ORDINANCE on anti-dumping of goods imported to 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 National Assembly XI, 4 session about building laws and ordinances in 2004;

This Ordinance regulation on anti-dumping for goods imported into Vietnam.

Chapter I GENERAL PROVISIONS article 1. Scope this directive provisions on anti-dumping measures; procedure, to apply census content and the application of these measures for goods being dumped imports into Vietnam.

Article 2. Explanation of terms In this Ordinance, the terms below are interpreted as follows: 1. anti-dumping Tax is additional import duties are applied in the case of goods being dumped imports into Vietnam to cause or threaten to cause substantial damage to the domestic industry.

2. dumping margin is about variances can be calculated to be between regular price of goods imported into Vietnam in comparison with the export price of the goods to Vietnam.

3. Margin of dumping is insignificant dumping margins do not exceed 2% of the export of goods into Vietnam.

4. Mass, volume or value of goods dumped imports into Vietnam is not significant when the mass, volume or value of goods dumped imports into Vietnam meet the following conditions: a) mass, volume or value of goods dumped from a country does not exceed 3% of the total volume , the amount or value of similar goods imported into Vietnam;

b) total weight, quantity or value of goods dumped from many countries meet the conditions specified in point a of this paragraph does not exceed 7% of the total volume, the amount or value of the same goods imported into Vietnam.

5. the domestic production Industry is a collection 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 individual export, import of goods required to apply anti-dumping measures.

6. similar goods are goods that have all the same characteristics of the goods being asked to apply anti-dumping measures or in the absence of such goods, the goods have many basic characteristics with the goods being asked to apply anti-dumping measures.

7. substantial damage to the domestic industry is in significant decline in status or suppress growth of output, consumption, prices, 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.

8. Threatened to cause significant damage to domestic industry is capable of immediate, clear and proven will cause substantial damage to the domestic industry.

Article 3. Identify the goods being dumped imports into Vietnam 1. Goods originating from countries or territories considered dumping when imported into Vietnam (hereinafter the "dumping goods into Vietnam) if such goods are sold at a price lower than the normal price as defined in paragraph 2 and paragraph 3 of this article.

2. The price of goods imported into Vietnam is able to compare prices of similar goods that are sold on the domestic markets of the country or territory of export according to the usual trade terms.

3. in the absence of similar goods sold on the domestic markets of the country or territory of export or similar goods sold on the domestic markets of the country or territory of export, but with the volume, the amount or value of the goods is negligible, the usual prices of goods imported into Vietnam is determined in one of two ways the following: a) can compare Prices of similar goods of the country or territory of export are being sold on the market of a third country in the usual trade terms;

b) reasonable price of the goods plus reasonable expenses and profit at a level reasonable, considering each stage from production to circulation on the market of the country or territory of export or third countries.

Article 4. Anti-dumping measures 1. Application of anti-dumping tax.

2. Commitment to measures to eliminate the dumping of the Organization, the individual production, exports of goods were required to apply anti-dumping measures with the competent State agencies to apply anti-dumping measures of Vietnam or to domestic producers if the State Agency has the authority to apply anti-dumping measures of the free Men agree.

Article 5. Principles applied anti-dumping measures 1. Anti-dumping measure is applied only to the extent reasonably necessary to prevent or limit damage to the domestic industry.

2. The application of anti-dumping measures to only be made when the investigation and must be based on the conclusions of the investigation provided for in chapter II of this Ordinance.

3. anti-dumping measures to only be applied directly against goods dumping on Vietnam under the provisions of this Ordinance.

4. The application of anti-dumping measures are not causing damage to the socio-economic benefits in the country.

Article 6. Conditions apply anti-dumping measures anti-dumping measure is applied only for goods dumped into Vietnam when the following two conditions: 1. The goods being dumped into Vietnam and dumping margin should be determined;

2. The dumping of the 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 on anti-dumping 1. The unified Government to manage state on anti-dumping for goods imported into Vietnam.

2. The Government established and regulated organization, functions, duties and powers of the anti-dumping authority under the Ministry of commerce include: a) agency anti-dumping investigation (hereinafter the Agency) to conduct the investigation, reviewing anti-dumping cases and in case of necessary recommendations to the Minister of Commerce decision to pressure use of the provisional anti-dumping tax;

b) processing Council anti-dumping cases include some 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 dumping goods into Vietnam to cause or threaten to cause substantial damage to the domestic industry; recommendations to the Minister of Commerce decision to apply anti-dumping tax.


3. Trade Minister responsible to the Government on the implementation of State management of the anti-dumping decision, the application of anti-dumping measures and is responsible for this 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 the administration of anti-dumping and anti-dumping measures.

