remedies, the trade remedies currently in force will be extended to goods of manufacturers or exporters specified in Article 81 of this Decree upon the determination of the occurrence of shirking of trade remedies.

4. The duration of application of provisional measures to combat the shirking of trade remedies shall terminate upon the official entry into force of the official measures to combat the shirking of trade remedies or upon the expiration of the initial trade remedies.

5. Provisional measures to combat the shirking of trade remedies shall be anti-dumping duties, countervailing duties, or safeguard duties at the duty rate applicable to all other manufacturers and exporters of each country or territory in the initial trade remedy investigation case.

Article 95. Application or non-application of official measures to combat the shirking of trade remedies

1. Within 20 days from the date the investigation body submits the final investigation conclusion, the Minister of Industry and Trade shall issue a decision whether to apply or not apply official measures to combat the shirking of trade remedies.

2. In case the Minister of Industry and Trade decides to apply official measures to combat the shirking of trade remedies, the decision on application of official measures to combat the shirking of trade remedies shall include the following contents:

a) Description of imported goods subject to official measures to combat the shirking of trade remedies, including scientific names, trade names and common names; composition; basic physical and chemical characteristics; manufacturing process; applicable international and Vietnamese standards and regulations (if any); goods headings according to Vietnam’s List of Exports and Imports;

b) Names and other necessary information of the manufacturers or exporters of the goods subject to official measures to combat the shirking of trade remedies;

c) Name of the country that manufactures or exports the goods subject to official measures to combat the shirking of trade remedies;

d) Official conclusion proving the necessity to take official measures to combat the shirking of trade remedies;

dd) Official measures to combat the shirking of trade remedies;

e) Effect and duration for application of official measures to combat the shirking of trade remedies;

g) The difference in duties applicable to the provisional measure to combat the shirking of trade remedies and the handling of overpaid duties (if any);

h) Procedures and dossiers of inspection and application of official measures to combat the shirking of trade remedies.

3. In case the Minister of Industry and Trade decides not to apply the official measure to combat the shirking of trade remedies and to terminate the investigation into the shirking of trade remedies, the decision on non-application of the official measure to combat the shirking of trade remedies and termination of the investigation into the shirking of trade remedies shall include the following contents:

a) Description of imported goods not subject to official measures to combat the shirking of trade remedies and subject to termination of investigation into the shirking of trade remedies, including scientific names, trade names and common names; composition; basic physical and chemical characteristics; manufacturing process; applicable international and Vietnamese standards and regulations (if any); goods headings according to Vietnam’s List of Exports and Imports;

b) Names and other necessary information of manufacturers and exporters of goods not subject to the official measure to combat the shirking of trade remedies and subject to termination of investigation into the shirking of trade remedies;

b) Names of countries manufacturing or exporting goods not subject to the official measure to combat the shirking of trade remedies, and names of countries manufacturing or exporting goods subject to termination of investigation into the shirking of trade remedies;

d) Official conclusion proving the non-necessity to take official measures to combat the shirking of trade remedies;

dd) Instructions on handling overpaid duties applicable to the provisional measure to combat the shirking of trade remedies (if any).

4. In case of decision on applying official measures to combat the shirking of trade remedies, the trade remedies currently in force will be extended to goods of manufacturers or exporters specified in Article 81 of this Decree upon the determination of the occurrence of shirking of trade remedies.

5. The official measure to combat the shirking of trade remedies shall cease to be applied when the initial trade remedy expires.

6. The duration for the application of official measures to combat the shirking of trade remedies shall be extended according to the extended duration for the application of the initial trade remedy.

7. Official measures to combat the shirking of trade remedies shall be anti-dumping duties, countervailing duties, or safeguard duties at the duty rate applicable to all other manufacturers and exporters of each country or territory in the initial trade remedy investigation case.

8. The handling of overpaid duties applicable to measures to combat the shirking of trade remedies shall comply with Clauses 5 and 6, Article 68 of the Law on Foreign Trade Management.

