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^[1]

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

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

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 methods of determination of injury to a domestic industry; anti-circumvention of trade remedies; grounds for conducting, and the order, procedures, time limit, contents and grounds for termination of, the investigation into trade remedy cases (below referred to as investigation); application and review of trade remedies; identification of subsidies and countervailing measures; coordination responsibility of related agencies in the process of investigation; and handling of trade remedies applied to Vietnam’s exported goods.

Article 2. Subjects of application

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

2. Vietnamese traders, 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 facts that are used by the investigating authority as grounds for the settlement of trade remedy cases.

2. Trade remedy cases include anti-dumping cases, countervailing cases, safeguard cases, and anti-circumvention cases regarding goods imported into Vietnam.

3. Requesting party means an organization or individual that acts as a lawful representative of a domestic industry and submits a dossier of request for the application of trade remedies or a dossier of request for the application of anti-circumvention measures.

4. Respondent means a foreign organization or individual that produces or exports goods against which/whom the requesting party submits a dossier of request for investigation for application of trade remedies or a dossier of request for investigation for application of anti-circumvention measures or against which/whom the investigating authority conducts the investigation under the Minister of Industry and Trade’s decision.

5. Investigation period means a period determined by the investigating authority for each trade remedy case to collect information, evidence and data serving the investigation into that case.

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

7. Consultation means an activity thereby related parties exchange and express their views on a certain case with the investigating authority in accordance with law.

8. New exporter means a producer or exporter of an exporting country or territory subject to the application of anti-dumping, countervailing or anti-circumvention measures and not yet going through review that satisfies the following conditions:

a/ Not exporting goods under investigation into Vietnam’s territory during the initial investigation period;

b/ Having no relationship with any producer or exporter currently subject to the application of anti-dumping, countervailing or anti-circumvention measures as specified in Article 5 of this Decree;

c/ Exporting goods subject to the application of anti-dumping, countervailing or anti-circumvention measures into Vietnam’s territory after the initial investigation period.

9. Directly competitive goods means goods that are likely to be accepted by buyers as substitutes for 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. Major proportion in the total domestic production as specified in Clause 1, Article 69 of the Law on Foreign Trade Management shall be determined as follows:

a/ In anti-dumping cases or countervailing cases, the volume or quantity of produced goods accounting for at least 50% of the total volume or quantity of domestically produced goods that are the like goods as the goods under investigation shall be considered constituting a major proportion in the total domestic production;

b/ In safeguard cases, the volume or quantity of produced goods accounting for at least 50% of the total volume or quantity of domestically produced goods that are the like or directly competitive goods as the goods under investigation shall be considered constituting a major proportion in the total domestic production.

3. The investigating authority may consider applying a proportion lower than that specified in Clause 2 of this Article if having grounds to believe that such lower proportion is enough for considering the goods constituting a major proportion in the total domestic production.

4. In anti-dumping cases or countervailing cases, producers in a specific geographical market in Vietnam’s territory may be considered constituting a domestic industry if satisfying the following conditions:

a/ The producers sell all or almost all of their goods in that market;

b/ That market’s demand is not materially met by domestic producers of the like goods in other geographic markets.

In case an act of dumping or subsidization is found to occur only in that geographic market and causes injury to all or almost all producers in that market, the investigating authority may still determine injury even if domestic producers of the like goods in other geographic markets do not suffer injury.

Article 5. Determination of relationship between producers of the like goods and exporters/importers of goods under investigation for application of trade remedies

1. A producer of the like goods shall be regarded as having relationship with an exporter/importer of goods under investigation for application of trade remedies as specified in Clause 1, Article 69 of the Law on Foreign Trade Management in the following cases:

a/ One party directly or indirectly controls the other;

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

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

2. A party shall be regarded as controlling the other party if it has the legal or de facto power to dominate financial policies or activities of the other party in one of the following cases:

a/ Between the parent company and its subsidiaries and vice versa; between subsidiaries of the same parent company; between managers, members of the Supervisory Board of the parent company, and individuals/organizations competent to appoint such persons and subsidiaries and vice versa;

b/ Between a company and its managers or members of the Supervisory Board, or between a company and a company/organization competent to appoint such persons and vice versa;

c/ Between a company and an organization/individual holding 5% or more of the former’s charter capital or voting shares and vice versa;

d/ Between an individual and his/her spouse, biological parents, parents-in-law, legal guardian, biological children or legally adopted children, and siblings of the persons mentioned at Points b and c of this Clause;

dd/ Between an individual authorized to represent the organizations or individuals mentioned at Points a, b, c and d of this Clause and the latter;

e/ Between individuals authorized to represent capital contributions of the same organization.

Article 6. Handling of overpaid amounts of trade remedy duties

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

2. The overpaid amounts of trade remedy duties specified in Clause 1 of this Article bear no interests.

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

Article 7. Form of receiving dossiers and method of calculating duration, time limits and points of time in the handling of trade remedy cases

1. The receipt of dossiers of request for investigation, application and review of trade remedies and anti-circumvention measures as well as responses to the investigating authority’s questionnaires in trade remedy cases shall be carried out either in person or online.

2. The method of calculating duration, time limits and points of time in the handling of trade remedy cases must comply with the civil law.

Article 8. Rights and obligations of the requesting party and the respondent in trade remedy cases

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

a/ To access information provided by other related parties to the investigating authority, except information classified as confidential under regulations;

b/ To send opinions on the draft investigation conclusion and the draft conclusion on the review of the application of trade remedies and anti-circumvention measures within 7 days after the investigating authority sends the draft for opinion;

c/ To propose the investigating authority to extend the time limit for providing information or extend the time limit for responding to the questionnaire;

d/ To request the confidentiality of information in accordance with regulations;

dd/ To participate in consultations and present their views, and provide evidence and documents related to the trade remedy case;

e/ To authorize other entities to participate on their behalf in the settlement of the trade remedy case;

g/ To request the investigating authority to hold separate consultations under Clause 2, Article 14 of this Decree;

h/ To file complaints about or initiate lawsuits against the Minister of Industry and Trade’s decisions in accordance with the regulations on filing of complaints about and lawsuits against administrative decisions.

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

a/ To ensure the adequacy, truthfulness and accuracy of evidence, information and documents they have provided;

b/ To provide adequate, truthful and accurate evidence, information and documents as requested by the investigating authority within the required time limit;

c/ To execute the Minister of Industry and Trade’s decisions.

Article 9. Non-cooperation in trade remedy cases

1. Non-cooperation during the investigation into or review of a trade remedy case means that the related parties:

a/ Refuse to let the investigating authority conduct on-site investigation as requested;

b/ Refuse to let the investigating authority access information and documents as requested;

c/ Refuse to provide information and documents, or fail to fully provide information and documents as requested by the investigating authority within the required time limit;

d/ Provide information or documents that are inaccurate or misleading as determined by the investigating authority.

2. For cases of investigation for application of anti-dumping measures and review of the application of anti-dumping measures, if refusing to accept information or documents provided by the parties, the investigating authority shall notify such to the parties and request explanation within a specified time limit. If the parties fail to give explanations or their explanations are not accepted by the investigating authority, the investigating authority shall regard such information or documents as inaccurate or misleading under 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 investigation for application of trade remedies, a decision on investigation for application of anti-circumvention measures, a decision on review of the application of trade remedies, or a decision on review of the application of anti-circumvention measures, the investigating authority shall notify the parties of the request for information provision and of the fact that it has the competence to use available information in the cases of non-cooperation specified in Article 9 of this Decree for making investigation conclusions or review conclusions.

2. Available information includes:

a/ Information in the dossier of request for investigation for application of trade remedies or anti-circumvention measures, or the dossier of request for review of the application of trade remedies or the application of anti-circumvention measures;

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 investigating authority shall disclose relevant non-confidential information to the parties involved in trade remedy investigation cases. The disclosure of information shall be made via electronic means or other means appropriate to the technical infrastructure of the investigating authority.

Article 12. Decisions not to conduct investigation for application of trade remedies, decisions not to conduct investigation for application of anti-circumvention measures, decisions not to review the application of trade remedies, or decisions not to review the application of anti-circumvention measures

1. After appraising a dossier of request for investigation for application of anti-dumping or countervailing measures, if the investigating authority finds that there is insufficient evidence to believe that the goods are dumped or subsidized upon import into Vietnam, causing or threatening to cause material injury to, or impeding the formation of, a domestic industry, the Minister of Industry and Trade shall consider issuing a decision not to conduct investigation for application of anti-dumping or countervailing measures.

2. After appraising a dossier of request for investigation for application of safeguard measures, if the investigating authority finds that there is insufficient evidence of an excessive increase of goods imported into Vietnam, causing or threatening to cause material injury to a domestic industry, the Minister of Industry and Trade shall consider issuing a decision not to conduct investigation for application of safeguard measures.

3. After appraising a dossier of request for investigation for application of anti-circumvention measures, if the investigating authority finds that there is insufficient evidence of the existence of the act of circumvention of trade remedies, causing injury to, or decreasing the effectiveness of the trade remedies currently in effect to a domestic industry, the Minister of Industry and Trade shall consider issuing a decision not to conduct investigation for application of anti-circumvention measures.

4. After appraising a dossier of request for review of the application of trade remedies or the dossier of request for review of the application of anti-circumvention measures, excluding the reviews specified in Articles 52 and 73 of this Decree, if the investigating authority finds that there is insufficient evidence to proceed with the review as requested, 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 anti-circumvention measures.

Article 13. On-site investigation

1. During the investigation for application of trade remedies, review of the application of trade remedies, investigation for application of anti-circumvention measures, or review of the application of anti-circumvention measures, the investigating authority may conduct an on-site investigation to verify the adequacy, truthfulness and accuracy of evidence, information and documents provided by the related parties.

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

3. After obtaining the consent of the related party subject to the on-site investigation, the investigating authority shall, at least 7 days before conducting the investigation, send a notice stating the contents of the investigation to that party.

4. In case of conducting an on-site investigation abroad, the investigating authority shall, in addition to complying with Clauses 2 and 3 of this Article, notify the representative of the Government of the country or territory where the enterprise subject to the investigation is located.

Article 14. Consultation

1. After receiving a complete and valid dossier of request for application of countervailing measures, the investigating authority shall invite the Governments of the countries or territories whose exported goods are subject to the request for investigation to submit a consultation request in order to clarify the contents of the dossier. In case of receiving a written request for consultation from the Government of the country or territory whose exported goods are subject to the request for investigation, the investigating authority shall organize consultations with the representative of the Government of that country or territory.

2. During the investigation for application of trade remedies, review of the application of trade remedies, investigation for application of anti-circumvention measures, or review of the application of anti-circumvention measures, the investigating authority may hold separate consultations with related parties when so requested in writing by the latter, provided that the request is justified and the consultation does not affect the investigation or review period.

3. Before concluding the investigation for application of trade remedies or investigation for application of anti-circumvention measures, the investigating authority shall organize a public consultation with related parties. The investigating authority shall notify related parties of the organization of public consultation at least 30 days before the tentative date of consultation.

4. At least 7 days before the tentative date of public consultation, related parties shall register their participation in the consultation with the investigating authority where they may state issues in need of consultation, accompanied by their written arguments. Participation in the consultation is free of charge.

5. Within 7 days from the date of public consultation, related parties shall submit a sheet indicating their presentations made during the consultation to the investigating authority.

6. Within 20 days after organizing the public consultation as specified in Clause 3 of this Article, the investigating authority shall publicly disclose the consultation minutes to all related parties.

Article 15. Conclusion of investigation for application of trade remedies, review of the application of trade remedies, investigation for application of anti-circumvention measures, or review of the application of anti-circumvention measures

1. The investigating authority shall publicly announce the conclusion of investigation for application of trade remedies, the conclusion of review of the application of trade remedies, the conclusion of investigation for application of anti-circumvention measures, or the conclusion of review of the application of anti-circumvention measures at least 7 days before the deadline for such investigation or review, and stop receiving opinions, information and documents from related parties from the time of notification.

2. Within 20 days after notifying the conclusion of investigation or the conclusion of review under Clause 1 of this Article, the investigating authority shall issue the final investigation conclusion or review conclusion.

Article 16. Notification of the draft final investigation conclusion on application of trade remedies, the draft conclusion on review of the application of trade remedies, the draft final investigation conclusion on application of anti-circumvention measures, and the draft conclusion on review of the application of anti-circumvention measures

1. Before the expiration of the period of investigation for application of trade remedies, review of the application of trade remedies, investigation for application of anti-circumvention measures, or review of the application of anti-circumvention measures, the investigating authority shall notify the draft final investigation conclusion or the draft review conclusion to all related parties for opinion.

2. The draft final investigation conclusion or the draft review conclusion that contains confidential information and bases for calculation of dumping margins, subsidy levels, or grounds for identifying acts of circumvention of trade remedies relating to each producer or exporter shall be sent to that producer or exporter.

