Decree 04/2006/nd-Cp: Regarding The Establishment And The Functions, Duties, Powers, Organizational Structure Of The Board Handled The Incident Anti-Dumping, Anti-Subsidy And Safeguard

Original Language Title: Nghị định 04/2006/NĐ-CP: Về việc thành lập và quy định chức năng, nhiệm vụ, quyền hạn, cơ cấu tổ chức của Hội đồng xử lý vụ việc chống bán phá giá, chống trợ cấp và tự vệ

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The DECREE on the establishment and the functions, duties, powers, organizational structure of the Board handle anti-dumping cases, anti-subsidy and self-defense _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Basing the Ordinance On protection of foreign merchandise imported into Vietnam on May 25, 2002;
Basing the Ordinance on anti-dumping goods imported into Vietnam on April 29, 2004;
Basing the Ordinance On anti-subsidy goods imported into Vietnam on August 20, 2004;
Pursuant to Decree No. 86/2002/ND-CP dated 5 November 2002 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;
Pursuant to Decree No. 29/2004/ND-CP dated 16 January 2004 of the Government functions, tasks, powers and organizational structure of the Ministry of Commerce;
Considering the recommendation of the Minister of trade, the DECREE: article 1. Established the Council handled the incident anti-dumping, anti-subsidy and self-defense Council handle anti-dumping cases, anti-subsidy and self-defense (hereinafter referred to as the processor board).
Article 2. The position and function of the processor board is held directly to the trade functions help the Minister of Commerce to consider the application of anti-dumping tax, tax subsidies and safeguard measures applied to goods imported into Vietnam on the basis of the conclusions and results of the investigation of anti-dumping cases , anti-subsidy and safeguard measures applied by the competition authority.
Funding of activities of the Council treats due to State budget guarantees and are arranged according to the estimated annual budget of the Ministry of Commerce.
Article 3. Duties and powers of the Council handled the incident anti-dumping, anti-subsidy and self-defense have the duties and powers are mainly the following: 1. Research, review, the conclusions of the Bureau of competition management of the anti-dumping, anti-subsidy and safeguard measures applied.
2. 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.
3. 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.
4. Discuss and decide by majority on not having or having increased mass, volume or value of goods causing or threatening to cause serious damage to the production of similar goods or goods compete directly in the water.
5. Recommendations to the Minister of Commerce decision to apply anti-dumping taxes, tax allowances and decides to adopt safeguard measures.
Article 4. Organizational structure 1. The Council treats include some permanent members and some other members working in each incident.
The President and the Vice President handled by Trade Minister appointed, dismissed on the basis of the list was approved by the Prime Minister.
2. Assist the Board handle the Council Secretariat has processed. Mission, functions, organizational structure of the Secretariat of the Council by the Minister processing trade regulations.
3. The Council is responsible for handling the construction regulations of the Organization and activities of the Council of Ministers Ministry of Commerce for approval.
Article 5. Leadership Council handle Assembly handle has a Chairman and a Vice Chairman of the number.
The Chairman is responsible for processing before the Trade Minister on the overall operation of the Council process. The Vice President of the Council is responsible for processing before the President of the Council on the processing tasks are assigned.
Article 6. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 7. Responsible for enforcement of the Trade Minister, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and President of the Council is responsible for handling the implementation of this Decree.

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