Article 96. Procedures for monitoring the implementation of measures to combat the shirking of trade remedies

1. After the issuance of a decision on the application of measures to combat the shirking of trade remedies, every 6 months during the period of application of such measures, the manufacturer or exporter not subject to the measures to combat the shirking of trade remedies under the decision of the Minister of Industry and Trade shall notify the investigation body of their production volume, value, quantity of domestic sales, and the value and quantity of goods exported to Vietnam by such manufacturer or exporter.

2. The notification dossier regarding goods of the manufacturer or exporter not subject to the measures to combat the shirking of trade remedies under the decision of the Minister of Industry and Trade shall include:

a) Certificate of origin of goods indicating clear origin criteria as required by the Ministry of Industry and Trade;

b) Certificate issued by the manufacturer or exporter for the import of each shipment into the territory of Vietnam, conforming to the certificate form of the manufacturer or exporter already notified to the investigation body prior to the effective date of the measures to combat the shirking of trade remedies. In the event of a change to the certificate form, the manufacturer or exporter shall notify the investigation body and the customs office at least 15 working days prior to the customs clearance of the shipment.

3. Where necessary for the comparison and verification of documents in the import dossier, the investigation body and the customs office may request the manufacturer or exporter to submit the manufacturer’s or exporter’s e-certificate for each shipment at least 15 working days prior to customs clearance of the shipment via electronic means.

4. The verification of the authenticity and validity of the certificate specified at Point b, Clause 2 of this Article shall be carried out as follows:

a) The investigation body shall assume the responsibility for, and coordinate with the customs office in, verifying the authenticity and validity of the certificate during the period of application of trade remedies in accordance with its competence and the law on foreign trade management.

b) The customs office shall assume the responsibility for, and coordinate with the investigation body in, verifying the authenticity and validity of the certificate in accordance with its competence and the customs law.

5. The verification of the authenticity and validity of the certificate specified in Clause 4 of this Article must be completed as soon as possible, but must not exceed 90 days from the date the verification is conducted.

6. During the verification period, if the importer requests the customs clearance, or release of goods, the goods shall temporarily be subject to the duty rate applied to all other manufacturers and exporters in the initial trade remedy case. After obtaining the verification result, the customs office shall carry out tax-related procedures in accordance with the applicable tax laws.

Section 3

REVIEW OF THE APPLICATION OF MEASURES TO COMBAT THE SHIRKING OF TRADE REMEDIES

Article 97. Review of the application of measures to combat the shirking of trade remedies

1. The review-requesting party may submit a dossier of request for review of the application of measures to combat the shirking of trade remedies in force during the period in which the investigation body receives the dossier of request for review of the application of initial trade remedies under Clauses 1, 2 and 3, Article 51 of this Decree, or at any time after the initial trade remedies take effect.

2. The review of the application of measures to combat the shirking of trade remedies must have the following contents:

a) Identification of information and data on the quantity and volume of the goods subject to measures to combat the shirking of trade remedies imported into Vietnam since the application of the measures to combat the shirking of trade remedies;

b) Identification of the existence of the acts aiming to shirk trade remedies;

c) Assessment of whether the continuation of measures to combat the shirking of trade remedies is necessary or unnecessary to prevent or remedy injury tor undermining the effectiveness of the trade remedies currently in force.

3. In case the manufacturer or exporter fails to notify in accordance with Clause 1, Article 96 of this Decree, or fails to cooperate, fails to provide information, or provides inaccurate information during the process of verifying the authenticity and validity of the documents specified in Clause 2, Article 96 of this Decree by the competent agency, the investigation body may immediately recommend to the Minister of Industry and Trade to initiate a review of the application of measures to combat the shirking of trade remedies against that manufacturer or exporter.

4. During the review period, the imported goods of the manufacturer or exporter specified in Clause 3 of this Article shall temporarily be subject to the duty rate applied to all other manufacturers and exporters in the initial trade remedy case. After obtaining the review result, the customs office shall carry out tax-related procedures in accordance with the applicable tax laws.