3. The draft final investigation conclusion or the draft review conclusion that contains confidential information and bases for calculation of subsidy levels involving the Government of each exporting country or territory shall be sent to the representative of the Government of the concerned exporting country or territory.

Article 17. Notification of conclusion on investigation for application of trade remedies, conclusion on review of the application of trade remedies, conclusion on investigation for application of anti-circumvention measures, and conclusion on review of the application of anti-circumvention measures to related parties

1. The investigating authority shall notify information sheets on investigation conclusions or review conclusions within 20 days after 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 application of official trade remedies;

c/ Decision on results of the review of the application of trade remedies;

d/ Decision on the application of anti-circumvention measures;

dd/ Decision on results of the review of the application of anti-circumvention measures.

2. Information sheets on investigation conclusions or review conclusions include:

a/ Sheet on disclosure of investigation conclusions or review conclusions to be sent to all parties involved in the case;

b/ Sheet containing confidential information related to each producer or exporter concerning investigation conclusions or review conclusions to be sent to that producer or exporter;

c/ Sheet containing confidential information related to the Government of each exporting country or territory involved in the anti-subsidy case regarding investigation conclusions or review conclusions to be sent to the representative of such Government.

Article 18. Information provision obligation of state management agencies, associations, and representative organizations of enterprises

1. Within the ambit of its powers and functions, the customs office has the following obligations:

a/ To provide full, accurate and timely data and information on the goods under investigation that are imported into Vietnam at the request of the investigating authority;

b/ To coordinate with the investigating authority in providing data and information on the quantity, 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, costs, cases of refusal to provide information, and other relevant matters must comply with the Law on Access to Information;

c/ To coordinate with the investigating authority in the process of conducting investigation for application of trade remedies, review of the application of trade remedies, investigation for application of anti-circumvention measures, and review of the application of anti-circumvention measures at the request of the investigating authority.

2. From the effective date of a decision on the application of trade remedies, the customs office shall, at the request of the investigating authority, provide information on payable amounts of trade remedy duties, and the volume, quantity and value of imported goods currently subject to such trade remedies.

3. Associations, representative organizations of enterprises and the Vietnam Chamber of Commerce and Industry shall, within the ambit of their respective functions and powers, coordinate with the investigating authority in providing information and data on import-export activities and production and business activities of the trades under their charge as requested by the investigating authority.

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

1. The application of trade remedies to imported goods originating in a least developed 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. The least developed and developing countries and territories shall be decided by the Minister of Industry and Trade for each trade remedy, based on recommendations of the investigating authority, on the basis of reliable and publicly available data of independent international organizations and commitments under treaties which Vietnam has acceded to or signed.

3. Every 6 months, the investigating authority may review, and propose the Minister of Industry and Trade to adjust, the application of trade remedies to imported goods originating in least developed or developing countries and territories as specified in Clauses 1 and 2 of this Article, based on the following criteria:

a/ Data on import of goods under investigation provided by the customs office;

b/ Reliable, independent and publicly available data of international organizations;

c/ Commitments under treaties which Vietnam has acceded to or signed.

Article 20. Review of completeness and validity of dossiers of request for investigation for application of trade remedies or anti-circumvention measures

1. Within 20 days after receiving a dossier of request for investigation for application of trade remedies or anti-circumvention measures, the investigating authority shall notify the organization/individual as dossier submitter of the completeness and validity of the dossier. If the dossier is complete and valid, the investigating authority shall notify such to the organization/individual and publicize the receipt of the complete and valid dossier.

2. If the dossier is incomplete or invalid, the investigating authority shall notify such to the organization/individual for dossier supplementation. The time limit for dossier supplementation is 30 days after the investigating authority issues a notice requesting dossier supplementation.

3. In case the organization/individual fully supplements the information as notified by the investigating authority within the time limit specified in Clause 2 of this Article, the time limit for examining the completeness and validity of the dossier under this Article shall be counted from the date the investigating authority receives the supplemented information.

4. If the organization/individual fails to supplement or does not fully supplement information in the dossier as notified by the investigating authority within the time limit specified in Clause 2 of this Article, the investigating authority shall return the dossier to the organization/individual together with a notice stating the reason for the return.

Article 21. Review of completeness and validity of dossiers of request for review of the application of trade remedies or anti-circumvention measures

1. Within 20 days from the deadline for submission of a dossier of request for review, the investigating authority shall notify the organization/individual as dossier submitter of the completeness and validity of the dossier. For a review not involving a deadline for dossier submission, the time limit for notification of the completeness and validity of the dossier or for request for dossier supplementation shall be counted from the date the investigating authority receives the dossier.

2. In case the dossier of request for review is complete and valid, the investigating authority shall notify such to the organization/individual and publicize the receipt of the complete and valid application.

3. In case the dossier of request for review is incomplete or invalid, the investigating authority shall notify such to the organization/individual for dossier supplementation. The time limit for dossier supplementation is 15 days after the investigating authority issues a notice requesting dossier supplementation.

4. Within 20 days after receiving the supplemented dossier within the required time limit, the investigating authority shall notify the organization/individual of the completeness and validity of the supplemented dossier as specified in Clauses 2 and 3 of this Article.

5. If the organization/individual fails to supplement or does not fully supplement information in the dossier as notified by the investigating authority within the time limit specified in this Article, the investigating authority shall return the dossier to the organization/individual together with a 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. Methods for determining export prices of goods under dumping or subsidization investigation

1. Export prices are selling prices of goods under dumping or subsidization investigation that are exported to Vietnam, based on lawful transaction documents.

2. In case there is no export price or there is evidence that the export price is unreliable, the investigating authority shall determine the export price as follows:

a/ The export price shall be formulated based on the resale price to the first independent customer under import-export conditions deemed reasonable by the investigating authority. The first independent customer is understood as a customer not having relationship with the related producer/exporter as specified in Article 5 of this Decree;

b/ If the export price is impossible to be determined under Point a of this Clause, it shall be formulated based on other reasonable grounds.

3. An export price will be deemed unreliable under Clause 2 of this Article in case the producer/exporter/importer or a third party has relationship as specified in Article 5 of this Decree or where there are offsetting arrangements.

Subsection 1

DUMPING

Article 23. Method of determining the normal value

1. If the like goods are sold in the domestic market of the exporting country in a significant volume or quantity, the normal value is the comparable price of the like goods sold in the domestic market of the exporting country under normal trade conditions as specified in Article 24 of this Decree.

2. If the like goods are not sold in the domestic market of the exporting country, or the domestic sale does not permit a proper comparison due to special conditions of that market, or if the like goods are sold in the domestic market of the exporting country with an insignificant volume or quantity, the normal value shall be determined by one of the following methods:

a/ The export price of the like goods to an appropriate third country, provided that such export price is representative;

b/ The investigating authority shall itself formulate the normal value based on the reasonable cost of production of the goods plus other reasonable expenses and a reasonable profit, taking into account each stage from production to circulation in the market of the exporting country or a third country.

3. The volume or quantity of the like goods sold in the domestic market of the exporting country as mentioned in Clause 1 of this Article shall be considered significant if it accounts for at least 5% of the total volume or quantity of the goods under investigation that are exported to Vietnam. The investigating authority may consider a lower proportion if having evidence that such a lower proportion is still sufficient for making a reasonable comparison.

Article 24. Normal trade conditions

The like goods shall be deemed to be sold in the domestic market of the exporting country under normal trade conditions, except the following cases:

1. Transactions involving the sale of the like goods in the domestic market of the exporting country or transactions involving export to the market of a third country are conducted at a selling price lower than the cost per unit of product for at least 6 months with a significant volume or quantity, and the selling price of these transactions is lower than the weighted average cost of production per unit of product of the like goods during the period of investigation for the purpose of determining dumping.

2. Transactions involving the sale of the like goods in the domestic market of the exporting country or transactions involving export to the market of a third country are conducted between related parties as specified in Article 5 of this Decree, and the selling prices offered by these parties do not reflect the market prices.

3. Transactions involving the sale of the like goods in the domestic market of the exporting country or transactions involving export to the market of a third country are conducted on the basis of offsetting arrangements.

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

Article 25. Adjustments to normal value and export price

When determining the dumping margin, the investigating authority shall consider the following adjustments:

1. Adjustments to bring the normal value and export price to the same stage in the goods circulation process.

2. Adjustments to the normal value and export price to the same point of time for calculation, or to the points of time that are as close as possible.

3. Adjustments to the normal value and export price when there appear differences in tax, sale conditions, trade level, volume, physical properties, and other factors deemed appropriate by the investigating authority.

4. When converting currencies, the investigating authority shall use the exchange rate at the time of goods sale, except transactions involving the sale of exported goods under forward contracts in which the exchange rate is that stated in the forward contracts. In case of exchange rate fluctuations, the investigating authority shall make appropriate adjustments to such fluctuations during the investigation period.

5. Other adjustments.

Article 26. Method of determining the dumping margin

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

2. The difference between the normal value and the export price mentioned in Clause 1 of this Article shall be determined by one of the following methods:

a/ Comparison between the weighted average value of the normal value and the weighted average value of the export price;

b/ Comparison between the normal value and the export price on a transaction-by-transaction basis;

c/ Comparison between the weighted average value of the normal value and the export price on a transaction-by-transaction basis, provided there exists a significant difference in export prices among different buyers, geographic areas and times of export.

3. The investigating authority shall determine a separate dumping margin for goods under investigation for each foreign producer/exporter in the case of investigation for application of anti-dumping measures, except the case specified in Article 27 of this Decree.

Article 27. Determination of dumping margin in case of sampling for investigation

1. In case there are multiple foreign producers or exporters from the same country or territory or there is a large number of types of goods under investigation, the investigating authority may narrow the scope of investigation by the method of sampling for investigation as specified in Article 40 of this Decree in order to determine the dumping margin.

2. In case the investigating authority narrows the scope of investigation by the method of sampling for investigation mentioned in Clause 1 of this Article, it shall determine the dumping margin of each group of the following foreign producers or exporters:

a/ Foreign producers or exporters that are selected as samples for investigation;

b/ Foreign producers or exporters from the same country or territory that are not selected as samples for investigation but voluntarily participate and cooperate with the investigating authority in the investigation stage;

c/ The remaining foreign producers or exporters

3. A separate dumping margin to be applied to goods under investigation of each foreign producer or exporter that is selected as a sample for investigation shall be determined by the method specified in Clauses 1 and 2, Article 26 of this Decree.

4. A dumping margin of goods under investigation of foreign producers or exporters from the same country or territory that are not selected as samples for investigation but voluntarily participate and cooperate with the investigating authority in the investigation stage shall be determined to be:

a/ Equal to the weighted average of the separate dumping margin applied to goods under investigation of foreign producers or exporters from the same country or territory that are selected as samples for investigation other than those with a separate dumping margin not exceeding 2% and those with a separate dumping margin determined based on available information as specified in Article 10 of this Decree; or,

b/ Equal to the difference between the weighted average of normal prices applied by foreign producers or exporters from the same country or territory that are selected as samples for investigation and export prices applied by foreign producers or exporters that are not selected as samples for investigation in case all foreign producers or exporters from the same country or territory that are selected as samples for investigation have a separate dumping margin not exceeding 2% or have a separate dumping margin determined based on available information as specified in Article 10 of this Decree.

5. Dumping margins of the remaining foreign producers or exporters shall be determined based on available information as specified in Article 10 of this Decree.

Subsection 2

SUBSIDIZATION

Article 28. Specificity of subsidies

1. Subsidies specified 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/ The subsidy is explicitly limited to one organization or individual or a group of organizations or individuals or a group of certain industries;

b/ Objective criteria and conditions for eligibility for the subsidy are provided in legal documents or other formal instruments but not automatically applied in practice and not strictly complied with;

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

d/ In case the subsidy is not specific as referred to at Point a, b or c of this Clause, the investigating authority may still determine its specificity on the basis of considering such factors as limited number of enterprises entitled to the subsidy, 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 subsidy levels

1. Methods of determining subsidy values are as follows:

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 as a loan to an organization or individual by the Government or an organization assigned or authorized by the Government, its value is the difference between the payable interest on such loan under market conditions and the interest to be actually paid by such organization or individual for such loan;

c/ If a subsidy is provided by the Government or an 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 the Government or an organization assigned or authorized by the Government in the form of direct transfer of capital or transfer of shares to an enterprise, its value is the actual capital amount received by the enterprise;

dd/ If a subsidy is provided in the form of purchase of goods or services by the Government or an 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 actually paid by the Government or the organization assigned or authorized by the Government for such goods or services;

e/ If a subsidy is provided in the form of provision of goods or services by the Government or an organization assigned or authorized by the Government to 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 applied by the Government or the organization assigned or authorized by the Government;

g/ If a subsidy is provided in the form of non-collection by the Government or an organization assigned or authorized by the Government of an amount payable by the concerned organization or individual, its value is the difference between the payable amount and the actually paid amount.