Chapter II INVESTIGATION to APPLY ANTI-DUMPING MEASURES article 8. To base the investigation 1. Inquiry to apply anti-dumping measures are taken when the profile required to apply anti-dumping measures of the Organization, individuals represent the domestic industry.

The Organization, individuals filing requirements applied anti-dumping measures be considered to represent the domestic industry when the following two conditions: a) the 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 goods of the domestic industry;

b) volume, the amount or value of the goods defined in point a of this paragraph and of the domestic manufacturers support the filing requirements apply anti-dumping measures must be greater than the volume, the amount or value of the goods of the domestic producers opposed the request to apply anti-dumping measures.

2. The Minister of Commerce may decide to investigate when there is clear evidence of the dumping of goods cause or threaten to cause substantial damage to the domestic industry.

Article 9. The profile requires application of anti-dumping measures the profile required to apply anti-dumping measures to be sent to the investigating authorities, including: 1. The petition to adopt anti-dumping measures have the following content: a) the name, address and other pertinent information of the Organization individuals are required to apply anti-dumping measures;

b) description of the imported goods is subject to being asked to apply anti-dumping measures, which include 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) describes the volume, the volume and value of imported goods specified in point b of this clause within a period of twelve months prior to the submission of the request to apply anti-dumping measures;

d) description volume, quantity and value of goods produced in the country within a period of twelve months prior to the submission of the request to apply anti-dumping measures;

DD) information about the normal price and the export price of the goods are described as defined in point b of this clause at the time of import into Vietnam within twelve months before the filing requirements apply anti-dumping measures;

e) margin of dumping of the goods imported were required to apply anti-dumping measures;

g) information, data, evidence of substantial damage to the domestic industry caused by dumping goods into Vietnam caused or threatened to cause;

h) name, address and other pertinent information of the Organization, the individual production and the export of goods to Vietnam were asked to apply anti-dumping measures;

I) specific requirements regarding the application of anti-dumping measures, the time limit applied and applicable level;

2. Documents and other relevant information that the Organization, the individual asked to apply anti-dumping measures to be necessary.

Article 10. The investigation decision to adopt anti-dumping measures 1. Within a period of fifteen days from the date of receipt, if it deems the request profile applied anti-dumping measures are not adequate the content prescribed 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 were asked to apply anti-dumping measures on anti-dumping regulations of Vietnam.

4. Within a period of sixty days from the date the records are full of content specified in article 9 of this Ordinance, the Trade Minister, the decision to investigate; 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 adopt anti-dumping measures, the Agency investigated the informed decisions for organizations, individuals are required to apply anti-dumping measures, the manufacturer, the exporter, the competent authorities of the country or territory of export goods were required to apply measures against dumping and announced to the other stakeholders.

6. Minister of trade was not a decision to investigate if the Organization, individuals asked to apply anti-dumping measures to withdraw records, except as prescribed in clause 2 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-dumping measures;

2. organizations, foreign individuals producing or exporting goods are required to apply anti-dumping measures;

3. organizations and individuals importing goods were asked to apply anti-dumping 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-dumping 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 State agencies of Vietnam;

10. the competent authorities of the country or territory of export goods were asked to apply anti-dumping measures;

11. organizations and individuals that their rights and interests relevant to the investigation process.

Article 12. The content of the investigation to apply anti-dumping measures 1. Identify goods dumped into Vietnam and dumping margin 2. Identify significant damage or threaten to cause substantial damage to the domestic industry on the basis of consideration of the following: a) mass, volume or value of goods dumped into Vietnam in comparison with the volume, the amount or value of the same goods that are produced or consumed in the country have going to increase dramatically a manner relative or absolute;

b) impact on the prices of goods were required to apply anti-dumping measures to work to devalue or suppress the ability to increase the price of similar goods;

c) adverse impact on the domestic industry or to the formation of the manufacturing sector in the country.

3. The relationship between the dumping of the goods into Vietnam with significant damage or threaten to cause substantial damage to the domestic industry.

Article 13. 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 14. Consultations 1. The investigation agency held 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 relates to the application of anti-dumping measures remains to be ensured.

3. The conduct of consultations not to obstruct the process of investigation and application of anti-dumping measures according to the provisions of this Ordinance.

Article 15. Information security 1. The investigating authority is responsible for maintaining the confidentiality of the information to be provided when the request was received satisfactorily by 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 16. The duration of the investigation 1. The investigation period to apply anti-dumping 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 renew the investigation but not more than six months.

Article 17. 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 process of the investigation provided for in article 12 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 18. 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 process of the investigation provided for in article 12 of this directive.