Article 98. Party requesting the review of the application of measures to combat the shirking of trade remedies

Organizations and individuals that are entitled to submit a dossier of request for review of the application of measures to combat the shirking of trade remedies, include:

1. Domestic manufacturers.

2. Foreign manufacturers and exporters.

3. New exporters.

4. Importers.

5. Organizations and individuals using the imports.

Article 99. Dossiers of request for review of the application of measures to combat the shirking of trade remedies

A dossier of request for review of the application of measures to combat the shirking of trade remedies must comprise related information, documents and evidence as follows:

1. Name, address of and other necessary information about the review-requesting party.

2. Name, address of and other information about the requested party (if any).

3. Information on the measures to combat the shirking of trade remedies for which the review is requested.

4. Specific issues to be reviewed.

5. Other information and documents.

Article 100. Appraisal of dossiers of request for review of the application of measures to combat the shirking of trade remedies

1. The review of the completeness and validity of the dossier of request for review of the application of measures to combat the shirking of trade remedies shall be carried out in accordance with Article 21 of this Decree.

2. Within 30 days from the date the investigation body issues a notice of receipt of a complete and valid dossier of request for review, the investigation body shall appraise the contents of the dossier and submit it to the Minister of Industry and Trade for consideration and decision on reviewing the application of measures to combat the shirking of trade remedies.

3. The appraisal of the contents of the dossier of request for review shall include:

a) Determination of the legal standing of the review-requesting party;

b) Determination of the conformity of the information, documents, and evidence in the dossier with the contents of the review request.

Article 101. Decisions on review of the application of measures to combat the shirking of trade remedies

A decision issued by the Minister of Industry and Trade on review of the application of measures to combat the shirking of trade remedies must have the following contents:

1. Basic information on the application of measures to combat the shirking of trade remedies.

2. Grounds for conducting the review.

3. Information about the review requesters.

4. Specific review contents.

5. Review order and procedures.

Article 102. Investigation questionnaires for review of the application of measures to combat the shirking of trade remedies

1. Within 20 days after the Minister of Industry and Trade issues a review decision, the investigation body shall send the review investigation questionnaire to related parties.

2. Within 30 days after receiving the investigation questionnaires for review, the related parties shall return the fully filled out questionnaires to the investigation body. When necessary or when related parties make a written request for extension of this time limit for a plausible reason, the investigation body may extend such time limit for another 30 days at most.

3. A questionnaire shall be considered having reached the recipient after 7 days from the date it is sent by the investigation body. The sending date shall be determined based on the postmark or the date the investigation body publicly posts the review questionnaire on its portal.

Article 103. Decisions on results of review of the application of measures to combat the shirking of trade remedies

Based on the investigation body’s conclusion on review of the application of measures to combat the shirking of trade remedies, the Minister of Industry and Trade shall issue one of the following decisions on:

1. Continuation of the application of measures to combat the shirking of trade remedies.

2. Adjustment of the subjects, range and goods subject to measures to combat the shirking of trade remedies.

3. Termination of the application of measures to combat the shirking of trade remedies.

Chapter V

HANDLING OF TRADE REMEDIES APPLIED TO VIETNAMESE EXPORTS

Article 104. Handling principles

1. Assistance activities for Vietnamese traders that are investigated by importing countries or territories for application of or applied with trade remedies prescribed in Article 76 of the Law on Foreign Trade Management shall be carried out on the basis of the written requests of these Vietnamese traders and trade associations.

2. The initiation of a lawsuit against the importing country or territory prescribed in Article 108 of this Decree shall be carried out by the Ministry of Industry and Trade on the basis of collected information and after the coordination and consultation with other ministries, ministerial-level agencies and competent state management agencies and according to the plan reported to and approved by the Prime Minister.

3. The Ministry of Finance shall ensure the budget for trader assistance activities prescribed in Article 76 of the Law on Foreign Trade Management.