2. Values of subsidies in other forms shall be calculated in an equal and reasonable manner that are not contrary to international practices.

3. Specific subsidy levels for foreign producers or exporters shall be determined based on the total value of specific subsidies received by such foreign producers or exporters under 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 volume or quantity of dumped or subsidized goods that are imported into Vietnam is increased in absolute terms or relative to the volume or quantity of the like goods that are domestically produced or consumed;

b/ Impacts of price depression or suppression of goods under investigation that are imported into Vietnam on selling prices of the like domestic goods;

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

d/ Other related factors.

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

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 volume or quantity of dumped or subsidized goods that are imported into Vietnam is increased in absolute terms or relative to the volume or quantity of the like goods that are domestically produced or consumed;

b/ Whether the capacity of foreign producers 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 goods under investigation that are imported into Vietnam;

c/ Whether the dumped or subsidized goods that are imported into Vietnam significantly reduce or depress at a significant level or prevent a significant increase in selling prices of the like domestic goods, leading to a possible increase in the demand for imported goods;

d/ Inventory data of goods under investigation;

dd/ Other relevant factors.

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

Article 32. Determination of significant impediments 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 the domestic industry;

b/ Operation period of the domestic industry;

c/ Size of the domestic industry compared to the entire market;

d/ Reasonable financial break-even point of the domestic industry;

dd/ Whether the industry under consideration is new or an expansion of the size of an existing industry;

e/ Other relevant factors.

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

a/ Plan(s) of the domestic industry;

b/ Production capacity and output;

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

d/ Market share, turnover and profits;

dd/ Selling prices of the like goods in the country;

e/ Export of the like goods and import of goods under investigation;

g/ Inventory data of goods under investigation;

h/ Workforce and wage;

i/ Other relevant factors.

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

Article 33. Principles of cumulative assessment

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

2. The cumulative assessment of the effect of goods under investigation should take into account the competition conditions among goods under investigation and the conditions of competition between goods under investigation and the like domestic goods.

3. The cumulative assessment mentioned in Clause 1 of this Article does not cover countries with dumping margins specified in Clauses 2 and 3, Article 78 and subsidy levels specified in Clause 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 investigating authority shall:

1. Consider whether the dumping or subsidization of goods imported into Vietnam causes a material injury or threatens to cause a material injury to the domestic industry or causes a significant impediment to the formation of a domestic industry.

2. Refrain from regarding factors other than the dumping or subsidization for goods imported into Vietnam that causes a material injury or threatens to cause a material injury to the domestic industry or causes a significant impediment to the formation of a domestic industry as impacts caused by such dumping or subsidization. These factors include:

a/ The volume or quantity of the like goods imported into Vietnam that are not dumped or subsidized;

b/ The level of decline in consumption demand or change in the form of consumption for the like domestic goods;

c/ Trade restriction policy;

d/ Technology development;

dd/ Exportability and productivity of the domestic industry;

e/ Other relevant factors.

Section 3

PROCEDURES FOR INVESTIGATION FOR APPLICATION OF ANTI-DUMPING OR COUNTERVAILING MEASURES

Subsection 1

DOSSIERS OF REQUEST

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

1. A dossier of request for investigation for application of anti-dumping or countervailing measures must comprise the following relevant information, papers, documents and evidences:

a/ Names, addresses and other necessary information of the organizations or individuals as representatives of the concerned domestic industry;

b/ Information, data and evidences for determining the representative of the concerned domestic industry, including a list of domestic producers of the like goods, and volume or quantity of the like goods produced by the above organizations or individuals;

c/ Names and addresses of producers of the like goods that support or oppose the case;

d/ Information describing imported goods requested for investigation for application of anti-dumping or countervailing measures, including their scientific names, trade names and common names; ingredients; basic physical and chemical properties; production process; main use purpose; applicable international and Vietnamese standards and technical regulations; goods headings according to Vietnam’s Nomenclature of Exports and Imports;

dd/ Information describing the like goods of the concerned domestic industry, including their scientific names, trade names and common names; ingredients; basic physical and chemical properties; production process; main use purpose; and applicable international and Vietnamese standards and technical regulations;

e/ Information on the volume, quantity and value of imported goods as specified at Point d of this Clause during the period of at least 3 years before the date of dossier submission;

g/ Information, data and evidences on material injury or threat of material injury to, or significant impediment to the formation of, a domestic industry during the period of at least 3 years before the date of dossier submission or from the date the domestic industry commences its operation in case the domestic industry has operated for less than 3 years;

h/ Information, data and evidences 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, the domestic industry;

i/ Specific requirements on the application of anti-dumping or countervailing measures, and duration 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 measures must have:

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 goods requested for investigation for application of anti-dumping measures, including a specific list of foreign producers 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 measures must have information on and evidences of subsidies of the foreign country, including existence of subsidies; the country alleged to have provided subsidies; names and addresses of foreign organizations and individuals alleged to have received subsidies; subsidization form and policy; and subsidy quantity, volume and value.

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

1. The examination of the completeness and validity of dossiers of request for investigation for application of anti-dumping or countervailing measures must comply 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 the 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 in accordance with Clause 2, Article 79 and Clause 2, Article 87 of the Law on Foreign Trade Management;

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

Subsection 2

INVESTIGATION FOR APPLICATION OF ANTI-DUMPING OR COUNTERVAILING MEASURES

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

The Minister of Industry and Trade’s decision 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 Nomenclature of Exports and Imports.

2. Information on domestic producers of the like goods that request application of anti-dumping or countervailing measures.

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

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

5. Order and procedures for 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 investigating authority may set another investigation period which must not be shorter than 6 months.

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

Article 39. Sampling questionnaires

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

a/ Producers or exporters that export to Vietnam goods under anti-dumping or countervailing investigation, which the investigating authority knows;

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

2. The time limit for related parties to submit their responses to questionnaires is 10 days after receiving such questionnaires. A questionnaire shall be considered having reached the recipient after 7 days from the date it is sent by the investigating authority. The sending date shall be determined based on the postmark or the date the investigating authority publicly posts the questionnaire on its portal.

3. Foreign producers or exporters that fail to fill in questionnaires within the required time limit shall be regarded as uncooperative related parties under Article 9 of this Decree.

Article 40. Sampling for investigation

1. If there are multiple foreign producers or exporters from the same country or territory or there are too many types of goods requested for application of anti-dumping or countervailing measures, the investigating authority may narrow the scope of investigation by the method of sampling for investigation.

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

a/ Selecting foreign producers or exporters from the same country or territory that have the largest volume of goods exported to Vietnam during the investigation period that the investigating authority can carry out investigation without affecting the investigation period of the case as specified in Clause 3, Article 70 of the Law on Foreign Trade Management;

b/ Selecting foreign producers or exporters from the same country or territory based on information on types of goods imported into Vietnam of an appropriate statistical value and available to the investigating authority at the time of sampling.

3. Within 10 days after the expiration of the time limit for filling in questionnaires, the investigating authority shall notify the sampling for investigation and the list of foreign producers or exporters selected as samples for investigation in case of sampling for investigation. The investigating authority may consult the foreign producers or exporters expected to be selected as samples for investigation before proceeding with the selection.

4. The investigating authority may consider adding other foreign producers or exporters that have submitted filled-in questionnaires within the required time limit to the list of foreign producers or exporters selected as samples for investigation if it is so requested by such foreign producers or exporters and the addition does not affect the investigation time limit specified in Clause 3, Article 70 of the Law on Foreign Trade Management.

Article 41. Questionnaires for investigation for application of anti-dumping or countervailing measures

1. The investigating authority shall send questionnaires for investigation to the following related parties:

a/ Domestic producers of the like goods;

b/ Foreign producers or exporters that export to Vietnam goods under anti-dumping or countervailing investigation which the investigating authority knows;

c/ Vietnam-based representatives of the countries or territories that produce 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 investigating authority to send questionnaires for investigation to the related parties specified at Points a, d and dd, Clause 1 of this Article is 20 days after the Ministry of Industry and Trade decides on the investigation.

3. The time limit for the investigating authority to send questionnaires for investigation to the related parties specified at Points b and c, Clause 1 of this Article is 10 days after the investigating authority notifies the sampling for investigation under Clause 3, Article 10 of this Decree.

4. The time limit for the related parties to submit filled-in questionnaires is 30 days after receiving such questionnaires. In case of necessity or where the related parties request in writing the extension of the time limit for plausible reasons, the investigating authority may extend the time limit for no more than 30 days.

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

Subsection 3

APPLICATION OF ANTI-DUMPING OR COUNTERVAILING MEASURES

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

1. The imposition of provisional anti-dumping or countervailing duties, duty rates, duration of duty imposition, and extension of the duration of 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 a provisional anti-dumping or countervailing duty must have the following contents:

a/ Description of imported goods subject to duty imposition, including names, basic characteristics and headings of goods according to Vietnam’s Nomenclature of Exports and Imports;

b/ Names and other necessary information of producers or exporters of goods subject to duty imposition;

c/ Name of the country that produces or exports goods subject to duty imposition;

d/ Provisional duty rate;

dd/ Effect of and duration of duty imposition;

e/ Procedures and dossiers for inspection and duty imposition.

3. Provisional anti-dumping or countervailing duties may be applied no sooner than 60 days after the Minister of Industry and Trade decides on 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 to Vietnam that are under investigation requests extension of the duration of imposition of provisional anti-dumping duties or countervailing duties and the volume or quantity of such goods constitutes a significant proportion in the total volume or quantity of imported goods under investigation, the Minister of Industry and Trade may extend such duration for no more than 60 days.

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

1. Within 20 days after the investigating authority sends its final investigation conclusion to the Minister of Industry and Trade, the latter shall issue a decision on application or non-application of official anti-dumping or countervailing measures.

2. In case the Minister of Industry and Trade issues a decision on application of official anti-dumping or countervailing measures, such  decision must have the following contents:

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

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

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

d/ Investigation conclusion stating the necessity to apply official anti-dumping or countervailing measures;

dd/ The official anti-dumping or countervailing measures;

e/ Effect and duration of application of official anti-dumping or countervailing measures;

g/ Difference in anti-dumping or countervailing duty amounts, and handling of overpaid duty amounts, 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 issues a decision on non-application of official anti-dumping or countervailing measures and termination of the anti-dumping or countervailing case investigation under Clause 3, Article 71 of the Law on Foreign Trade Management, such decision must have the following contents:

a/ Description of imported goods not subject to the application of official anti-dumping or countervailing measures and eligible for termination of the investigation for application of anti-dumping or countervailing measures, including names, basic characteristics and headings of goods according to Vietnam’s Nomenclature of Exports and Imports;

b/ Name of the country that produces or exports the goods not subject to official anti-dumping or countervailing measures and eligible for termination of the investigation for application of anti-dumping or countervailing measures;

c/ Investigation conclusion having one of the contents specified in Clause 3, Article 71 of the Law on Foreign Trade Management;

d/ Guidance on handling of overpaid amounts of anti-dumping or countervailing duty (if any).

Article 44. Application of retrospective anti-dumping or countervailing duties

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

2. In case of considering the application of retrospective anti-dumping or countervailing duties within 90 days before the provisional anti-dumping or countervailing duties are imposed under 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 investigating authority must fully determine the following facts:

a/ Goods under investigation are determined to have been dumped and/or subsidized;

b/ The volume or quantity of goods under investigation and imported into Vietnam during the period from the commencement of investigation to the application of provisional anti-dumping or countervailing duties sees a sudden increase compared to the preceding period;

c/ The previously investigated goods used to be dumped, causing injury, or importers have known or should have known that foreign producers or exporters have committed the dumping act that is likely to cause injury;

d/ Injury caused by the dumped or subsidized goods that are imported in a large volume or quantity during a relatively short period is likely to significantly reduce the remedial effect of official anti-dumping or countervailing duties. The investigating authority shall give opportunities for importers to give opinions on these matters.

3. In case official anti-dumping or countervailing duty rates are higher than provisional anti-dumping or countervailing duty rates, retrospective anti-dumping or countervailing duty rates are equal to provisional anti-dumping or countervailing duty rates.

4. In case official anti-dumping or countervailing duty rates are lower than provisional anti-dumping or countervailing duty rates, retrospective anti-dumping or countervailing duty rates are equal to official anti-dumping or countervailing duty rates.

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

1. After the Minister of Industry and Trade issues a decision on application of provisional anti-dumping or countervailing duties or when the initial investigation conclusion is made, at least 30 days before the expiration of the investigation stage, the respondent or the Government of the respondent in case of countervailing investigation may send its written commitment to eliminating the dumping or subsidization to the investigating authority.

2. A commitment to eliminating the dumping must have 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 investigating authority in realizing the commitment;

dd/ Other relevant contents.

