1 MINISTRY OF INDUSTRY AND TRADE TRADE REMEDIES COMPLIANCE - - PDF document

1

Ms Pham Thi Quynh Chi Trade Remedies Authority of Viet Nam Ministry of Industry and Trade

TRADE REMEDIES AUTHORITY AND LEGAL FRAMEWORK BEFORE AND AFTER 1 JANUARY 2018 SOME MAIN FEATURES OF THE NEW LEGISLATION

• AMENDED, SUPPLEMENTED AND DETAILED CONTENTS

COMPARED TO PREVIOUS LEGISLATION

• NEW REGULATIONS

ASSESSMENT OF IMPACT ON TRADE REMEDIES PROCEEDINGS IN VIET NAM

2

MINISTRY OF INDUSTRY AND TRADE

VIET NAM COMPETITION AUTHORITY

Trade Remedies Investigation Division Trade Remedies Compliance Division TRADE REMEDIES COMPLIANCE COMMITTEE

Committee’s Secretariat MINISTRY OF INDUSTRY AND TRADE Dumping and Subsidy Investigation Division Injury and Safeguard Investigation Division Trade Remedies Compliance Division Legal Affairs Division Office Centre for Information and Early Warning TRADE REMEDIES AUTHORITY OF VIET NAM

3

Ordinance No. 42/2002/PL- UBTVQH10 on safeguards

2002

2004 2004

Before 2007

04 guiding Decrees +

• ther related legal

documents Ordinance No. 20/2004/PL-UBTVQH11

• n anti-dumping

Ordinance No. 22/2004/PL-UBTVQH11

• n subsidies and

countervailing measures

1995

Establishment of the WTO

Viet Nam’s ascension to the WTO

Ordinance on Safeguards Ordinance on Anti-dumping Ordinance on Subsidies 04 guiding Decrees

Chapter 4 – Law

• n Foreign Trade

Management 2017

Decree No. 10/2018/ND-CP detailing some articles

• f the Law on Foreign

Trade on trade remedies Circular No. 06/2018/TT-BCT detailing some contents on trade remedies

4

 Supplement provisions on determining domestic industry  Detail provisions on injury: injury/threat of injury/retardation of establishing new industry  Detail calculation methodology for margins of dumping and subsidy  Supplement processes, procedures and deadlines for investigation periods to review trade remedies and products  Amend the preliminary investigation time  Address the gap between application of provisional vs. final measures  Monitor imports of products under investigation  Amend, abolish some provisions not compatible with investigation practices



Exclusion from application of trade remedies



Anti-circumvention of trade remedies



Handling cases where Vietnamese exports are subject to trade remedy investigation and application



Special safeguard measures

5

 (1) Exclusion from the application of trade

remedies (Article 7 Decree No. 10/ND-CP and Circular No. 06/2018/TT-BCT)

• The Ministry of Industry and Trade stipulates the

subjects and scope of exclusion from the application of trade remedies.

• The Ministry of Industry and Trade provides

detailed guidance on the process of exclusion from the application of trade remedies.

(2) Anti-circumvention of trade remedies (Article 72 Law on FTM and Chapter 5 Decree No. 10):

 Stipulate the acts, thresholds,

scope and procedures of anti- circumvention investigations

6 (3) Handling cases where Vietnamese exports are subject to trade remedy investigation and application (Article 76 Law on FTM and Chapter 6 Decree No. 10)

 Stipulate activities to assist enterprises when

exported goods are investigated or subject to trade remedies

 Early warning system  Coordinate with related ministries  (4) Special safeguard measures

7

AFFECTED SUBJECTS

DOMESTIC PRODUCERS IMPORTERS EXPORTERS MANAGEMENT AUTHORITIES Other RELATED PARTIES

13

 COMPLY WITH WTO COMMITMENTS AND

TRADE AGREEMENTS OF WHICH VIET NAM IS A SIGNATORY

 ENHANCE TRANSPARENCY AND CLARITY IN

THE INVESTIGATION AND HANDLING PROCESS

• RIGHT TO ACCESS INFORMATION,

CONFIDENTIALITY,

• COMMENTS ON INVESTIGATION AND DUTY

DECISIONS TO PROTECT BENEFITS,

• AND PUBLIC CONSULTATIONS,
• CLEAR AND ACCESSIBLE REQUEST DOSSIERS AND

FORMS

14

8

 ENHANCE EFFICIENCY OF TRADE REMEDIES

• ANTI-CIRCUMVENTION OF TRADE REMEDIES
• EXCLUSION FROM APPLICATION OF TRADE

REMEDIES

• REVIEW INVESGITATIONS
• MONITOR THE IMPORTED PRODUCTS UNDER

INVESTIGATION

15

Trade Remedies Authority of Viet Nam Ministry of Industry and Trade 25 Ngo Quyen, Hoan Kiem, Hanoi