4. Assistance activities provided for Vietnamese traders specified in this Article must conform with the provisions of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 105. Provision of information relating to cases

The information to be provided to traders prescribed at Point a, Clause 1, Article 76 of the Law on Foreign Trade Management is the information disclosed by relevant authorities of the importing country or permitted to be disclosed in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 106. Early warning system for foreign trade remedy lawsuits against Vietnamese exports

1. The Ministry of Industry and Trade shall develop and operate a system of early warning on the possibility of foreign trade remedy lawsuits against Vietnamese exports to inform enterprises and trade associations for the purposes of prevention and preparation for response to the lawsuits.

2. The Ministry of Industry and Trade shall prescribe the organization and operation of the early warning system for foreign trade remedy lawsuits against Vietnamese exports.

Article 107. Exchange with importing countries or territories that are investigating for application of trade remedies or applying trade remedies to Vietnamese exports

The exchange with the importing country or territory that is investigating for application of trade remedies or applying trade remedies prescribed at Point b, Clause 1, Article 76 of the Law on Foreign Trade Management shall be carried out in appropriate forms under the charge of the Ministry of Industry and Trade and in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 108. Initiation of lawsuits against importing countries or territories when detecting their violations of treaties to which the Socialist Republic of Vietnam is a contracting party

1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with other ministries, ministerial-level agencies and competent state management agencies in, formulating a plan for initiation of lawsuits in accordance with Clause 1, Article 76 of the Law on Foreign Trade Management, on the basis of collected information or at the written request of the Vietnamese traders or trade associations, or related enterprise representative organizations, and prepare a dossier for submission to the Prime Minister.

2. A dossier to be submitted to the Prime Minister must comprise:

a) A written submission presenting the necessity, objectives, and legal grounds for initiating a lawsuit; the content of the plan and an assessment of the potential impacts of such initiation of lawsuit;

b) A consolidated report explaining, incorporating, and responding to comments and opinions from ministries, ministerial-level agencies, organizations, and individuals consulted under Clause 3 of this Article;

c) Other relevant documents and materials.

3. Within 10 days from the date of receipt of the request from the Ministry of Industry and Trade, the consulted ministries, ministerial-level agencies, organizations, and individuals must provide written opinions on the dossier submitted to the Prime Minister. In case no responses are received within the prescribed time limit, the Ministry of Industry and Trade shall finalize the dossier submitted to the Prime Minister based on the available information.

4. The Prime Minister shall consider and decide on the approval of the plan for initiating a lawsuit based on the dossier submitted by the Ministry of Industry and Trade.

5. The Ministry of Industry and Trade shall assume the prime responsibility for initiating a lawsuit against the importing country that is conducting investigation for application of trade remedies, following the processes and procedures prescribed in the relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

6. Vietnamese traders, associations, and relevant enterprise representative organizations shall be responsible for coordinating with the Ministry of Industry and Trade during the process of initiating a lawsuit against the importing country or territory that is conducting investigation for application of or applying trade remedies.

Article 109. Coordination in case Vietnamese traders are investigated by importing countries for application of countervailing measures

If Vietnamese traders are investigated by an importing country for application of countervailing measures as prescribed in Clause 2, Article 76 of the Law on Foreign Trade Management, the Ministry of Industry and Trade shall assume the prime responsibility for planning to cooperate with the foreign investigation body as follows:

1. Holding consultation with the foreign investigation body on accused subsidy programs of Vietnam.

2. Providing the Government with information and documents related to the accused subsidy programs of Vietnam at the written request of Vietnamese traders, associations, and relevant enterprise representative organizations in accordance with current regulations.

3. Working as requested by the foreign investigation body in the course of on-site investigation of the accused subsidy programs of Vietnam.

4. Other appropriate activities.

Article 110. Preparation of plans for compensation claim in case Vietnamese traders are investigated by importing countries or territories for application of trade remedies

1. In case Vietnamese traders are investigated by importing countries for application of trade remedies, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and relevant organizations and individuals in, preparing a plan for compensation claim, and in case of necessity, preparing a a dossier for submission to the Prime Minister for approval.