3. A commitment to eliminating the subsidization must have the following contents:

a/ Range of goods;

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

c/ Commitment to wholly or partly eliminating subsidization programs of the Government of the exporting country or territory;

d/ Periodical notification obligation;

dd/ Obligation to cooperate with the investigating authority in realizing the commitment;

e/ Other relevant contents.

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

5. A commitment to eliminating the dumping or subsidization shall be considered on the following bases:

a/ Whether its application is likely to remediate 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 is likely to effectively supervise the realization of the commitment;

c/ Possibility of circumventing anti-dumping or countervailing measures through the commitment;

d/ Other relevant factors.

6. The investigating authority may only consider the commitment to eliminating the dumping or subsidization of the respondent or the Government of the respondent that has fully cooperated in the investigation stage. When considering a commitment, the investigating authority may request adjustment of the commitment. Once the respondent or the Government of the respondent accepts the adjustment of the commitment, it shall send the adjusted commitment to the investigating authority.

7. The investigating authority shall send a notice showing the contents of the commitment to eliminating the dumping or subsidization to related parties under Article 11 of this Decree. Related parties may send their written comments within the time limit stated in the notice. If the commitment contains confidential information, the respondent or the Government of the respondent shall keep such information confidential under regulations.

Article 46. Decision on the commitment to eliminate dumping and subsidization

1. The investigating authority shall consider accepting or not accepting the commitment to eliminate dumping and subsidization of the respondent or the Government of the respondent in countervailing investigation. In case of not accepting the commitment to eliminate dumping and subsidization, the investigating authority shall notify the reason for non-acceptance of the commitment. In case of accepting the commitment to eliminate dumping and subsidization, the Minister of Industry and Trade shall issue a decision on acceptance of the commitment to eliminate dumping and subsidization.

2. The decisions and notices specified in Clause 1 of this Article must be publicly announced to related parties by appropriate means.

3. After obtaining the notice of non-acceptance of the commitment specified in Clause 1 of this Article, the investigating authority shall continue the investigation and issue the final conclusion.

4. After obtaining the decision on acceptance of the commitment specified in Clause 1 of this Article, the investigating authority shall continue the investigation and issue the final conclusion as follows:

a/ In case the investigating authority’s final conclusion determines that there is no dumping or subsidization or that there is no material injury or threat of material injury to the 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 terminate the implementation of the commitment;

b/ In case the investigating authority’s final conclusion determines that there is dumping or subsidization and there is material injury or threat of material injury to the domestic industry or significant impediment to the formation of a domestic industry, the commitment shall continue to be implemented according to the contents stated therein.

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

1. In case the Minister of Industry and Trade decides to accept the commitment to eliminate dumping and subsidization, the respondent or the Government of the respondent in countervailing investigation shall be subject to the supervision of the investigating authority regarding the implementation of the commitment to eliminate dumping and subsidization.

2. The investigating authority shall supervise the implementation of the commitment to eliminate dumping and subsidization as follows:

a/ Requesting the respondent or the Government of the respondent in  countervailing investigation that commits to eliminate dumping and subsidization to periodically provide information and documents related to the implementation of the commitment to eliminate dumping and subsidization and prove the accuracy of such information and documents;

b/ Periodically comparing the information, provided by the respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization, on the volume, quantity and price of goods subject to implementation of the commitment to eliminate dumping and subsidization that are imported into Vietnam with the information provided by customs offices;

c/ Conducting on-site investigation of the respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization if necessary;

d/ Checking information with importers of the respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization;

dd/ Other appropriate forms of supervision.

Article 48. Violation of commitments to eliminate dumping and subsidization

The implementation of a commitment to eliminate dumping and subsidization shall be considered being violated in the following cases:

1. The respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization exports the goods under investigation to Vietnam at a price lower than the committed price.

2. The respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization fails to periodically provide information on the implementation of the commitment as specified
therein.

3. The respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization is determined as not cooperating with the investigating authority according to Article 9 of this Decree in verification and on-site investigation of information the respondent or the Government of the respondent commits to periodically provide.

4. The information and data on the implementation of the commitment that are provided by the respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization are inaccurate.

5. The respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization is determined as having committed the act of circumventing the anti-dumping and countervailing measures currently applied.

6. The respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization arbitrarily cancels the commitment without notifying thereof to the investigating authority as prescribed in Clause 3, Article 49 of this Decree.

7. Other cases.

Article 49. Cancellation of commitments to eliminate dumping and subsidization

A commitment to eliminate dumping and subsidization shall be cancelled in the following cases:

1. The respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization commits a violation of the commitment as prescribed in Article 48 of this Decree.

2. The investigating authority requests the cancellation of the commitment to eliminate dumping and subsidization.

3. The respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization may request the cancellation of the commitment at any time during the validity period of the commitment, provided that the request is made in writing and sent to the investigating authority at least 30 days before the commitment is cancelled.

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

1. In case of cancellation of a commitment to eliminate dumping and subsidization under Clause 1, Article 49 of this Decree, the Minister of Industry and Trade shall decide to cancel the commitment to eliminate dumping and subsidization and to apply official anti-dumping and countervailing measures based on available information and such measures shall apply retroactively to goods of the respondent or the Government of the respondent in countervailing investigation that commits to eliminate dumping and subsidization but violates the commitment.

2. In case of cancellation of a commitment to eliminate dumping and subsidization under Clause 2 or 3, Article 49 of this Decree, the application of anti-dumping and countervailing measures is as follows:

a/ In case the cancellation of the commitment to eliminate dumping and subsidization occurs during the period when provisional anti-dumping and countervailing measures are being applied, the Minister of Industry and Trade shall decide to cancel the implementation of the commitment to eliminate dumping and subsidization and notify thereof to customs offices for application of provisional anti-dumping and countervailing measures based on the preliminary conclusion.

b/ In case the cancellation of the commitment to eliminate dumping and subsidization occurs during the period when official anti-dumping and countervailing measures are being applied, the Minister of Industry and Trade shall decide to cancel the implementation of the commitment to eliminate dumping and subsidization and notify thereof to customs offices for application of official anti-dumping and countervailing measures based on available information and the final conclusion.

Section 4

REVIEW OF THE APPLICATION OF ANTI-DUMPING AND COUNTERVAILING MEASURES

Subsection 1

CONTENTS OF REVIEW

Article 51. Review at the request of related parties

1. Every year during the first four years from the date the decision on application of anti-dumping and countervailing measures officially takes effect or the decision on extension of anti-dumping and countervailing measures takes effect, the party requesting the review has the right to submit a dossier of request for review.

2. At least 60 days before the end of a full-year period from the date the decision on application of anti-dumping and countervailing measures officially takes effect or the decision on extension of anti-dumping and countervailing measures takes effect, the investigating authority shall notify the receipt of dossiers of request for review.

3. Within 30 days after the investigating authority makes notification under Clause 2 of this Article, the party requesting the review has the right to submit a dossier of request for review.

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

a/ The dumping margin(s) and subsidy level(s) of one, some or all foreign producer(s) and exporter(s);

b/ Injury to the domestic industry and the causal relationship between dumping and subsidization of foreign producers and exporters and the injury to the domestic industry;

c/ Changes in business activities of foreign producers and exporters that lead to changes in the name and structure of foreign producers and exporters.

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

1. At least 15 months before the anti-dumping and countervailing measures expire, the investigating authority shall notify the receipt of dossiers of request for review.

2. Within 30 days after the investigating authority issues the notice, the party requesting the review has the right to submit a dossier of request for sunset review of the application of anti-dumping and countervailing measures.

3. In case the dossier of request for sunset review meets the requirements specified in Clause 5, Article 57 of this Decree, the investigating authority shall review the following contents:

a/ The possibility of continuation or recurrence of dumping or subsidization of imported goods if the application of anti-dumping and countervailing measures is terminated;

b/ The possibility that the domestic industry will continue or recur suffering material injury or threat of material injury if the application of anti-dumping and countervailing measures is terminated;

c/ The socio-economic impact of the continued application of anti-dumping and countervailing measures.

4. Except the cases specified in Clause 3 of this Article, the investigating authority shall review the following contents:

a/ The volume and quantity of goods subject to anti-dumping and countervailing measures that are imported into Vietnam since the application of the measures;

b/ The necessity, reasonability and effectiveness of anti-dumping and countervailing measures and their socio-economic impacts.

Article 53. Review of new exporters

1. The party requesting the review that is a new exporter has the right to submit a dossier of request for review at any time after the anti-dumping and countervailing duty officially takes effect.

2. The investigating authority shall review the new exporter, covering the following contents:

a/ The new exporter’s own dumping margin and subsidy level;

b/ Conditions on application of anti-dumping and countervailing measures to the new exporter.

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

1. The party requesting the review has the right to submit a dossier of request for review at any time after the anti-dumping and countervailing duty officially takes effect.

2. The investigating authority shall review the scope of goods subject to anti-dumping and countervailing measures, covering the following contents:

a/ Comparison of the imported goods subject to review and the like domestic goods;

b/ Production capacity of the like goods of the domestic industry.

Article 55. Review of changes in circumstances of application of countervailing measures

1. In cases of review of changes in circumstances, the party requesting the review has the right to submit a dossier of request for review at any time after the countervailing measures officially take effect.

2. The investigating authority shall conduct a review of changes in circumstances, covering the contents specified in Clause 5, Article 90 of the Law on Foreign Trade Management.

Subsection 2

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

Article 56. Parties requesting review of the application of anti-dumping and countervailing measures

Parties requesting review of the application of anti-dumping and countervailing measures under this Decree:

1. Domestic producers as prescribed in Clause 2, Article 79 and Clause 2, Article 87 of the Law on Foreign Trade Management have the right to submit dossiers of request for review under Articles 51, 52 and 55 of this Decree.

2. Foreign producers and exporters as prescribed in Clause 1, Article 74 of the Law on Foreign Trade Management have the right to submit dossiers of request for review under Articles 51, 52, 53, 54 and 55 of this Decree.

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

4. The Governments of foreign producers and exporters as prescribed in Clause 1, Article 74 of the Law on Foreign Trade Management have the right to submit dossiers of request for review of the application of countervailing measures to producers and exporters of their countries under Article 55 of this Decree.

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

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

a/ Name, address and other necessary information of the party requesting the review;

b/ Information on the anti-dumping and countervailing measures requested for review;

c/ Specific contents requested to be reviewed;

d/ Other supplementary information specified in Clauses 2, 3, 4, 5, 6 and 7 of this Article corresponding to each specific case of request for review.

2. In case of review under Point a, Clause 4, Article 51 of this Decree, the dossier of request for review must include the following supplementary information:

a/ Name, address and other necessary information of the foreign producer or exporter against whom the request for review is made in case the party requesting the review is a domestic producer or an importer;

b/ Information on the export of goods subject to anti-dumping and countervailing measures of the foreign producer or exporter to Vietnam for at least 1 year prior to the time of submission of the dossier of request for review;

c/ Information on the production and sale of goods subject to anti-dumping and countervailing measures of the foreign producer or exporter in the domestic market of the exporting country (if any) for at least 1 year prior to the time of submission of the dossier of request for review;

d/ Information on the subsidies, subsidy value and subsidy level in case of requesting review of the subsidy level;

dd/ Other information that the party requesting the review deems to be necessary.

3. In case of review under Point b, Clause 4, Article 51 of this Decree, the dossier of request for review must comprise the following supplementary information:

a/ Information on injury to the domestic industry;

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

c/ Other information that the party requesting the review deems to be necessary.

4. In case of review under Point c, Clause 4, Article 51 of this Decree, the dossier of request for review must comprise the following additional information:

a/ Valid documents as prescribed by the law of the host country on changes in information of the company requesting the review;

b/ Information and documents showing changes or no changes in organizational structure and production capacity after changes in the company structure;

c/ Other information that the party requesting the review deems to be necessary.

5. In case of review under Article 52 of this Decree, the dossier of request for review must comprise the following supplementary information:

a/ Information, data and evidence to identify representatives of the domestic industry, including a list of domestic organizations and individuals producing the like goods; volume and quantity of the like goods produced by organizations and individuals on the list;

b/ Names and addresses of organizations and individuals producing the like goods that support or oppose the case (if any);

c/ Information on the volume, quantity and value of imported goods subject to anti-dumping and countervailing measures in the 12-month period prior to submission of the dossier;

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

dd/ Information, data and evidence on the possibility that the domestic industry will continue or recur suffering material injury or threat of material injury if the application of anti-dumping and countervailing measures is terminated;

e/ Other information that the party requesting the review deems to be necessary.

6. In case of review under Article 54 of this Decree, the dossier of request for review must comprise the following supplementary information:

a/ Information and detailed descriptions of the goods requested for review;

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

c/ Other information that the party requesting the review deems to be necessary.

7. In case of review under Article 55 of this Decree, the dossier of request for review must comprise the following additional information:

a/ Information and documents showing changes after the countervailing measures take effect;

b/ Request for change of countervailing measures by the party requesting the review;

c/ Other information that the party requesting the review deems to be necessary.

