ORDINANCE On anti-subsidy import goods into Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
Based on export taxes, import duty on December 26, 1991 was amended and supplemented by the law on amendments and supplements to some articles of the law on export taxes, import duty on July 5, 1993 and the law amending and supplementing some articles of the law on the export tax, import tax, on 20 May 1998;
Pursuant to resolution No. 21/2003/QH11 on November 26, 2003 of the Congress of the lock CYLINDER, the fourth session of the program building laws and ordinances in 2004;
This Ordinance regulates against subsidies for goods imported into Vietnam.
Chapter I GENERAL PROVISIONS article 1. Scope this Regulation Ordinance on anti-subsidy measures; procedure, to apply census content and the application of these measures for goods subsidized imports into Vietnam.
Article 2. Explanation of terms In this Ordinance, the terms below are interpreted as follows: 1. The subsidy is the financial support of the Government or a government agency devoted to the Organization, the individual production, export of goods to Vietnam and benefit for the Organization, that individual.
2. The manufacturing sector in the country is the set of domestic manufacturers or their representatives have a mass, volume or value of goods produced primarily in the proportion of volume, the quantity or value of goods produced in the country on condition that the manufacturer was not imported and not have relationships directly associated with the Organization , personal production, exports, imports of goods were required to apply measures against subsidies.
3. Tax subsidies is additional import duties are applied in the case of subsidized goods imported into Vietnam to cause or threaten to cause substantial damage to the domestic industry.
4. substantial damage to the domestic industry is in significant decline in status or suppress growth of output, price, commodity consumption, profits, production growth, employment of workers, investment and other indicators of the domestic industry, or is the situation leads to difficulties for the establishment of a domestic industry.
5. Threaten to cause substantial damage to the domestic industry is likely ahead, and proved to be clearly would cause substantial damage to the domestic industry.
6. similar goods are goods that have all the same characteristics of the goods being asked to apply anti-subsidy measures or in the absence of such goods as goods have many basic characteristics with the commodity being asked to apply anti-subsidy measures.
7. no significant support Level is the level of subsidy is lower than 1% of the value of the product.
8. The subsidy have separate properties is the subsidy only applies to private individuals, organizations or certain production or grants only apply to organizations, individuals or the production of certain geographic areas of the country or territory be investigated measures against subsidies.
Article 3. The form of subsidy 1. Government or agency of the Government moved the capital to organizations and individuals in the form of capital, the transfer of shares, preferential interest loans or guarantees for loans with lower interest rates when there is no guarantee this.
2. Government or agency of the Government of ignoring or not collecting the revenues that the Organization, individuals are supposed to submit.
3. Government or Government agency providing goods or services is not the common infrastructure or purchase goods or services on a high price and sold out for the Organization, individuals with low price than the market price.
4. The Government or Government agencies contribute money on a funding mechanism, or order a private organization to execute one or more of the forms prescribed in paragraphs 1, 2 and 3 of this article.
5. other subsidies in the form of the subsidy provided for in the paragraph 1, 2, 3 and 4 of this Article is determined fairly, reasonably and not contrary to the international practices.
Article 4. Anti-subsidy measures 1. Application of tax allowances.
2. Accept the commitment of the Organization, Government or individual countries or territories the manufacture, export with the competent State agencies of Vietnam on the voluntary termination of subsidies, reduce the level of subsidies, export price adjustment commitments or apply other appropriate measures.
Article 5. The principle of applying anti-subsidy measures 1. Anti-subsidy measures is applied only to the extent reasonably necessary to prevent or limit damage to the domestic industry.
2. The application of preventive measures against the subsidy is only done when the investigation and must be based on the conclusions of the investigation provided for in article 19 and article 20 of this Ordinance.
3. Remedies against subsidies are only applied directly to subsidized goods imported to Vietnam under the provisions of this Ordinance.
4. The application of the anti-subsidy measures not to cause damage to the socio-economic benefits in the country.
Article 6. Conditions apply anti-subsidy measures against subsidies measures only apply to goods that are imported into Vietnam support when the following conditions: 1. the goods are identified for support as defined in article 3 of this Ordinance;
2. Imported goods specified in paragraph 1 of this article is to cause or threaten to cause substantial damage to the domestic industry.
Article 7. Responsible for managing the State of anti-subsidy 1. The unified government administration on controversial subsidies for goods imported into Vietnam.
