Advanced Search

Ordinance 42/2002/pl-Ubtvqh10: Safeguard In The Import Of Foreign Goods Into Vietnam

Original Language Title: Pháp lệnh 42/2002/PL-UBTVQH10: Về tự vệ trong nhập khẩu hàng hoá nước ngoài vào Việt Nam

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
ORDINANCE on the protection of foreign goods imported into Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ To strengthen economic governance, created conditions for Vietnam's economy integrate into the international economy effectively, limiting the adverse impact of causing serious damage to domestic producers due to the extraordinary increase in goods imports into Vietnam;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 amended the supplements according to resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;

Based on the resolutions of the National Assembly, 10-session program on building laws and ordinances in 2002;

This Ordinance regulates the safeguard measures in importing foreign goods into Vietnam.

Chapter 1: GENERAL PROVISIONS article 1. Scope this Ordinance regulation on the safeguard measures, the conditions and procedure for applying the measures in case of excessive goods imported into Vietnam to cause serious damage to domestic producers.

Article 2. The right to apply the safeguard measures the Government of Vietnam has the right to apply the safeguard measures in case a certain goods are imported on Vietnam under the provisions of this Ordinance.

Article 3. The safeguard measures safeguard measures in importing foreign goods to Vietnam include: 1. increase the level of import tax;

2. apply import quotas;

3. Apply other measures prescribed by the Government.

Article 4. Explanation of terms In this Ordinance, the terms below are interpreted as follows: 1. "excessive goods imported" is the import of the goods with the mass, volume or value in a way the absolute or relative to the volume, the amount or value of the goods or the goods compete directly produced in the country.

2. "serious damage to the domestic industry" is the condition that manufacturing industry declined significantly, production of domestic consumption, the profitability of production, production growth; increasing the level of backlog of goods; adverse employment, salary, investment and other indicators to the manufacturing sector in the country of origin of the goods.

3. "threatened to cause serious damage to the domestic industry" as the ability, clearly and definitely prove to be about the serious damage caused to the domestic industry.

4. "domestic industry" is the whole of the producers of goods similar or competitive goods directly within the territory of Vietnam or their legal representative proportion of the total output of goods that are produced in the country.

5. "similar goods" as goods that are identical or similar in function, use, quality, technical features and other basic attributes.

6. "direct competitive goods" are goods the buyer is likely to be accepted for replacement goods in the scope of application of the safeguard measures due to the advantage of the price and the purpose of use.

Article 5. The principle of applying the safeguard measures 1. The safeguard measures to be applied in the scope and the level required to prevent or limit damage to domestic industry and create conditions for the manufacturing sector that enhance competitiveness.

2. The application of the safeguard measures are based on the results of the investigation provided for in chapter II of this Ordinance, except where the application of provisional safeguard measures.

3. The safeguard measures to be applied on the basis of non-discrimination and does not depend on the origin of the goods.

Article 6. Conditions apply the safeguard measures safeguard measures only apply to imported goods when there are enough of the following conditions: 1. Mass, volume or value of imports of goods increased mutation absolutely or relative to the volume, the amount or value of the goods or the goods compete directly produced in the the water;

2. The increase in mass, volume or value of imports of goods specified in paragraph 1 of this article is causing or threatening to cause serious damage to the production of goods or the goods compete directly in the water.

Article 7. Consultations 1. The Commerce Ministry may conduct consultations with the parties involved in the investigation process and the application of the safeguard measures required of them in order to create conditions for all the stakeholders presented their comments and provide the necessary information.

2. The parties are not required to be present at the consultations; If the party would not be present at the consultations then their interests relating to safeguard measures still to be secured.

Article 8. Offset damages 1. The offset and extent to offset the damage caused by application of the safeguard measures to be implemented in accordance with the law of Vietnam, international treaties to which Vietnam signed or joined.

2. The offset and extent of the damage is determined on the basis of the results of consultations between the parties concerned.