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

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

2. Within 30 days after notifying the receipt of a complete and valid dossier of request for review, the investigating authority shall appraise the contents of the dossier and send it to the Minister of Industry and Trade for the latter to consider and decide to conduct a review of anti-dumping and countervailing measures. The appraisal of the contents of the dossier of request for review must cover:

a/ Determining the eligibility of the organization or individual submitting the dossier of request according to regulations;

b/ Determining whether the information, documents and evidence in the dossier are consistent with the content of the request.

Article 59. Sunset review in case there is no dossier of request for sunset review or dossiers of request for sunset review are incomplete and invalid

1. In case there is no dossier of request for sunset review or dossiers of request for sunset review are incomplete and invalid, the sunset review of anti-dumping and countervailing measures shall be conducted according to Clause 2, Article 82 and Clause 2, Article 90 of the Law on Foreign Trade Management.

2. Contents of the sunset review must comply with Clause 4, Article 52 of this Decree.

Article 60. Decision on review of application of anti-dumping and countervailing measures

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

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

2. Grounds for conducting the review.

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

4. Specific contents to be reviewed.

5. Review period.

6. Review process and procedures.

Article 61. Questionnaire for review of the application of anti-dumping and countervailing measures

1. Within 20 days after the Minister of Industry and Trade decides to conduct the review, the investigating authority shall send the review questionnaire to the parties involved in the review.

2. Within 30 days after receiving the review questionnaire, questionnaire recipients shall send a filled-in questionnaire to the investigating authority. If necessary or if the involved parties have a written request for an extension with reasonable reasons, the investigating authority may extend the time limit for at most 30 days.

3. The review questionnaire shall be regarded as having been received after 7 days from the date it is sent by the investigating authority. The sending date shall be determined based on the postmark or the date the investigating authority publicly posts the review questionnaire on its portal.

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

1. Within 20 days from the date the investigating authority sends 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 and countervailing measures.

2. Based on the investigating authority’s conclusion on the review conducted at the request of the related party, the Minister of Industry and Trade shall issue a decision including one or several of the following contents:

a/ Adjusting or not adjusting the application of anti-dumping and countervailing measures;

b/ Terminating the application of anti-dumping and countervailing measures in case the conclusion on the review determines that anti-dumping and countervailing measures are no longer necessary to remedy injury to the domestic industry or there are insufficient grounds to determine that injury to the domestic industry will continue or recur if the anti-dumping and countervailing measures are terminated;

c/ Adjusting the name and relationship of the related production and export enterprises and the applicable anti-dumping and countervailing duty rates.

3. Based on the investigating authority’s conclusion on the review of a new exporter, the Minister of Industry and Trade shall issue a decision including one or more than one the following contents:

a/ Applying separate anti-dumping and countervailing measures to the new exporter;

b/ Continuing to apply anti-dumping and countervailing measures currently in effect in case the new exporter withdraws the dossier of request for review or does not cooperate during the review process.

4. Based on the investigating authority’s conclusion on the review of the scope of goods, the Minister of Industry and Trade shall issue a decision including one or several of the following contents:

a/ Not adjusting the scope of goods subject to anti-dumping and countervailing measures;

b/ Narrowing the scope of goods subject to anti-dumping and countervailing measures.

5. Based on the investigating authority’s conclusion on the review of changes in circumstances, the Minister of Industry and Trade shall issue a decision including one or more than one of the following contents:

a/ Terminating the application of countervailing measures in case the conclusion determines that the countervailing measures are no longer necessary to remedy injury to the domestic industry or there are insufficient grounds to determine that injury to the domestic industry will continue or recur if the countervailing measures are terminated;

b/ Adjusting or not adjusting the application of countervailing measures;

c/ Adjusting the name and relationship of the related production and export enterprises and the applicable countervailing duty rate.

6. Based on the investigating authority’s conclusion on sunset review, the Minister of Industry and Trade shall issue a decision including one or more than one of the following contents:

a/ Adjusting or not adjusting the application of anti-dumping and countervailing measures;

b/ Extending the application of anti-dumping and countervailing measures in case the sunset review conclusion determines that failure to extend the anti-dumping and countervailing measures is likely to lead to the continuation or recurrence of dumping or subsidization and cause material injury to the domestic industry;

c/ Not extending the application of anti-dumping and countervailing measures in the cases specified in Clause 7 of this Article;

d/ Narrowing the scope of goods subject to anti-dumping and countervailing measures.

7. The Minister of Industry and Trade shall decide not to extend the application of anti-dumping and countervailing measures in case the investigating authority’s sunset review conclusion contains one or more than one of the following contents:

a/ The investigating authority’s sunset review conclusion determines that domestic producers fail to submit a dossier of request for sunset review to extend the anti-dumping and countervailing measures within the required time limit;

b/ The investigating authority’s sunset review conclusion determines that the dossier of request for the sunset review to extend the anti-dumping and countervailing measures is not complete and valid;

c/ The investigating authority’s sunset review conclusion determines that there are insufficient grounds to confirm the continuation or recurrence of dumping and subsidization acts;

d/ The investigating authority’s sunset review conclusion determines determines that there are insufficient grounds to confirm that the domestic industry will continue or recur material injury if the application of anti-dumping and countervailing measures is not extended.

8. The adjustment of the application of anti-dumping and countervailing measures specified at Points a and c, Clause 2 of this Article; Points a and b, Clause 3 of this Article; Points a and b, Clause 4 of this Article; and Points b and c, Clause 5 of this Article, does not affect the duration of application of anti-dumping and countervailing measures currently in effect.

Chapter III

INVESTIGATION, APPLICATION, AND REVIEW OF THE APPLICATION OF SAFEGUARD MEASURES

Section 1

PROCESS AND PROCEDURES FOR INVESTIGATION FOR APPLICATION OF SAFEGUARD MEASURES

Subsection 1

DOSSIERS 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 the following relevant papers, documents and evidence:

1. Name, address and other necessary information of the organization or individual as representative of the domestic industry;

2. Information, data and evidence for determining representatives of the domestic industry, including a list of domestic producers of the like goods or directly competitive goods, and volume and quantity of the like goods or directly competitive goods produced by the representative;

3. Names and addresses of producers of the like goods or directly competitive goods that support or oppose the case;

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

5. Descriptions of the like goods or directly competitive goods of the domestic industry, including their scientific names, trade names and common names; basic physical and chemical characteristics; main use purpose; production process; and applicable international and Vietnamese standards and technical regulations (if any);

6. Information on the volume, quantity and value of imported goods as specified in Clause 4 of this Article for at least 3 consecutive years before the date of dossier submission;

7. Information, data and evidence on material injury or threat to cause material injury to the domestic industry for at least 3 years before the date of dossier submission or since the domestic industry commenced operation in case that industry has operated 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 material injury or threat to cause material injury to the 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 examination of the completeness and validity of a dossier of request for investigation for application of safeguard measures must comply with Article 20 of this Decree.

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

3. The appraisal of a dossier of request for investigation for application of safeguard measures must cover:

a/ Determination of the dossier submitter’s eligibility to act as a legal representatives of the domestic industry under regulations;

b/ Identification of evidence that the excessive import of goods into Vietnam causes material injury or threatens to cause material injury to the domestic industry.

4. An organization or individual may be considered a legal representative of the domestic industry specified at Point a, Clause 3 of this Article when the total volume or quantity of the like goods or directly competitive goods of the domestic producers that submit the dossier and domestic producers that support the request for investigation for application of safeguard measures accounts for at least 25% of the aggregate volume or quantity of domestically produced like goods or directly competitive goods.

5. In case the investigating authority has conspicuous evidence that the excessive import of goods into Vietnam causes material injury or threatens to cause material injury to the domestic industry, the Minister of Industry and Trade shall decide to conduct 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, and goods headings according to Vietnam’s Nomenclature of Exports and Imports.

2. Names of domestic producers of the like goods or directly competitive goods that request the application of safeguard measures.

3. Brief information about the increase in the import of goods under investigation that causes material injury or threatens to cause material injury to a domestic industry.

4. Order and procedures for investigation for application of safeguard measures.

Article 66. Investigation period for determining injury to a domestic industry in an investigation for application of safeguard measures

The investigation period for determining material injury or threatens to cause material injury to a domestic industry is at least 3 years. If a related party has operated for less than 3 years, to-be-collected data will be those of the entire operation period of such party.

Article 67. Questionnaires for investigation for application of safeguard measures

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

a/ Domestic producers of the like goods or directly competitive goods;

b/ Importers of goods under investigation for application of safeguard measures;

c/ Other related parties.

2. Within 30 days after receiving questionnaires, related parties shall fully make written responses to the questionnaires. When necessary or when related parties make a written request for extension of the time limit for a plausible reason, the investigating authority may extend the time limit for no more than 30 days.

3. A questionnaire shall be considered having reached the recipient after 7 days from the date it is sent by the investigating authority. The sending date shall be determined according to the postmark or the date the investigating authority posts the questionnaire on its portal.

Article 68. Determination of material injury or threat to cause material injury to a domestic industry in an investigation case for application of safeguard measures

1. The determination of material injury to a domestic industry shall be based on the consideration of the following factors:

a/ The increase in the volume or quantity of imported goods under investigation in absolute terms or in relation to the volume or quantity of the like goods or directly competitive goods domestically produced;

b/ The increase in the volume or quantity of goods under investigation as specified at Point a of this Clause under impacts of unanticipated changes;

c/ The impacts of the prices of imported goods under investigation on the prices of the like goods or directly competitive goods domestically produced;

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

2. The determination of threat to cause material injury to a domestic industry shall be based on the consideration of the following factors:

a/ The increase in the volume or quantity of imported goods under investigation in absolute terms or in relation to the volume or quantity of the like goods or directly competitive goods domestically produced;

b/ The increase in the volume or quantity of goods under investigation specified at Point a of this Clause under impacts of unanticipated changes;

c/ Whether the capacity of foreign producers 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 excessively imported goods significantly reduce or depress at a significant level or prevent a significant increase in selling prices of the like goods or directly competitive goods domestically produced, leading to the possibility of an increase in the demand for imported goods;

dd/ Inventory data of goods under investigation;

e/ Other relevant factors.

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

Article 69. Determination of the causal relationship between the excessively imported goods and injury to a domestic industry in an investigation case for application of safeguard measures

When determining the causal relationship between the excessive import of goods under investigation and material injury or threat to cause material injury to a domestic industry, the investigating authority shall:

1. Consider whether the excessive import of goods under investigation causes or threatens to cause material injury to the domestic industry.

2. Not regard factors other than the excessive import of goods under investigation that causes or threatens to cause material injury to the domestic industry as impacts caused by such import. These factors include:

a/ The level of decline in the consumption demand or change in the consumption pattern of the like goods or directly competitive goods domestically produced;

b/ The import volume or quantity of goods under investigation originating in countries and territories not subject to the investigation;

c/ Trade restriction policy;

d/ Technology development;

dd/ Exportability;

e/ Productivity of the domestic industry;

g/ Other relevant factors.

Subsection 3

APPLICATION OF SAFEGUARD MEASURES

Article 70. Application of provisional safeguard measures

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

a/ Imported goods under investigation record an excessive increase;

b/ A domestic industry suffers material injury or encounters a threat to cause material injury;

c/ The excessive increase in the import specified at Point a of this Clause is the cause of material injury or threat to cause material injury to a domestic industry;

d/ The late application of safeguard measures will cause material injury or threaten to cause material 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 on application of provisional safeguard measures has the following contents:

a/ Detailed descriptions of imported goods subject to provisional safeguard measures, and goods headings according to Vietnam’s Nomenclature of Exports and Imports;

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

c/ Provisional safeguard duty rates;

d/ Effect and time limit of the application of provisional safeguard measures;

dd/ Investigation conclusion containing information and evidence that the increased import of goods under investigation causes or threatens to cause material injury to a 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 investigating authority sends its final conclusion to the Minister of Industry and Trade, the latter shall issue a decision on application or non-application of official safeguard measures.

2. If the Minister of Industry and Trade decides to apply official safeguard measures, a decision of application of official safeguard measures must have the following contents:

a/ Descriptions of imported goods subject to official safeguard measures, including their names, basic characteristics and goods headings according to Vietnam’s Nomenclature of Exports and Imports;

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

c/ Official safeguard measures;

d/ Effect and time limit of the application of official safeguard measures;

dd/ The difference in provisional safeguard duty and handling of overpaid duty amount (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. If the Minister of Industry and Trade decides not to apply official safeguard measures and to terminate the safeguard case investigation under Clause 3, Article 71 of the Law on Foreign Trade Management, the decision on non-application of official safeguard measures and termination of the safeguard case investigation must have the following contents:

a/ Descriptions of imported goods not subject to official safeguard measures and eligible for termination of the safeguard investigation, including their names, basic characteristics and goods headings according to Vietnam’s Nomenclature of Exports and Imports;

b/ Investigation conclusion containing one of the contents specified in Clause 3, Article 71 of the Law on Foreign Trade Management;

c/ Instructions for handling of overpaid provisional safeguard duty (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 investigating authority can maintain with explicit evidence that a lower quota volume or quantity is necessary for preventing or remediating material injury or threat to cause material injury to a domestic industry.