2. The Government established and regulated organization, functions, duties and powers of the Agency under the Ministry of trade support against include: a) the investigating authority anti-subsidy (hereinafter the Agency) to conduct the investigation, reviewing the subsidy and in case of necessary recommendations to the Minister of Commerce decision to apply against taxes temporary assistance;
b) Board handles the support level consists of a number of permanent members and some other members working in each incident to review the conclusions of the investigating authorities; discuss and decide by majority on not having or having subsidies of goods imported into Vietnam to cause or threaten to cause substantial damage to the domestic industry; recommendations to the Minister of Commerce decision to apply measures against subsidies.
3. Minister of trade responsible Government make governance about anti-subsidy decision applying anti-subsidy measures and responsible decision.
4. The ministries, ministerial-level agencies, provincial people's Committee, the central cities in the scope of its powers, the mission is responsible, in coordination with the Ministry of Commerce in implementing State management of anti-subsidy and anti-subsidy measures.
CHAPTER II INVESTIGATION to APPLY ANTI-SUBSIDY MEASURES article 8. To base the investigation 1. Inquiry to apply anti-subsidy measures are taken when the profile required measures against the Organization's subsidy, individuals represent the domestic industry.
The Organization, individuals filing requirements apply anti-subsidy measures be considered to represent the domestic industry when the following two conditions:

a) volume, the amount or value of the goods they manufacture or represent constitute at least 25% of the total volume, the amount or value of the same goods by the domestic industry;
b) volume, the amount or value of the goods defined in art. 1 of this article and of the domestic manufacturers support the filing requirements apply anti-subsidy measures must be greater than the volume, the amount or value of the goods of the domestic producers opposed the request to adopt measures against the subsidies.
2. The Minister of Commerce may decide to investigate when there is clear evidence of the subsidized goods imported into Vietnam to cause or threaten to cause substantial damage to the domestic industry.
Article 9. The profile requires applying anti-subsidy measures records request anti-subsidy measures sent to the investigating authorities, including: 1. The petition to adopt measures against the subsidy have the following content: a) the name, address and other pertinent information of the Organization individuals are required to apply anti-subsidy measures;
b) description of the imported goods is subject to required measures against the subsidies, including the name of the goods, the basic characteristics and main uses, according to the import tariff code current and applicable import tax rates, the origin of imported goods;
c) description volume, quantity, unit price and the value of the goods defined in point b of this clause within twelve months before the filing requirements apply anti-subsidy measures;
d) description volume, quantity, unit price and the value of the same goods produced in the country within a period of twelve months before the filing requirements apply anti-subsidy measures;
DD) information about the policies of foreign Governments, the situation and the form of assistance;
e) information, data, evidence of substantial damage to the domestic industry caused by subsidized goods imported to Vietnam caused or threatened to cause;
g) name, address and other pertinent information of the Organization, individual manufacturing, exporting goods into Vietnam were asked to apply anti-subsidy measures;
h) specific enquiries on the application of preventive measures against the subsidy, the duration of application and level of applied;
2. Documents and other relevant information that the Organization, the individual asked to apply countermeasures to support is needed.
Article 10. Investigative decisions to apply anti-subsidy measures 1. Within a period of fifteen days from the date of receiving the application, if it deems the record requires applying anti-subsidy measures incomplete content stipulated in article 9 of this Ordinance, the investigating authority must notify the Organization, individuals applying for additions.
2. The time limit for supplementary investigation agency profile specified but not be less than thirty days from the date the Organization, individuals are asked to supplement the record of the notice.
3. Trade Minister before the decision of the investigation, the investigating agency must inform the competent authority of the country or territory of export, goods production were asked to apply anti-subsidy measures on the rule against Vietnam's subsidies.
4. Within a period of sixty days from the date the records are full of content specified in article 9 of this Ordinance, the Secretary of Commerce to investigate the decision; special circumstances, the time limit for a decision to investigate could be extended but not exceeding thirty days.
5. within fifteen days from the date of the investigation decision to apply anti-subsidy measures, the Agency investigated the informed decisions for organizations, individuals are required to apply anti-subsidy measures and institutions, individuals, the competent authorities of the country or territory of production , export of goods required to apply measures against subsidized and announced to the parties concerned.
6. Minister of trade was not a decision to investigate if the Organization, individuals are required to apply anti-subsidy measures of withdrawal of records, except where the provisions of paragraph 2 of article 8 of this Ordinance.