Chapter 2: INVESTIGATION for APPLICATION of SAFEGUARD MEASURES article 9. The Agency is responsible for conducting the investigation, the Ministry of Commerce is responsible for the investigation before deciding whether to apply or not to apply the safeguard measures.

Article 10. To base the investigation 1. Department of Commerce investigation when there are records required to apply safeguard measures of the Organization, individuals representing the domestic industry on the condition that the entire goods so held, that individual production accounted for at least 25% of the production of goods or the goods compete directly produced in the country. The Organization, individuals have the required records must be liable for the information in the profile.

2. Ministry of Commerce proactive investigation in case there is evidence demonstrating the need to apply the safeguard measures.

Article 11. The profile required to apply safeguard measures required profile apply safeguard measures are submitted to the Ministry of commerce include: 1. The petition to apply safeguard measures according to the template specified by the Ministry of Commerce;

2. The documents and the information relevant to the goods subject to the investigation to apply safeguard measures and similar goods or goods in direct competition.

Article 12. The decision to proceed with the investigation in order to apply safeguard measures 1. In the case of records requests to apply safeguard measures have not enough information then the slowest is 15 days from the date of the application, the Ministry of Commerce, the Organization must inform individuals filing additional information requirements. The time limit for additional information at least 30 days from the date of the organization or individual that receives additional information requirements. The Trade Ministry decision not to conduct the investigation, if the information is not provided within the prescribed time limit.

2. within 30 days from the date of the additional records are full of information, the Ministry of Commerce to the decision to conduct the investigation.

3. When no official decision about the conduct of the investigation, Commerce did not reveal the content of the profile required to apply safeguard measures.

4. The absence of a decision to conduct the investigation, commerce must announce the reason for the Organization, individuals filing requirements apply safeguard measures.

5. The decision not to trade with the investigation if the Organization, individuals have the required records to apply safeguard measures to withdraw records, unless there is evidence that it is necessary to continue the investigation.

Article 13. The parties involved in the process of investigating The parties involved in the process of the investigation include:


1. organizations and individuals overseas production and the export of goods subject to the investigation;

2. organizations and individuals importing goods subject to the investigation;

3. foreign industry associations representing the majority of the organizations and individuals who manufacture, export or import goods subject to the investigation;

4. The Government and the competent authorities of the country of export goods subject to the investigation;

5. organizations and individuals have asked to apply safeguard measures;

6. organizations and individuals in the country of origin of the goods or of similar goods compete directly;

7. local industry associations representing the majority of the organizations and individuals who produce similar goods or goods in direct competition;

8. trade union organizations representing the interests of workers in the manufacturing sector in the country;

9. the Vietnam farmers Association;

10. The organization protecting the rights of consumers in Vietnam;

11. the competent State agencies of Vietnam;

12. organizations, individual rights and legitimate interests in relation to the investigation or process might be helpful for the process of investigation.

Article 14. Provide information for the investigation process 1. State agencies, organizations, individuals involved have a responsibility to coordinate, create favorable conditions for the process of investigation and provide the necessary information as required by the Ministry of Commerce.

2. Ministry of Commerce is responsible for information security in accordance with the law.

Article 15. Manage import goods subject to the investigation 1. The investigation process to consider the possibility of applying safeguard measures were not hindering the customs procedures for imported goods are the subject of the investigation.

2. Since when have decided the investigation until the end of the process of investigation, the Department of Commerce can make import licensing regime for goods that are the subject of the investigation. The licensing that statistical purposes only, with no restrictions on quantity, volume or value of goods imported.

Article 16. The content of the investigation the investigation must ensure objectivity, taking into account the elements characteristic of the production situation in the country and make clear the following: 1. The increase of import of goods subject to the investigation of a mutant way about mass, volume or value;

2. Serious damage or threaten to cause serious damage to the domestic industry on the basis of reviews: a) The change in the situation of consumption goods are the subject of the investigation in the domestic market;

b) changes in the volume of production of the goods, the labour productivity index, coefficient of use of production capacity, the interest rate level and the hole, the rate of people having jobs in the production of goods that are the subject of the investigation;

c) the proportion of the import goods is subject to the investigation in the total volume of goods similar or competitive goods are directly consumed in the domestic market.