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 19. Termination of investigations Commerce Minister decided to terminate the investigation in the following cases: 1. organizations and individuals have asked to apply anti-dumping measures, voluntary withdrawal of records;

2. preliminary conclusion provided for in article 17 of the Ordinance has at least one of the following content: a) no dumping as prescribed in article 3 of this Ordinance;

b) magnitude of dumping negligible;

c) mass, volume or value of goods dumped into Vietnam.

d) without significant damage or threaten to cause substantial damage to the domestic industry.

Chapter III APPLICATION of ANTI-DUMPING MEASURES article 20. Applied temporary anti-dumping tariffs 1. After sixty days from the date of the investigation decision, based on the preliminary conclusions, the Minister of Commerce may decide applied temporary anti-dumping tariffs.

2. anti-dumping tax temporarily should not exceed the margin of dumping in the preliminary conclusions.

3. temporary anti-dumping Tariffs can be secured by cash payment a deposit or be guaranteed by other measures prescribed by the law.

4. The time limit applied temporary anti-dumping tariffs are not too one hundred and twenty days from the date of the decision to apply this measure.

5. As requested by the exporter of the same commodity, Trade Minister may adopt temporary anti-dumping tariffs but not exceeding sixty days.

Article 21. 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 may take out commitment to the Ministry of Commerce, with the domestic producers regarding one or the following: a) adjusted sale price;

b) voluntarily limit the volume, the quantity or value of goods dumped into Vietnam.

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-dumping measures according to the provisions of this Ordinance.

5. Minister of Commerce decision to suspend the anti-dumping investigation and measures of 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 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-dumping measures or the decision to adopt anti-dumping measures according to the provisions of this Ordinance.

Article 22. Application of anti-dumping taxes 1. The case did not reach the commitment stipulated in article 21 of this directive, pursuant to the conclusions and recommendations of the Council handle anti-dumping case, the Trade Minister, the decision to apply or not to apply anti-dumping tax.

2. anti-dumping tax rate should not exceed the margin of dumping in the final conclusions.

3. Duration of application of anti-dumping tax not to exceed five years from the date of the decision to apply anti-dumping measures.

4. The time limit imposed anti-dumping taxes can be extended in the case of Minister of Commerce decision reviewing the application of the anti-dumping tax as stipulated in chapter IV of this Ordinance.

5. the investigating authorities informed by appropriate methods the decision to apply or not to apply anti-dumping tax for the parties involved in the process of investigation.

Article 23. Application of anti-dumping 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 the temporary anti-dumping tariff has been applied before you finally conclude anti-dumping tax applied force and earlier.

2. anti-dumping Tax 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 were dumped;

b) mass, volume or value of goods dumped 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 applied anti-dumping tax rates in the higher temporary anti-dumping tariffs prescribed in article 20 of this Ordinance.

4. Refund account tax difference when applied anti-dumping tax rates in the lower level of the provisional anti-dumping tax prescribed in article 20 of this Ordinance.


5. in case of the Commerce Minister decides not to apply anti-dumping tax, the provisional anti-dumping tax has to be levied or guaranteed payment of provisional anti-dumping tax prescribed in article 20 of this Ordinance will be refunded.

Chapter IV REVIEWING the APPLICATION of ANTI-DUMPING MEASURES article 24. Reviewing the application of anti-dumping measures 1. After one year from the date of the decision to apply anti-dumping measures, the Trade Minister has the right to decide to scrutinize the application of anti-dumping measures when there is a suggestion 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 suggested the offer.

2. A year ago on the deadline decided to apply anti-dumping measures expire, Minister of Commerce decision to scrutinize the application of anti-dumping measures.

3. Investigating authorities check the application of anti-dumping measures as prescribed in articles 9, 10, 11, 12, 13, 14 and 15 of this Ordinance.

4. The conduct of the procedures related to the review process not interfere are applying anti-dumping measures.

5. The time limit for reviewing the application of anti-dumping measures prescribed in clause 1 and clause 2 of this Thing is not more than twelve months from the date of your decision.

Article 25. Decide on your results in the application of anti-dumping measures When finished reviewing the application of anti-dumping measures, a Trade Minister in the following decisions: 1. Continue to apply or apply anti-dumping measures;

2. Adjust the anti-dumping tax rates corresponding to your results;

3. Terminate the application of anti-dumping measures.

Chapter V COMPLAINTS and HANDLE breach of article 26. Complaints, claims 1. Within a period of sixty days from the day the Minister of commercial decision about the application of anti-dumping tax, if the parties involved in the process of investigation and application of anti-dumping measures does 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 Secretary of Commerce shall have the right to sue in the courts in accordance with the law of Vietnam.

Article 27. Resolve disputes and handle breach of the settlement of disputes and handle infringement of legislation on anti-dumping goods in Vietnam was conducted 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 28 ENFORCEMENT TERMS. Effective enforcement of this Ordinance has effect from 1 October 2004.

Article 29. 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.