Article 11. The parties involved in the process of investigating The parties involved in the investigation process includes: 1. organizations and individuals have asked to apply anti-subsidy measures;
2. organizations and individuals overseas production or export of the goods being asked to apply anti-subsidy measures;
3. organizations and individuals importing goods were asked to apply anti-subsidy measures;
4. organizations and individuals in the country producing similar goods;
5. local industry associations representing the majority of organizations, individual manufacturing, importing goods;
6. foreign industry associations representing the majority of organizations, individual manufacturing, exports of goods were required to apply anti-subsidy measures;
7. Trade unions or other organisations representing the interests of workers in the manufacturing sector in the country;
8. The organization protecting the rights of consumers;
9. the competent authorities of Vietnam;
10. the competent authorities of the country or territory of export, goods production were asked to apply anti-subsidy measures;
11. organizations and individuals that their rights and interests relevant to the investigation process.
Article 12. Providing information, documents in the investigation process 1. The parties involved in the process of the investigation provided for in article 11 of the Ordinance has the responsibility to provide truthful information and the necessary documents at the request of the investigating authorities.
2. for information, the necessary documentation was not provided in accordance with the request, the Agency decided to rely on the information and documents available.
Article 13. The content of the investigation to apply anti-subsidy measures investigative content to apply anti-subsidy measures include: 1. Determine the subsidy;
2. Determine the damage and threatening to cause damage to the domestic industry.
Article 14. Determine the subsidy the determination of subsidies to be made according to the following rules: 1. Determine the goods that are imported into Vietnam aid, subsidies are calculated separately and the level of subsidies that goods that are entitled to;
2. The total value of grants. How to calculate the total value of grants is specified as follows: a) the case for support is a non-refundable payment, the value of the subsidy is calculated on the basis of the actual subsidy level values for the Organization, that individual;
b) where subsidies are granted in the form of a loan, the value of the subsidy is calculated on the basis of the difference between the interest rate payable for that loan under normal commercial conditions and the interest that the Organization, individuals actually paying for that loan;
c) where assistance is granted in the form of loan guarantees, the pension value is determined on the basis of the difference between the interest rate component is charged in the case are not guaranteed and the real interest rate is charged when the guarantee;
d) where subsidies are granted in the form of the transfer of shares, the value of the subsidy is determined on the basis of the fact that business was recipients;
DD) where subsidies are granted in the form of Government or Government agencies buy goods and services on higher price market price and selling price is lower than or equal to the market price for individual organizations, the value of the subsidy is determined on the basis of the difference between the market price of parts with the actual price that the Government or Government agency must pay for goods, services or the difference between the purchase price to the price of selling out of Government or Government Agency for the organization or individual;

3. the value of the subsidy is granted in the form of another will be counted fairly, reasonably and not contrary to the international practices.
Article 15. Determine the damage and threatening to cause damage to the domestic industry the determination of damages and threats causing the damage was performed according to the following rules: 1. The determination of the physical damage and the risk of causing damage to domestic industry to insure based on the concrete evidence;
2. Determine the extent of damage or threaten to cause substantial damage to the domestic industry on the basis of consideration of the following: a) the quantity, volume or value of goods imported to support has been greatly enhanced by the low sale prices reduced the market share of domestic production , change the structure of consumption, reduced the productivity of the domestic industry;
b) the price of goods imported by the low support leads to price of goods by the domestic industry were reduced;
c) the impact of the subsidized imports goods for the elements of economic indicators, productivity, profitability of the domestic industry;
d) the impact of the subsidized imports goods in relation to the production of similar products produced in the country. The case determined that fail then this impact be evaluated through consideration of the output of a certain product or a product in a narrow range most of the similar products of domestic production;
3. When goods imported from two or more countries or territories is the subject of the investigation to apply anti-subsidy measures, the investigating authorities can evaluate the impact of the imports from the countries or territories that once were identified: a) the total value of the subsidy to be applied in relation to the goods from each country or territory is significant and the volume of goods imported from each country or territory is significant;
b) conditions of competition between goods with each other and the conditions of competition between the goods imported goods by the domestic industry to make a reasonable basis for the evaluation of impact.
Article 16. Consultations 1. Before and during the investigation, the investigating authority may hold consultations with the parties involved in the process of the investigation provided for in article 11 of this Ordinance to create conditions for the parties to present their comments and provide the necessary information.