3. The relationship between the increase in imported goods with serious damage or risk of causing serious damage to the domestic industry.

Article 17. Suspension of the Investigation Department of Commerce decision to suspend investigations in the following cases: 1. The person has the required records to apply safeguard measures to withdraw records in the investigation process;

2. foreign related Parties committed to eliminating serious damage or risk of causing serious damage to the domestic industry;

3. Other cases prescribed by the Government.

Article 18. The duration of the investigation and publish the results of the investigation 1. The investigation period not exceeding 6 months from the date of The decision to investigate trade; in case of need, the investigation period may be renewed once, no more than 2 months.

2. After the end of the investigation, the Commerce Ministry publicized the results of the investigation.

Article 19. The decision to apply or not to apply the safeguard measures 1. On the basis of the results of the investigation, the decision to apply or not to apply the safeguard measures after consultation of ministries, ministerial agencies concerned. This decision must be announced publicly.

2. The safeguard measures provided for in this Ordinance may not be applied, if the application of the measures which led to one of the following consequences: a) cause damage to the economy and society in the country;

b) cause damage to the interests of the majority of the home consumption goods;

c) other consequences determined by the Government.

Chapter 3: APPLY the SAFEGUARD MEASURES article 20. Apply temporary safeguard measures 1. The Ministry of Commerce may decide to apply temporary safeguard measures before the end of the investigation, if it deems the slow implementation of the safeguard measures caused or threatened to cause serious damage to the domestic industry and the damage that is difficult to overcome later.

2. provisional safeguard measures only apply to The commercial conditions to continue the investigation.

3. Decides to apply temporary safeguard measures must be reported publicly for the parties concerned.

4. provisional safeguard measures only apply in the form of import duty under the provisions of the law on the export tax, import tax.

5. the term of validity of the temporary safeguard measures should not exceed the time limit necessary to exclude serious damage or prevent the risk of causing serious damage to the domestic industry and to domestic industry adjusted to adapt to the competitive situation. The duration of safeguard measures temporarily ends when the Department of Commerce's decision about whether to apply or not to apply safeguard measures, but in any case not exceed 200 days from the start date to apply temporary safeguard measures.

6. Ministry of Commerce may decide to suspend the application of provisional safeguard measures ahead of time in case of need.

7. In case the results of investigation of the Ministry of Commerce showed that the implementation of temporary safeguard measures is not needed or should only determine the increase tariffs at levels lower than the import tax was applied, then the difference in the tax that was refunded to the taxpayer under the provisions of the law.

Article 21. Apply the safeguard measures 1. The application of the safeguard measures are conducted on the basis of the decision was in effect of the Ministry of Commerce.

2. The safeguard measures may not be applied to goods originating from the least developed countries.

Article 22. The time limit for the application of safeguard measures 1. The time limit for the application of safeguard measures, including time to apply temporary safeguard measures, is not more than 4 years.

2. The time limit for the application of safeguard measures may be extended one time no more than 6 years, the condition still serious damage or risk of causing serious damage to the domestic industry and has the evidence to prove that manufacturing, which are adjusted to improve competitiveness.

Article 23. Suspension of the application of the safeguard measures Trade Ministry decision to suspend the application of the safeguard measures in the following cases: 1. When the conditions of application of the safeguard measures are no longer in existence;

2. The continued application of safeguard measures which cause serious damage to the economy and society in the country.

Chapter 4: REVIEWING the SAFEGUARD MEASURES article 24. The principle of the safeguard measures


1. In the case of time apply the safeguard measures exceeds three years, the Ministry of Commerce to conduct the review of the safeguard measures before half time to have concluded about the maintenance, cancel or mitigate the level of application of safeguard measures.