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

3. In case the volume or quantity of goods imported from one or more than one country or territory shows an inappropriate increase compared to the increase in the total volume of imported goods under investigation for 3 years, the Ministry of Industry and Trade may apply a quota amount lower than the average of the last three years or allocate a quota amount to each country or territory regardless of its market share of exported goods to Vietnam in the last 3 years.

4. The application of Clause 3 of this Article must be based on legitimate grounds and conditions for consideration after an agreement with relevant countries and territories is reached so as to ensure fairness to all countries and territories whose goods exported to Vietnam are subject to safeguard measures. The quota allocation does not apply when the investigating authority finds that there is a threat to cause material injury in the safeguard case.

5. In case the import quota or tariff quota measure is to be applied for over 1 year, the Ministry of Industry and Trade shall loosen the import quota or tariff quota measure applied for subsequent years.

6. Customs offices shall monitor the application of safeguard measures and reconciliate import quotas or tariff quotas.

7. The Ministry of Industry and Trade shall consult the countries and territories that have major volumes or quantities of goods imported into Vietnam for which quotas are allocated to them.

Section 2

REVIEW OF THE APPLICATION OF SAFEGUARD MEASURES

Subsection 1

REVIEW CONTENTS

Article 73. Interim review of the application of safeguard measures

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

2. At least 6 months before the half of the application period has passed, the investigating authority shall announce the receipt of dossiers of request for interim review of the application of safeguard measures.

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

a/ Determination of information and data on the volume or quantity of imported goods subject to safeguard measures since the safeguard measure was applied;

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

c/ The possibility of reducing the level of 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 expiration of the application period of safeguard measures, the investigating authority shall announce the receipt of dossiers of request for review of the application of safeguard measures.

2. Within 30 days after the investigating authority makes the above announcement, a representative of 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 will consider and decide to conduct sunset review of the application of safeguard measures when receiving a complete and valid dossier of request for extension of the time limit for application of safeguard measures from a producer of the like goods or directly competitive goods representing the domestic industry.

4. An organization or individual submitting a dossier of request for extension of application of safeguard measures is considered a representative of a domestic industry when the total volume or quantity of the like goods or directly competitive goods of the domestic producers that submit the dossier and domestic producers that support the request accounts for at least 25% of the aggregate volume or quantity of domestically produced like goods or directly competitive goods.

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

a/ The determination of information and data on the volume or quantity of imported goods subject to safeguard measures since the safeguard measure was applied;

b/ The assessment of production and business activities of a domestic industry since the safeguard measure was applied;

c/ The assessment of adjustments of a domestic industry since the safeguard measure was applied;

d/ The assessment of whether the continuation of safeguard measures is necessary or unnecessary to prevent or remedy material injury to the domestic industry.

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

1. A 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 and decide to review the range of goods subject to safeguard measures when receiving a complete and valid dossier of request for review from an importer of goods subject to safeguard measures specified 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 cover the following:

a/ Comparison of imports and domestically produced the like goods or directly competitive goods;

b/ Substitutability of imported goods;

c/ The domestic industry’s capacity to produce the like goods or directly competitive goods.

Subsection 2

PROCESS AND PROCEDURES FOR REVIEWING 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 the following papers, documents and evidence:

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

b/ Information on safeguard measures requested for review;

c/ Specific contents of the requested review;

d/ Other information specified in Clauses 2 and 3 of this Article.

2. For cases of sunset review of application of safeguard measures specified in Article 74 of this Decree, a dossier of request for review must have the following additional information:

a/ Information and data on the volume or quantity of imported goods subject to safeguard measures since the safeguard measure was applied;

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

c/ Information and data on adjustments made by the domestic industry since the safeguard measure was applied;

d/ Information, data and evidence indicating that the continuation of safeguard measures is necessary to prevent or remedy material injury to the domestic industry;

dd/ Other information deemed necessary by the review-requesting party.

3. For cases of review specified in Article 75 of this Decree, a dossier of request for review must have the following additional information:

a/ Information, documents and evidence related to the range of goods requested for review;

b/ Comparison of imports and the like goods or directly competitive goods domestically produced;

c/ Assessment of the substitutability of imported goods;

d/ Information and data on the domestic industry’s capacity to produce the like goods or directly competitive goods.;

dd/ Other information deemed necessary by the review-requesting party.

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

1. The examination of the completeness and validity of dossiers of request for review of the application of safeguard measures must comply with Article 21 of this Decree.

2. Within 30 days after the investigating authority announces the receipt of a complete and valid dossier of request for review of the application of safeguard measures, it shall appraise the contents of the dossier and submit it to the Minister of Industry and Trade for consideration and decision on review of the application of safeguard measures. The appraisal of a dossier of request for review of the application of safeguard measures covers:

a/ The identification of the legal status of the dossier submitter under regulations;

b/ The determination that information, documents and evidence in the dossier are consistent with the contents of the requested review.

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

A decision on review of the application of safeguard measures must have the following contents:

1. Basic information on the application of safeguard measures.

2. Grounds for review.

3. Information on the review-requesting party.

4. Specific contents of the review.

5. Review period.

6. Review order and procedures.

Article 79. Questionnaires for review of the application of safeguard measures

1. Within 20 days after the Minister of Industry and Trade decides to review the application of safeguard measures, the investigating authority shall send questionnaires for review to concerned parties.

2. Within 30 days after receiving the questionnaires for review, the recipients of the questionnaires shall send complete responses to the investigating authority. This time limit may be extended once by the investigating authority for no more than 30 days based on the written request for extension of the related party.

3. The questionnaires shall be considered having reached the recipients after 7 days from the date they are sent by the investigating authority. The sending date shall be determined according to the postmark or the date the investigating authority posts the questionnaire for review on its portal.

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

1. Based on the investigating authority’s interim review results, the Minister of Industry and Trade shall issue one of the following decisions:

a/ Maintenance of the application of safeguard measures;

b/ Reduction of the level of application of safeguard measures;

c/ Termination of the application of safeguard measures.

2. Based on the investigating authority’s sunset review conclusions, the Minister of Industry and Trade shall issue one of the following decisions:

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 investigating authority’s conclusion on the review of the range of goods, the Minister of Industry and Trade shall issue one of the following decisions:

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

ANTI-CIRCUMVENTION INVESTIGATION

Section 1

ACTS OF CIRCUMVENTION OF TRADE REMEDIES

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

The scope of application of trade remedies may be expanded to goods involved in circumvention of trade remedies as follows:

1. Goods involved in circumvention of trade remedies through manufacturing or assembly activities in Vietnam.

2. Goods involved in circumvention of trade remedies through manufacturing or assembly activities in third countries.

3. Goods involved in circumvention of trade remedies through insignificant modification of goods subject to trade remedies.

4. Goods involved in circumvention of trade remedies by transshipment through one or more than one country.

5. Goods involved in trade remedy circumvention through changing manufacturers in order to benefit from differences in the applicable duty rates of the trade remedies.

Article 82. Circumvention of trade remedies through manufacturing and assembly activities in Vietnam

1. Goods specified in Clause 1, Article 81 of this Decree shall be considered circumventing trade remedies through manufacturing or assembly activities in Vietnam if the following conditions are fully met:

a/ The like goods of the goods subject to trade remedies are manufactured or assembled in Vietnam using raw materials, components or supplies imported from countries subject to trade remedies, and sold in Vietnam at a price lower than the normal value during the initial investigation period of the goods subject to trade remedies;

b/ There is a significant increase in the manufacturing or assembly activities in Vietnam after the Minister of Industry and Trade decides to initiate an investigation or to apply initial trade remedies;

c/ Raw materials, components or supplies originating in countries subject to initial trade remedies account for at least 60% of the total value of the raw materials, components or supplies used to manufacture or assemble the like goods of the goods subject to initial trade remedies in Vietnam;

d/ The value added from the manufacturing or assembly activities in Vietnam of the like goods of the goods subject to initial trade remedies is insignificant.

2. The value added from manufacturing or assembly activities in Vietnam of the like goods of the goods subject to initial trade remedies is considered insignificant as specified at Point d, Clause 1 of this Article, based on the following factors:

a/ The ratio of value added from the manufacturing or assembly activities in Vietnam accounts for less than 25% of the total manufacturing costs of the like goods;

b/ The level of investment for manufacturing activities in Vietnam is insignificant;

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

d/ Additional equipment invested to serve the manufacturing activities in Vietnam is insignificant;

dd/ Other distinguishing factors constituting the manufacturing process of the goods in Vietnam are insignificant.

Article 83. Circumvention of trade remedies through manufacturing and assembly activities in third countries

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

1. The export price into Vietnam of the goods subject to anti-circumvention investigation from third countries is lower than the normal price during the initial investigation period of the goods subject to trade remedies.

2. The volume or quantity of the goods imported into Vietnam significantly increases after the Minister of Industry and Trade decides to initiate an investigation or to apply initial trade remedies.

3. Goods being raw materials, components or supplies originating in countries subject to initial trade remedies account for at least 60% of the total value of the raw materials, components or supplies of the goods subject to anti-circumvention investigation exported into Vietnam.

4. Goods subject to anti-circumvention investigation shall be determined as not originating in third countries according to non-preferential rules of origin specified in current legal documents.

Article 84. Circumvention of trade remedies through insignificant modification of goods subject to trade remedies

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

a/ The imported volume/quantity of the goods increases significantly compared to the volume/quantity of the goods subject to trade remedies imported into Vietnam after the Minister of Industry and Trade decides to initiate an investigation or to apply initial trade remedies;

b/ The imported volume/quantity of the goods increases significantly after the Minister of Industry and Trade decides to initiate an investigation or to apply initial trade remedies.

2. Goods subject to anti-circumvention investigation shall be considered insignificantly modified compared to the goods currently subject to trade remedies based on assessment of the following factors:

a/ General physical and chemical properties;

b/ Final use purpose;

c/ Interchangeability;

d/ Manufacturing process;

dd/ Manufacturing costs;

e/ Consumers’ consumption trends;

g/ Marketing methods;

h/ Trade and distribution channels;

i/ Trading model;

k/ Price change.

Article 85. Circumvention of trade remedies by transshipment through one or more than one country/territory

Goods specified in Clause 4, Article 81 of this Decree shall be considered circumventing trade remedies by transshipment through one or more than one country/territory if the following conditions are fully met:

1. The goods subject to trade remedies are manufactured by a manufacturer/exporter currently subject to initial trade remedies.

2. The goods are imported into Vietnam from a country/territory not subject to initial trade remedies.

3. The goods are initially shipped from a country/territory currently subject to initial trade remedies.

4. The goods have been transshipped through one or more than one country/territory before being imported into Vietnam.

Article 86. Circumvention of trade remedies through changing the manufacturer in order to benefit from the difference in the applicable duty rates of the trade remedies

Goods specified in Clause 5, Article 81 of this Decree shall be considered circumventing  trade remedies through changing the manufacturer to benefit from the difference in the applicable duty rates of the trade remedies if the following conditions are fully met:

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

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

a/ The initial trade remedies are not applied to the goods of that foreign manufacturer; or,

b/ The initial trade remedies are applied to the goods of that foreign manufacturer at a duty rate lower than that applied to other foreign manufacturers specified in Clause 3 of this Article.

3. The goods are purchased by a foreign manufacturer from other foreign manufacturers currently subject to initial trade remedies, for the purpose of exportation to Vietnam.

4. The goods subject to anti-circumvention investigation shall be subject to trade remedies if being imported into Vietnam from other foreign manufacturers specified in Clause 3 of this Article.

Section 2

INVESTIGATION FOR APPLICATION OF ANTI-CIRCUMVENTION MEASURES

Subsection 1

DOSSIERS OF REQUEST

Article 87. Dossiers of request for investigation for application of anti-circumvention measures

1. The involved parties specified in Article 74 of the Law on Foreign Trade Management have the right to submit dossiers of request for investigation for application of anti-circumvention measures.

2. A dossier of request for investigation for application of anti-circumvention measures must comprise the following information, documents and evidence:

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

b/ Descriptions of the imported goods requested for investigation for application of anti-circumvention measures, including scientific name, trade name and common name; composition; basic physical and chemical properties; main use purposes; manufacturing process; applicable international and Vietnamese standards and technical regulations (if any); HS codes according to the Vietnam’s Nomenclature of Exports and Imports; and manufacturing/exporting country, origin of the goods;

c/ Descriptions of the volume/quantity of the imported goods as specified in Article 81 of this Decree;

d/ The volume/quantity of the like domestic goods;

dd/ Information on the export price of the goods specified at Point b of this Clause at the time of importation into Vietnam in a period of at least 12 months prior to the submission of the dossier;

e/ Information, data and evidence on the act of circumvention of trade remedies as alleged by the requesting party;

g/ Names, addresses and other necessary information of the manufacturers/exporters, and importers involved in the acts of circumvention of trade remedies;

h/ Information on the injury or deminished effectiveness of the currently valid trade remedies to the domestic industry;

i/ Specific requirements on the application of the anti-circumvention measures, application duration, and level of application.