2. The parties involved in the investigation process are not required to be present at the consultations; If the party would not be present at the consultations, the interests of the party that involves applying anti-subsidy measures still to be secured.
3. The conduct of consultations not to obstruct the process of investigation and anti-subsidy measures applicable under the provisions of this Ordinance.
Article 17. Information security 1. The investigating authority is responsible for maintaining the confidentiality of information provided when getting satisfactory requirements of the parties involved in the process of investigation and requested the parties to provide summary information should remain confidential.
2. The parties involved in the investigation process is allowed to access the information that was provided to the investigation agency, except the information should remain confidential.
Article 18. The duration of the investigation 1. The investigation period to apply anti-subsidy measures is not more than twelve months from the date of the investigation decision.
2. in special cases, the Minister of Commerce may decide to extend the time limit for the investigation but not more than six months.
Article 19. Preliminary conclusions 1. Within a period of ninety days from the date of the decision of the investigation, the investigating agency announced the preliminary conclusions about the content related to the investigation process provided for in articles 13, 14 and 15 of this Ordinance. Special circumstances, the time limit announced preliminary conclusions can be extended but not exceeding sixty days.
2. the preliminary conclusions and the main base for the preliminary conclusions must be reported using the appropriate method for the parties involved in the process of investigation.
Article 20. The last conclusion 1. At the end of the process of the investigation, the investigating agency announced the final conclusions about the content related to the investigation process provided for in articles 13, 14 and 15 of this Ordinance.
2. final conclusions and the main base to final conclusions are to be informed by appropriate methods for the parties involved in the process of investigation.
Article 21. Termination of investigations Commerce Minister decided to terminate the investigation in the following cases: 1. organizations and individuals have asked to apply anti-subsidy measures voluntarily withdraw records;
2. preliminary conclusion provided for in article 19 of this Ordinance to have one of the following: a) no subsidies of goods imported into Vietnam;
b) mass, volume or value of goods subsidized imports into Vietnam.
c) insignificant allowance;
d) without significant damage or threaten to cause substantial damage to the domestic industry.
CHAPTER III APPLIES ANTI-SUBSIDY MEASURES Article 22. Apply temporary anti-subsidy tariffs 1. After sixty days from the date of the investigation decision, based on the preliminary conclusions, the Minister of Commerce may decide to apply anti-subsidy tax temporarily.
2. anti-subsidy tax temporarily should not exceed the allowance is determined in the preliminary conclusions.
3. temporary anti-subsidy Tariffs can be guaranteed payment by deposit or be guaranteed by other measures prescribed by the law.
4. The time limit for applying temporary anti-subsidy tariffs should not exceed one hundred and twenty days from the date of the decision to apply this measure.
5. The Minister of Commerce may apply temporary anti-subsidy tax not to exceed sixty days.
Article 23. Measures commit 1. After the preliminary conclusion and before the end of the period of investigation, the Organization, the individual producer or exporter of the goods subject to the investigation or the Government of the country or territory can take out commitment to the Ministry of Commerce on the voluntary termination of subsidies, reducing the level of subsidy , committed to adjust the export price or apply other appropriate measures.
2. Minister of trade can accept, to not accept or suggest content adjustment commitments but isn't forcing the right commitment.
3. Investigating authorities publicly committed to content for the parties involved in the process of the investigation are known.
4. in case of non acceptance of the commitment of the parties concerned, the Minister of Commerce to notify reasons not accepted that commitment and to continue the investigation to apply anti-subsidy measures according to the provisions of this Ordinance.
5. Minister of Commerce decision to suspend the investigation of anti-subsidy measures and commitment if it deems the realization of commitments that do not cause or threaten to cause substantial damage to the domestic industry.
The parties have committed to periodically provide investigating authorities the information and documents related to the implementation of commitments and demonstrate the accuracy of the information and documents which according to the decision of the Minister of Commerce.
6. where the parties concerned are not done properly according to commit, cause or threaten to cause substantial damage to the domestic industry, the Commerce Minister, the decision to continue the investigation to apply anti-subsidy measures or a decision applying anti-subsidy measures according to the provisions of this Ordinance.
Article 24. Application of tax allowances

1. in case of not achieving the commitment stipulated in article 23 of this directive, pursuant to the conclusions and recommendations of the Council handled the case against subsidies, Trade Minister the decision to apply or not apply tax subsidies.