2. A dossier to be submitted to the Prime Minister must comprise:

a) A written submission presenting the necessity, objectives, and legal grounds for compensation claim; the content of the plan and an assessment of the potential impacts of compensation claim;

b) A consolidated report explaining, incorporating, and responding to comments and opinions from ministries, ministerial-level agencies, organizations, and individuals consulted under Clause 3 of this Article;

c) Relevant documents and materials.

3. Within 10 days from the date of receipt of the request from the Ministry of Industry and Trade, the consulted ministries, ministerial-level agencies, organizations, and individuals must provide written opinions on the dossier submitted to the Prime Minister. In case no responses are received within the prescribed time limit, the Ministry of Industry and Trade shall finalize the dossier submitted to the Prime Minister based on the available information.

4. The Prime Minister shall consider and decide on the approval of the plan for compensation claim based on the dossier submitted by the Ministry of Industry and Trade.

5. The Ministry of Industry and Trade shall assume the prime responsibility for conducting a consultation with competent authorities of the importing country regarding the plan for compensation claim approved by the Prime Minister.

6. In case of reaching an agreement on compensation claim, the Ministry of Industry and Trade shall assume the prime responsibility for supervising the agreement performance.

7. The order and procedures for implementing the plan for compensation claim must comply with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 111. Preparation of plans for retaliation in case Vietnamese traders are investigated by importing countries for application of trade remedies

1. In case of failing to reach an agreement on compensation specified in Clause 5, Article 110 of this Decree, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and relevant organizations and individuals in, preparing a plan for retaliation, and in case of necessity, preparing a a dossier for submission to the Prime Minister for approval.

2. A dossier to be submitted to the Prime Minister must comprise:

a) A written submission on the results of consultation as prescribed in Clause 5, Article 110 of this Decree; the necessity, objectives, and legal grounds of the retaliation measure; the contents of the measure and an assessment of its impacts;

b) A consolidated report explaining, incorporating, and responding to comments and opinions from ministries, ministerial-level agencies, organizations, and individuals consulted under Clause 3 of this Article;

c) A draft decision on the implementation of the retaliation measure;

d) Relevant documents and materials.

3. Within 10 days from the date of receipt of the request from the Ministry of Industry and Trade, the consulted ministries, ministerial-level agencies, organizations, and individuals must provide written opinions on the dossier submitted to the Prime Minister. In case no responses are received within the prescribed time limit, the Ministry of Industry and Trade shall finalize the dossier submitted to the Prime Minister based on the available information.

4. The Prime Minister shall consider and decide on the approval of the plan for retaliation based on the dossier submitted by the Ministry of Industry and Trade.

5. The order and procedures for implementing the plan for retaliation must comply with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 112. Participation in the capacity as related party in trade remedy cases and as third party in cases of settlement of disputes over trade remedies at the World Trade Organization

1. The Ministry of Industry and Trade shall consider and register the participation in the capacity as related party when a foreign country investigates for application of or applies trade remedies to Vietnamese exports.

2. The Ministry of Industry and Trade shall consider and register the participation in the capacity as third party in a dispute settlement case at the World Trade Organization if the case is related to the rights and interests of Vietnam in the field of trade remedy. The Ministry of Industry and Trade may consult, when necessary, related ministries and sectors on such registration.

3. The Ministry of Industry and Trade may consider providing information and documents during the participation in the capacity as third party as specified in Clause 2 of this Article on the basis of written requests of organizations or individuals, provided that such documents and information are permitted to be disclosed in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 113. Use of legal services

1. The Ministry of Industry and Trade may engage lawyers and law-practicing organizations to provide legal services during the implementation of the provisions of Article 76 of the Law on Foreign Trade Management. Other ministries and ministerial-level agencies shall coordinate with the Ministry of Industry and Trade in selecting lawyers and law-practicing organizations providing legal services at the written request of the latter.