3. The Minister of Industry and Trade shall decide on the investigation for application of anti-circumvention measures in case the investigating authority formulates dossiers providing evidence proving the necessity of the investigation.

Article 88. Appraisal of dossiers of request for investigation for application of anti-circumvention measures

1. The consideration of the completeness and validity of a dossier of request for investigation for the application of anti-circumvention measures must comply 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 whether or not to initiate an investigation for application of the anti-circumvention measure.

3. The dossier appraisal contents include:

a/ Identifying signs of circumvention of trade remedies as specified in this Decree;

b/ Identifying signs of changes in the volume/quantity and value of the imported goods from the countries of origin or exporting countries after the Minister of Industry and Trade decides to initiate an investigation or to apply initial trade remedies;

c/ Identifying evidence proving that circumvention of trade remedies is the cause of the injury or deminished effectiveness of the currently valid trade remedy to the domestic industry.

Subsection 2

PROCESS AND PROCEDURES FOR ANTI-CIRCUMVENTION INVESTIGATION

Article 89. Decisions on anti-circumvention investigation

The Minister of Industry and Trade’s decision on anti-circumvention investigation must have the following contents:

1. Basic information about the currently applied trade remedies.

2. Name of the organization or individual requesting the investigation for application of anti-circumvention measures.

3. Specific contents to be investigated.

4. The order and procedures for conducting the anti-circumvention investigation.

Article 90. Contents of anti-circumvention investigation

The anti-circumvention investigation must include one or more than one of the following contents:

1. Identifying signs of circumvention of trade remedies as specified in Article 81 of this Decree.

2. Identifying the absolute increase in the volume/quantity of the goods involved in circumvention of trade remedies imported into Vietnam after the Minister of Industry and Trade decides to initiate an investigation or to apply initial trade remedies.

3. Assessing the injury or deminished effectiveness of the currently valid trade remedies to the domestic industry.

4. Assessment of the change in the volume/quantity and value of the goods imported from countries of origin or exporting countries after the Minister of Industry and Trade decides to initiate an investigation or after the decision on application of the initial trade remedies takes effect, and whether or not such change results from the circumvention of the currently valid trade remedies.

Article 91. Assessment of the deminished effectiveness of trade remedies

1. The assessment of the deminished effectiveness of currently valid trade remedies shall be based on the consideration of one or more than one of the following contents:

a/ The difference between the price of the goods under investigation and that of the corresponding imported goods in the cases subject to application of initial trade remedies;

b/ The difference between the price of the goods under investigation and the uninjured selling price of the like domestic goods;

c/ The impact of the goods under investigation on the domestic industry, including market share, revenues, sale volume, profit, manufacturing output, and inventory;

d/ Other impacting factors.

2. The assessment of the deminished effectiveness of trade remedies must be supported by specific evidence.

Article 92. Time limits for anti-circumvention investigation

1. The time limit for an anti-circumvention investigation is 9 months after the Minister of Industry and Trade issues the investigation decision.

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

Article 93. Questionnaires for anti-circumvention investigation

1. Within 20 days after the Minister of Industry and Trade issues a decision to initiate an investigation, the investigating authority shall send the investigation questionnaire to related parties, including:

a/ Domestic manufacturers;

b/ Foreign manufacturers/exporters;

c/ Importers of goods subject to anti-circumvention investigation;

d/ Other related parties.

2. Within 30 days after receiving the investigation questionnaire, the questionnaire recipients shall submit the filled-in questionnaires to the investigating authority. When necessary, or when the related parties submit a written request for extension of the time limit with appropriate reasons, the investigating authority may grant an extension of at most 30 days.

3. An investigation questionnaire is considered received after 7 days after it is sent by the investigating authority. The sending date shall be determined based on the postmark or the date the investigating authority publicly posts the questionnaire on its portal.

Subsection 3

APPLICATION OF ANTI-CIRCUMVENTION MEASURES

Article 94. Application of provisional anti-circumvention measures

1. Within 20 days after the investigating authority submits the preliminary investigation conclusion, the Minister of Industry and Trade shall issue a decision on application or non-application of provisional anti-circumvention measures.

2. A decision on application of provisional anti-circumvention measures must include the following contents:

a/ Descriptions of the imported goods subject to the provisional anti-circumvention measures, including scientific names, trade names and common names; composition; basic physical and chemical properties; manufacturing process; international and Vietnamese standards and technical regulations; and HS codes according to the Vietnam’s Nomenclature of Exports and Imports;

b/ Names and other necessary information of the manufacturers/exporters of the goods subject to provisional anti-circumvention measures;

c/ Name of the manufacturing/exporting countries of the goods subject to provisional anti-circumvention measures;

d/ Preliminary conclusion indicating the necessity to apply provisional anti-circumvention measures;

dd/ The provisional anti-circumvention measures;

e/ The effect and duration of application of the provisional anti-circumvention measures;

g/ The procedures and dossier for inspection and application of the provisional anti-circumvention measures.

3. In case the Minister of Industry and Trade decides to apply provisional anti-circumvention measures, the currently valid trade remedies shall be expanded to goods of the manufacturers/exporters specified in Article 81 of this Decree when it is determined that circumvention of trade remedies does exist.

4. The duration of application of provisional anti-circumvention measures ends when the official measures takes effect or when the initial trade remedies expire.

5. Provisional anti-circumvention measures are application of anti-dumping duty, countervailing duty or safeguard duty at the rate applicable to all other manufacturers/exporters of each country/territory in the case of investigation for application of initial trade remedies.

Article 95. Application or non-application of official anti-circumvention measures

1. Within 20 days after the investigating authority sends the final investigation conclusion, the Minister of Industry and Trade shall issue a decision on application or non-application of official anti-circumvention measures.

2. In case the Minister of Industry and Trade issues a decision on application of official anti-circumvention measures, such a decision must comprise:

a/ Descriptions of the imported goods subject to the official anti-circumvention measures, including scientific names, trade names and common names; composition; basic physical and chemical properties; manufacturing process; international and Vietnamese standards and technical regulations (if any); and HS codes as specified in the Vietnam’s Nomenclature of Exports and Imports;

b/ Names and other necessary information of the manufacturers/exporters of the goods subject to the official anti-circumvention measures;

c/ Names of the countries manufacturing or exporting the goods subject to official anti-circumvention measures;

d/ The final conclusion indicating the necessity to apply the official anti-circumvention measures;

dd/ The official anti-circumvention measures;

e/ The effect and duration of application of the official anti-circumvention measures;

g/ The difference in the duty rate between the official and provisional anti-circumvention measures and settlement of the overpaid amount (if any);

h/ The procedures and dossier for inspection and application of the official anti-circumvention measures.

3. In case the Minister of Industry and Trade issues a decision on non-application of official anti-circumvention measures and terminates the investigation against the anti-circumvention case, such a decision must comprise:

a/ Descriptions of the imported goods not subject to official anti-circumvention measures and eligible for termination of the investigation, including scientific names, trade names and common names; composition; basic physical and chemical properties; manufacturing process; international and Vietnamese standards and technical regulations (if any); and HS codes as specified in the Vietnam’s Nomenclature of Exports and Imports;

b/ Names and other necessary information of the manufactures/exporters of the goods not subject to official anti-circumvention measures and eligible for termination of the investigation;

c/ Names of the countries manufacturing/exporting the goods not subject to official anti-circumvention measures and the countries manufacturing/exporting the goods eligible for termination of the investigation;

d/ The final conclusion indicating the unnecessity to apply the official anti-circumvention measure;

dd/ Guidance for settling the overpaid duty amount due to the application of the provisional anti-circumvention measures (if any).

4. In case of deciding to apply official anti-circumvention measures, the currently valid trade remedies shall be expanded to goods of the manufacturers/exporters specified in Article 81 of this Decree when it is determined that the circumvention of trade remedies does exist.

5. The application of official anti-circumvention measures shall be terminated when the initial trade remedies expire.

6. The duration for application of official anti-circumvention measures shall be extended according to the extended duration of application of initial trade remedies.

7. Official anti-circumvention measures include application of anti-dumping duty, countervailing duty or safeguard duty at the rate applicable to all manufacturers/exporters of each country/territory in the case of investigation for application of initial trade remedies.

8. The settlement of overpaid duty amounts due to the application of anti-circumvention measures must comply with Clauses 5 and 6, Article 68 of the Law on Foreign Trade Management.

Article 96. Procedures for supervision of the application of anti-circumvention measures

1. After the issuance of a decision on application of anti-circumvention measures, every 6 months during the period of the application of such measures, manufacturers/exporters not subject to the anti-circumvention measures under the Minister of Industry and Trade’s decision shall notify the investigating authority of their manufacturing output, value, volume/quantity of domestic sales, and value and volume/quantity of goods exported to Vietnam.

2. An announcement on goods of a manufacturer/exporter not subject to anti-circumvention measures under the Minister of Industry and Trade’s decision must comprise:

a/ A certificate of origin indicating clear origin criteria as required by the Ministry of Industry and Trade;

b/ A certificate issued by the manufacturer/exporter for each shipment imported into Vietnam, made according to the form notified to the investigating authority before the anti-circumvention measures take effect. In case there is any change in the certificate form, the manufacturer/exporter shall notify the investigating authority and customs office at least 15 days before carrying out customs clearance procedures.

3. When it is necessary to collate and verify documents in the dossier of importation, the investigating authority and customs office may request the manufacturer/exporter to submit an electronic version of the certificate for each shipment at least 15 days before the customs clearance procedures are carried out via electronic means.

4. Verification of authenticity and validity of the certificate specified at Point b, Clause 2 of this Article shall be conducted as follows:

a/ The investigating authority shall assume the prime responsibility for, and coordinate with the customs office in, verifying the authenticity and validity of the certificate during the application of trade remedies according to its competence and in accordance with the law on foreign trade management;

b/ The customs office shall assume the prime responsibility for, and coordinate with the investigating authority in, verifying the authenticity and validity of the certificate according to its competence and in accordance with 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 within 90 days after the time of  commencement of verification.

6. During the process of verification, if the importer requests customs clearance or release of the goods, the provisional duty rates applicable to all other manufacturers/exporters in the initial trade remedy case shall be applied. After the verification result is available, the customs office shall perform tax procedures in accordance with the current tax laws.

Section 3

REVIEW OF THE APPLICATION OF ANTI-CIRCUMVENTION MEASURES

Article 97. Review of the application of anti-circumvention measures

1. Parties requesting the review may submit a dossier of request for review of the application of currently valid anti-circumvention measures during the period the investigating authority receives dossiers of request for review of the application of initial trade remedies as specified in 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 anti-circumvention measures must include the following contents:

a/ Identifying information and data on the quantity or volume of goods subject to anti-circumvention measures that are imported into Vietnam since the application of anti-circumvention measures;

b/ Determining the existence of the act of circumvention of trade remedies;

c/ Assessing whether the continued application of anti-circumvention measures is necessary or unnecessary to remedy or prevent injury, or to avoid the diminished effectiveness of currently valid trade remedies.

3. In case a manufacturer/exporter fails to make notification as specified in Clause 1, Article 96 of this Decree or fails to cooperate, fails to provide information, or provides inaccurate information during the process of verification of the authenticity and validity of the documents specified in Clause 2, Article 96 of this Decree by a competent agency, the investigating authority has the right to immediately propose that the Minister of Industry and Trade initiate a review of the application of anti-circumvention measures against such manufacturer/exporter.

4. During the review process, imported goods of the manufacturer/exporter specified in Clause 3 of this Article shall be temporarily subject to the duty rate applicable to all other manufacturers and exporters in the initial trade remedy case. After the review results are available, the customs office shall carry out tax procedures in accordance with current tax laws.

Article 98. Parties requesting review of the application of anti-circumvention measures

Individuals and organizations that have the right to submit dossiers of request for review of the application of anti-circumvention measures include:

1. Domestic producers.

2. Foreign producers and exporters.

3. New exporters.

4. Importers.

5. Organizations and individuals using imported goods.

Article 99. Dossiers of request for review of the application of anti-circumvention measures

A dossier of request for review of the application of anti-circumvention measures must comprise the following relevant information, documents and evidence:

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

2. Name, address and other necessary information of the respondent (if any).

3. Information on the anti-circumvention measures requested for review.

4. Specific contents requested to be reviewed.

5. Other information and documents.

Article 100. Appraisal of dossiers of request for review of the application of anti-circumvention measures

1. The examination of the completeness and validity of dossiers of request for review of the application of anti-circumvention measures shall be carried out in accordance with Article 21 of this Decree.