2. anti-tax subsidy may not exceed the level of the pension is determined in the final conclusions.
3. The time limit for applying anti-subsidy tax not to exceed five years from the date of the decision to apply anti-subsidy tariffs.
4. The time limit for applying tax subsidies could be extended in case of the Commerce Minister, the decision to scrutinize the application of anti-subsidy tariffs prescribed in chapter IV of this Ordinance.
5. the investigating authorities informed by appropriate methods the decision to apply or not apply tax subsidies for the parties involved in the process of investigation.
Article 25. Applying anti-subsidy tariffs in effect prior to 1. If the conclusion ultimately determined to have significant damage or threaten to cause substantial damage to the domestic industry and temporary anti-subsidy tax was applied before the final conclusion, the tax subsidies are applied with effect retroactively.
2. Tax subsidies are applied retroactively with effect for the imported goods within a period of ninety days before the application of provisional measures if the following two conditions: a) imported goods that are Government or agency of a foreign government subsidies;
b) mass, volume or value of goods subsidized imports into Vietnam increased mutation causing damage difficult to afford redress for the manufacturing industry in the country.
3. Do not access the currency account for tax disparity when applying anti-subsidy tariffs in the last conclusion the higher temporary anti-subsidy tariffs prescribed in article 22 of this Ordinance.
4. Refund account for tax disparity when applying anti-subsidy tariffs in lower final tax level against temporary assistance provisions of article 22 of this Ordinance.
5. in case of the Commerce Minister decides not to apply anti-subsidy tax, then the tax subsidies were temporary currency or tax payment guarantee against temporary assistance provisions of article 22 of this Ordinance will be refunded.
CHAPTER IV REVIEWING the APPLICATION of ANTI-SUBSIDY MEASURES Article 26. Reviewing the application of anti-subsidy measures 1. After twelve months from the date of the decision to apply anti-subsidy measures, Minister of Commerce has the right to decide to review the measures against subsidies when the proposal of one or more related parties as defined in article 11 of this directive and on the basis of the review of the evidence by the parties suggest that provided.
2. Twelve months before the date of the deadline decided to apply anti-subsidy measures expire, Minister of Commerce decision to scrutinize the application of preventive measures against the subsidies.
3. Investigating authorities check the anti-subsidy measures applied under the provisions of articles 9, 10, 11, 12, 13, 14, 15, 16 and 17 of the Ordinance.
4. The conduct of the procedures related to the review process not interfere are applying anti-subsidy measures.
5. The time limit for reviewing the application of anti-subsidy measures prescribed in clause 1 and clause 2 of this Thing is not more than twelve months from the date of your decision.
Article 27. Decide on your results applying anti-subsidy measures When finished reviewing the application of the anti-subsidy measures, Trade Minister off to one of the following decisions: 1. Continue to apply or apply anti-subsidy measures;
2. Adjust the tariffs against subsidised or accept pledges correspond with your results;
3. Terminate the anti-subsidy measures.
Chapter V COMPLAINTS and HANDLE breach of article 28. Complaints, claims 1. Within a period of sixty days from the day the Minister of Commerce decisions about applying anti-subsidy tax, if the parties involved in the process of investigation and application of anti-subsidy measures do not agree with the decision of the Minister of Commerce shall have the right to complain to the Secretary of Commerce.
2. Within a period of sixty days from the date of the complaint, the Trade Minister has the responsibility to resolve complaints; special circumstances, the time limit for complaint resolution was renewed but not exceeding sixty days and must be reported using the appropriate method for organizations, individuals have complaints.
3. in case of exceeding the time limit specified in paragraph 2 of this Article that the Secretary of Commerce is not yet a decision resolving the complaint or appeal, the individual organization does not agree with the decision to settle complaints by the Minister, the Trade Organization, that individual has the right to sue in the courts in accordance with the law of Vietnam.
Article 29. Resolve disputes and handle breach of the settlement of disputes and handle infringement of legislation on anti-subsidy import goods into Vietnam are done in accordance with the law of Vietnam; the case of the international treaties to which Vietnam signed or joined other regulations made under international treaties.
CHAPTER VI article 30 ENFORCEMENT TERMS. Effective enforcement of this Ordinance has effect from January 1, 2005.
Article 31. Guiding the implementation of the Government, the Supreme People's Court to the extent of his powers, duties detailing and guiding the implementation of this Ordinance.