2. The Ministry of Industry and Trade shall prescribe criteria for selecting legal services.

3. The Ministry of Finance shall ensure the budget for use of legal services in Vietnamese trader assistance activities prescribed Article 76 of the Law on Foreign Trade Management.

Article 114. Coordination mechanism between management agencies, trade associations and traders

1. The coordination mechanism between management agencies, trade associations and traders shall be based on the following principles:

a) The Ministry of Industry and Trade shall assume the prime responsibility for and other ministries, ministerial-level agencies, provincial-level or municipal People’s Committees, other state management agencies and related organizations and individuals shall timely coordinate with the Ministry of Industry and Trade in activities prescribed in Article 76 of the Law on Foreign Trade Management;

b) Ministries, ministerial-level agencies, provincial-level or municipal People’s Committees, other competent state management and related organizations and individuals shall provide information, documents and evaluation opinions at the Ministry of Industry and Trade's request during the handling of trade remedies applied to Vietnamese exports.

2. The coordination shall be carried out as follows:

a) Ministries, ministerial-level agencies, and competent state management agencies shall, within the ambit of their respective powers and functions, timely provide information, documents and evaluation opinions at the request of the Ministry of Industry and Trade, and explain relevant contents when the foreign investigation body conducts on-site investigation according to the coordination by the Ministry of Industry and Trade;

b) Trade associations shall coordinate with the Ministry of Industry and Trade in monitoring information on export markets in order to assess the risks of foreign countries’ investigation and application of trade remedies to Vietnamese exports, report information relating to foreign countries’ investigation and application of trade remedies to their members, consider participation in the capacity as related party in the cases, and carry out other activities at the request of the Ministry of Industry and Trade;

c) The Vietnam Chamber of Commerce and Industry shall, within the ambit of its functions and powers, coordinate with the Ministry of Industry and Trade in guiding and assisting Vietnamese traders that are investigated or applied trade remedies by foreign countries, and carry out other assistance activities at the request of the Ministry of Industry and Trade;

d) Overseas Vietnamese representative missions shall collect and monitor the information and notices of related authorities of the importing countries on their trade remedies and promptly report them to the Ministry of Industry and Trade, and assist in the inquiry about legal services at the request of the Ministry of Industry and Trade;

dd) The Ministry of Finance shall coordinate with the Ministry of Industry and Trade in carrying out activities in accordance with the provisions of this Chapter, and promptly provide import and export data at the request of related agencies of the Ministry of Industry and Trade;

e) The Ministry of Foreign Affairs shall coordinate with the Ministry of Industry and Trade in carrying out activities in accordance with the provisions of this Chapter and direct the overseas Vietnamese representative missions to take the initiative in working with related authorities of the importing countries to study, monitor and synthesize information on the cases, and promptly report them to the Ministry of Industry and Trade and coordinate with the latter in preparing handling plans;

g) The Ministry of Justice shall coordinate with the Ministry of Industry and Trade in carrying out activities in accordance with the provisions of this Chapter and coordinate in studying and evaluating legal regulations on trade remedies of the World Trade Organization and other countries;

h) Vietnamese traders that have submitted written requests for assistance shall coordinate with the Ministry of Industry and Trade in handling the cases and be responsible for the information and documents provided to the Ministry of Industry and Trade.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 115. Effect

1. This Decree takes effect from July 1, 2025.

2. The Government's Decree No. 10/2018/ND-CP dated January 15, 2018, detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies, ceases to be effective from the effective date of this Decree.

Article 116. Implementation responsibility

1. The Minister of Industry and Trade shall organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of People’s Committees of provinces and centrally run cities shall implement this Decree.

Article 117. Transitional provisions

Cases of investigation for application of trade remedies and review of the application of trade remedies, cases of investigation for application of measures to combat the shirking of trade remedies and review of the application of measures to combat the shirking of trade remedies of which the investigation body announced its receipt of complete and valid dossiers before the effective date of this Decree, shall be processed in accordance with the Government's Decree No. 10/2018/ND-CP dated January 15, 2018, detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies./.