2. Reviewing the safeguard measures must be consistent with the provisions of chapter II of this Ordinance.

Article 25. Decide on your results the safeguard measures after reviewing the safeguard measures, The trade off one of the following decisions: 1. Maintain the safeguard measures are applied;

2. Mitigate the extent to which the measures apply;

3. Suspension of the safeguard measures are being applied.

Chapter 5: RENEWALS and RE APPLY SAFEGUARD MEASURES Article 26. The extension of the application of safeguard measures 1. The Ministry of trade to consider the extension of the application of safeguard measures on the basis of the Organization, individuals representing the domestic industry have requested the extension of applying safeguard measures consistent with the provisions of paragraph 1 of article 10 of this Ordinance.

The profile requires the extension to apply safeguard measures must include evidence that the manufacturing sector in the country that has made the necessary adjustment measures to enhance competitiveness and to be submitted to the Ministry of Commerce at the latest 6 months ago on safeguard measures that expired.

2. The procedure of investigation, announce, notice provisions in chapter II of this Ordinance applies correspondingly for the extension to apply safeguard measures.

3. The level of application of safeguard measures in time not be higher than the level applied in the period preceding it.

Article 27. Regulation on the application of safeguard measures A safeguard measures have to be applied in respect of a type of goods can be applied back for the goods according to the following rules: 1. In the case of a safeguard measures have been applied to a category of goods on 4 years, only applicable to the goods after the a time by half-time.

2. In the case of a safeguard measures to be applied in respect of a type of goods from 6 months to 4 years, only applicable to goods after two years.

3. In the case of a safeguard measures to be applied in respect of a type of goods for less then 6 months may re apply safeguard measures that when the following conditions: a) at least after one year from the date of application of safeguard measures;

b) safeguard measures have been applied with respect to goods not more than 2 times in 5 years time before re applying safeguard measures.

4. The application of a safeguard measures in respect of a type of goods must be made according to the procedures as when this measure was applied for the first time.

Chapter 6: managing STATE for APPLYING the SAFEGUARD MEASURES Article 28. State management content about the application of the safeguard measures on State management content to apply the safeguard measures include: 1. The promulgation and implementation of the legal text about the application of safeguard measures;

2. Implementation of the safeguard measures;

3. Advocacy and dissemination of laws and policies that relate to the application of safeguard measures;

4. The investigation to application of safeguard measures;

5. Organize and conduct consultations with the parties concerned;

6. The decision to apply or not to apply the safeguard measures;

7. Guide the application of safeguard measures;

8. organizations collect, process and provide information related to the application of safeguard measures;

9. Inspect, examine the observance of the law on the application of safeguard measures;

10. Complaints and handle breach of the law on the application of the safeguard measures.

Article 29. The State administration on the application of the safeguard measures 1. The unified Government to manage state on the application of safeguard measures.

2. The Ministry responsible for trade before the Government made the unification of State management on the application of safeguard measures; the Organization made the application of the safeguard measures on the basis of a consultation of ministries, ministerial agencies concerned.

3. 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 performance management of the application of safeguard measures.

Chapter 7: COMPLAINTS and HANDLE breach of article 30. The complaint 1. The complaints related to the process of investigation and application of safeguard measures must be sent to the Ministry of Commerce.

2. Ministry of Commerce is responsible for resolving a complaint within 30 days from the date of the complaint; special cases, this time limit may be extended but not more than 60 days.

3. In the case of expiry of the provisions in paragraph 2 of this Article that The unresolved trade complaints or individual organizations complain does not agree with the decision to settle complaints by Ministry of Commerce, the Organization, that individual has the right to sue in the courts under the provisions of the law.

Article 31. Resolve disputes and handle breach of the settlement of disputes and handle infringement is done in accordance with the law of Vietnam, international treaties to which Vietnam signed or joined.

Chapter 8: Article 32 ENFORCEMENT TERMS. Effective enforcement of this Ordinance has effect from 1 September 2002.

Article 33. Guiding the implementation of government regulations and detailed guide to the enforcement of this Ordinance.