Exclusion from trade remedies in Vietnam

Exclusion from trade remedies in Vietnam

The WTO permits members to impose trade remedies or trade defence measures against imports to protect their domestic industries from unfair practices such as dumping and subsidies, or to cope with a sudden surge of foreign goods

Before issuing the decision to apply an official anti-dumping or anti- subsidy measures, the investigating authority of Vietnam must provide publish exclusion decisions from trade remedies in Vietnam  on its website and the website of the Ministry of Industry and Trade of Vietnam.

1. Scope of exclusion from trade remedies in Vietnam.

The Minister of Industry and Trade of Vietnam shall consider granting exclusions from provisional and/or official trade remedies on certain imports subject to trade remedies in the following circumstances:

a. Goods cannot be domestically produced;

b. The good has characteristics which are different from and cannot be substituted by the domestically produced products;

c. The goods are special products of the like or directly competitive products produced by domestic industry;

d. There are no sale of the like or directly competitive products produced by the domestic industry in the ordinary course of trade in the domestic market;

e. The like or directly competitive products produced by the domestic industry are not enough to satisfy the needs of the domestic market;

f. The imports within the total quantities of imports requesting for exclusion prescribed in Clause a through e of this Article are intended for serving research and development purposes as well as other non-commercial purposes.

2. Period of exclusion from trade remedies in Vietnam.

a. With regard to the exclusion from provisional trade remedies, the exclusion period shall not exceed the period of application of such provisional trade remedies.

b. With regard to the exclusion from official trade remedies, the investigating authority of Vietnam shall consider deciding the exclusion period which shall not exceed 18 months from the effective date of the decision on imposition of trade remedies to the end of December 31 of the same year December 31 or of the following year.

c  With regard to the exclusion from trade remedies on March and September yearly, the investigating authority of Vietnam shall consider deciding the exclusion period which shall not exceed 18 month commencing from the January 01 of the year in which the request for exclusion is received or from the date of promulgation of the exclusion decision.

d.  With regard to the requests for additional exclusion received by the investigating authority of Vietnam, the exclusion period shall be conformable with the effect of the initially issued exclusion decision.

3. Entities requesting exclusion from trade remedies in Vietnam

The following entities may submit requests for exclusion from trade remedies in Vietnam:

a. Importers of the good which is subject to the trade remedy investigation;

b. Users of the good which is subject to the trade remedy investigation for their production;

c. Other organizations and individuals as decided by the Minister of Industry and Trade of Vietnam.

Note: Entities eligible for trade remedies are not eligible for exclusion from trade remedies in Vietnam.

Source: Circular No. 37/2019/TT-BTC dated November 29, 2019 of Ministry Of Industry And Trade of Vietnam providing detailed regulations on trade remedies in Vietnam.

LAWYER VN LAW FIRM