2. Within 30 days after notifying the receipt of a complete and valid dossier of request for review, the investigating authority shall appraise the dossier, and send it to the Minister of Industry and Trade for the latter to consider and decide to conduct a review of the application of anti-circumvention measures.

3. The appraisal of the contents of the dossier of request for review must cover:

a/ Determining the eligibility of the party requesting the review;

b/ Determining whether the information, documents and evidence in the dossier are consistent with the content of the request for review.

Article 101. Decision on review of the application of anti-circumvention measures

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

1. Basic information on the application of anti-circumvention measures.

2. Grounds for conducting the review.

3. Information on the organizations and individuals requesting the review.

4. Specific contents to be reviewed.

5. Order and procedures for conducting the review.

Article 102. Questionnaire for review of the application of anti-circumvention measures

1. Within 20 days after the Minister of Industry and Trade decides to conduct the review, the investigating authority shall send the review questionnaire to related parties.

2. Within 30 days after receiving the review questionnaire, questionnaire recipients shall send a filled-in questionnaire to the investigating authority. If necessary or if the related parties have a written request for an extension with reasonable reasons, the investigating authority may extend the time limit for at most 30 days.

3. The review questionnaire shall be regarded as received after 7 days from the date it is sent by the investigating authority. The sending date shall be determined based on the postmark or the date the investigating authority publicly posts the questionnaire on its portal.

Article 103. Decision on the result of review of the application of anti-circumvention measures

Based on the investigating authority’s conclusion on the review of the application of anti-circumvention measures, the Minister of Industry and Trade shall issue one of the following decisions on:

1. Continued application of anti-circumvention measures.

2. Adjustment of the subjects, scope, and goods subject to anti-circumvention measures.

3. Termination of the application of anti-circumvention measures.

Chapter V

HANDLING OF TRADE REMEDIES APPLIED TO VIETNAM’S EXPORTED GOODS

Article 104. Principles of handling

1. Activities to support Vietnamese traders that are investigated for application or applied with trade remedies by the importing countries/territories as specified in Article 76 of the Law on Foreign Trade Management shall be carried out based on written requests from Vietnamese traders and related trade associations.

2. The initiation of lawsuits against the importing countries/territories as specified in Article 108 of this Decree shall be carried out by the Ministry of Industry and Trade based on collected information, following coordination and consultation with related ministries, ministerial-level agencies, and other competent state management agencies, and after the lawsuit plans are reported to, and approved by, the Prime Minister.

3. The Ministry of Finance shall ensure budget funds for activities to support traders as specified in Article 76 of the Law on Foreign Trade Management.

4. Activities to support Vietnamese traders as specified in this Article must comply with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 105. Provision of information relating to cases

Information provided to traders as specified at Point a, Clause 1, Article 76 of the Law on Foreign Trade Management is information announced by related agencies of the importing countries or permitted to be announced under treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 106. Early warning system for foreign countries’ trade remedy cases against Vietnam’s exported goods

1. The Ministry of Industry and Trade shall establish and operate an early warning system for the possibility of foreign countries’ trade remedy lawsuits against Vietnam’s exported goods so as to inform businesses and trade associations for prevention, avoidance and preparation in response to such lawsuits.

2. The Ministry of Industry and Trade shall prescribe the organization and operation of the early warning system for foreign countries’ trade remedy cases against Vietnam’s exported goods.

Article 107. Exchange of information with the importing countries/territories that are conducting investigation or applying trade remedies against Vietnam’s exported goods

The exchange of information with the importing countries/territories that are conducting investigation or applying trade remedies as specified at Point b, Clause 1, Article 76 of the Law on Foreign Trade Management shall be carried out by the Ministry of Industry and Trade in appropriate forms, in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 108. Initiation of lawsuits against the importing countries/territories upon detection of violations of treaties to which the Socialist Republic of Vietnam is a contracting party

1. Based on collected information or written requests from related traders, associations, or business representative organizations of Vietnam, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, and other competent state management agencies in, considering and making a lawsuit plan in accordance with Clause 1, Article 76 of the Law on Foreign Trade Management, and preparing and submitting a dossier to the Prime Minister.

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

a/ A report on the necessity, objectives, and legal grounds for lawsuit initiation; a detailed plan and an impact assessment of lawsuit initiation;

b/ A report summing up and responding to opinions from the consulted ministries, ministerial-level agencies, organizations and individuals as specified in Clause 3 of this Article;

c/ Other related documents and materials.

3. Within 10 days after receiving the Ministry of Industry and Trade’s request, the consulted ministries, ministerial-level agencies, organizations and individuals shall provide written opinions on the dossier to be submitted to the Prime Minister. In case no response is received within the required time limit, the Ministry of Industry and Trade shall, based on available information, complete the dossier to submit it to the Prime Minister.

4. The Prime Minister shall review and decide to approve the lawsuit plan 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 lawsuits against the importing countries/territories conducting investigation or applying trade remedies according to the procedures and order specified in treaties to which the Socialist Republic of Vietnam is a contracting party.

6. Related traders, associations and business representative organizations of Vietnam shall coordinate with the Ministry of Industry and Trade in the course of initiating lawsuits against the importing countries/territories conducting investigation or applying trade remedies.

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

In case Vietnamese traders are investigated for application of countervailing measures by an importing country as specified in Clause 2, Article 76 of the Law on Foreign Trade Management, the Ministry of Industry and Trade shall assume the prime responsibility for working out a plan for coordination with the foreign investigating authority, which must include the following contents:

1. Consultation with the foreign investigating authority regarding Vietnam’s alleged subsidy programs.

2. Provision of information and documents as requested by the foreign investigating authority to the Government regarding Vietnam’s alleged subsidy programs, based on written requests from related traders, associations and business representative organizations of Vietnam, and in accordance with current laws.

3. Arrangement of meetings as requested by the foreign investigating authority during on-site investigation into alleged subsidy programs in Vietnam.

4. Other appropriate activities.

Article 110. Formulation of plans on claim for compensation in case Vietnamese traders are investigated for application of safeguard measures by importing countries/territories

1. In case Vietnamese traders are investigated for application of safeguard measures by an importing country, the Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries, ministerial-level agencies, organizations and individuals in, formulating a plan on claim for compensation, and in case of necessity, prepare a dossier and submit it to the Prime Minister for approval.

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

a/ A report on the necessity for, and objectives and legal grounds of, claim for compensation; contents of the plan and an impact assessment of the claim for compensation;

b/ A report summing up and responding to opinions from the consulted ministries, ministerial-level agencies, organizations and individuals as specified in Clause 3 of this Article;

c/ Other related documents and materials.

3. Within 10 days after receiving the Ministry of Industry and Trade’s request, the consulted ministries, ministerial-level agencies, organizations and individuals shall provide written opinions on the dossier to be submitted to the Prime Minister. In case no response is received within the required time limit, the Ministry of Industry and Trade shall complete the dossier based on available information, and submit it to the Prime Minister.

4. The Prime Minister shall review and decide to approve the plan on claim for compensation 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, and organize consultation with the competent authority of the importing country regarding the plan on claim for compensation approved by the Prime Minister.

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

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

Article 111. Formulation of retaliation plans in case Vietnamese traders are investigated for application of safeguard measures by importing countries

1. In case of failure to reach an agreement on the claim for compensation as 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 related organizations and individuals, in working out a retaliation plan; and, in case of necessity, make a dossier and submit it to the Prime Minister for approval.

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

a/ An report on consultation results as specified in Clause 5, Article 110 of this Decree; the necessity for, and objectives and legal grounds of the retaliation plan; contents and impact assessment of the retaliation plan;

b/ A report summing up and responding to opinions from the consulted ministries, ministerial-level agencies, organizations and individuals as specified in Clause 3 of this Article;

c/ A draft decision on the implementation of the retaliation plan;

d/ Relevant documents and materials.

3. Within 10 days after receiving the Ministry of Industry and Trade’s request, the consulted ministries, ministerial-level agencies, organizations and individuals shall provide written opinions on the dossier to be submitted to the Prime Minister. In case no response is received within the required time limit, the Ministry of Industry and Trade shall complete the dossier for submission to the Prime Minister based on available information.

4. The Prime Minister shall review and decide to approve the retaliation plan based on the dossier submitted by the Ministry of Industry and Trade.

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

Article 112. Participation as a related party in trade remedy cases or as a third party in dispute settlement cases regarding trade remedies at the World Trade Organization

1. The Ministry of Industry and Trade shall consider registering for participation as a related party when a foreign country investigates or applies trade remedies against Vietnam’s exported goods.

2. The Ministry of Industry and Trade shall consider registering for participation as a third party in dispute settlement cases at the World Trade Organization, for cases related to the rights and interests of Vietnam in the field of trade remedies. In case of necessity, the Ministry of Industry and Trade shall consult with related ministries and agencies for consideration and registration for participation.

3. The Ministry of Industry and Trade may consider providing information and documents during its participation as a third party under Clause 2 of this Article, upon written request from organizations or individuals, provided that such information and documents are permitted to be announced under 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 work with lawyers and law practice organizations providing legal services during the implementation of Article 76 of the Law on Foreign Trade Management. Ministries and ministerial-level agencies shall coordinate with the Ministry of Industry and Trade in selecting lawyers and law practice organizations providing legal services upon the Ministry of Industry and Trade’s written request.

2. The Ministry of Industry and Trade shall specify the criteria for selection of legal services.

3. The Ministry of Finance shall ensure budget funds for the use of legal services in activities to support Vietnamese traders specified in Article 76 of the Law on Foreign Trade Management.

Article 114. Mechanism on coordination among management agencies, trade associations, and traders

1. The coordination mechanism among management agencies, trade associations, and traders must adhere to the following principles:

a/ The Ministry of Industry and Trade shall assume the prime responsibility, and ministries, ministerial-level agencies, provincial-level People’s Committees, other competent state management agencies, and related organizations and individuals shall timely coordinate with the Ministry of Industry and Trade in the activities specified in Article 76 of the Law on Foreign Trade Management;

b/ Ministries, ministerial-level agencies, provincial-level People’s Committees, other competent state management agencies, and related organizations and individuals shall provide information, documents, and assessment opinions upon the Ministry of Industry and Trade’s request in handling trade remedies against Vietnam’s exported goods.

2. The coordination is 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 assessment opinions at the Ministry of Industry and Trade’s request, and give explanations during on-site investigations conducted by foreign investigating authorities, under the coordination of the Ministry of Industry and Trade;

b/ Trade associations shall coordinate with the Ministry of Industry and Trade in monitoring export market information to assess the risk that foreign countries may initiate trade remedy investigations and apply trade remedies against Vietnam’s exported goods, notify relevant information to their members, consider for participation as a related party in such 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 supporting Vietnamese traders that are investigated for application or applied with trade remedies by foreign countries, and carry out other support activities at the request of the Ministry of Industry and Trade;

d/ Overseas Vietnamese diplomatic missions shall collect and monitor information and notifications from related authorities in the importing countries concerning trade remedies, and promptly report them to the Ministry of Industry and Trade, and support to explore legal services at the Ministry of Industry and Trade’s request;

dd/ The Ministry of Finance shall coordinate with the Ministry of Industry and Trade in the activities specified in this Chapter, and promptly provide export and import data at the request of related units under the Ministry of Industry and Trade;

e/ The Ministry of Foreign Affairs shall coordinate with the Ministry of Industry and Trade in the activities specified in this Chapter, and direct overseas Vietnamese diplomatic missions to proactively work with related authorities of importing countries to gather, monitor, and summarize case-related information, timely report them to the Ministry of Industry and Trade, and coordinate with the Ministry of Industry and Trade in making response plans;

g/ The Ministry of Justice shall coordinate with the Ministry of Industry and Trade in the activities specified in this Chapter, studying and assessing legal provisions concerning trade remedies of the World Trade Organization and other countries;

h/ Vietnamese traders that submit written requests for support shall coordinate with the Ministry of Industry and Trade during the process of handing their cases, and take responsibility for the information and documents they provide to the Ministry of Industry and Trade.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 115. Effect

1. This Decree takes effect on July 1, 2025.

2. The Government’s Decree No. 10/2018/ND-CP of January 15, 2018, detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies, ceases to be effective on 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 provincial-level People’s Committees shall implement this Decree.

Article 117. Transitional provisions

Cases of investigation for application of trade remedies, review of the application of trade remedies, cases of investigation for application of anti-circumvention measures, and review of the application of anti-circumvention measures, in which the investigating authority receives a complete and valid dossier of request for investigation or review before the effective date of this Decree, shall be settled under the Government’s Decree No. 10/2018/ND-CP of January 15, 2018, detailing a number of articles of the Law on Foreign Trade Management regarding trade remedies.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
BUI THANH SON