The DECREE detailing implementation of some articles of the Ordinance on anti-subsidy goods imported into Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Basing the Ordinance No. 22/2004/PL-UBTVQH11 on August 20, 2004 on anti-subsidy goods imported into Vietnam;
According to the recommendation of the Minister of trade, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing implementation of some articles of the Ordinance on anti-subsidy goods imported into Vietnam (hereinafter the Ordinance on anti-subsidy) investigation against subsidies, the Council handled the case against subsidy; procedure, to apply census content and applying anti-subsidy measures against subsidized goods imported into Vietnam.
Article 2. Voice and text in the process of resolving the incident against subsidies 1. Voice and text used in the process of resolving the anti-subsidy provisions of this Decree are Vietnamese. The parties involved in the process of the investigation according to the provisions of article 11 of the Ordinance on anti-subsidy (hereafter referred to as the parties) have the right to use voice and text of his nation, in this case to have a translator.
2. The information and documents not in Vietnamese by the stakeholders provided must be translated into Vietnamese. The parties concerned must guarantee the truthfulness, accuracy and responsibility before the law about content translation.
Article 3. Evidence evidence in the process of resolving the incident against what is grant's real are investigating authorities against subsidies, the Council handled the case against subsidy used as bases for determining pension status goods imported into Vietnam, the condition of the domestic industry suffered significant losses or threatened significant damage and the relationship between the subsidies of goods imported into Vietnam with significant damage or threaten to cause substantial damage to the domestic industry as well as other details necessary for the proper solving the case against subsidies.
Article 4. Determine the mass, volume or value of goods subsidized imports into Vietnam negligible mass, volume or value of goods subsidized imports into Vietnam is considered not significant when: 1. Mass, volume or value of goods subsidized imports from a country does not exceed 3% of the total volume , the amount or value of similar goods imported into Vietnam.
2. The total mass, volume or value of goods subsidized imports from many countries meet the conditions specified in paragraph 1 of this article does not exceed 7% of the total volume, the amount or value of the same goods imported into Vietnam.
Article 5. Determine the percentage of the total volume, the amount or value of the same goods produced in the country of the volume, the amount or value of manufactured goods accounted for 50% of the total volume, the amount or value of the same goods produced in the country or over is considered primarily a proportion in the total volume , the amount or value of the same goods produced in the country.
Article 6. Define the relationship link directly between manufacturers of similar goods in the water with the Organization, the individual export, import of goods required to apply anti-subsidy measures 1. Manufacturers of similar goods are considered to have direct links with the Organization, the individual export, import of goods required to apply anti-subsidy measures in the following cases: a) this Party directly or indirectly controls the other;
b) all are directly or indirectly controlled by a third party;
c) together directly or indirectly control a third party.
2. A party may be considered to be in control of another party when that party has the right to govern the financial and operating policies of the other party in order to gain economic benefits from the business activities of the other party.
Chapter II ANTI-SUBSIDY AGENCIES, who CONDUCTED the ANTI-SUBSIDY, who PARTICIPATED in the PROCESS of RESOLVING the INCIDENT AGAINST Section 1 the AGENCY AGAINST subsidies, who CONDUCTED the ANTI-SUBSIDY article 7. The anti-subsidy agencies, Who conducted the fight against subsidies 1. The agency consists of anti-subsidy anti-subsidy investigation agency (hereinafter the Agency) and the Council of the processing allowance (hereinafter referred to as the processor board).
2. The person who conducts the anti-subsidy include: a) the head of the investigation agency;
b) the investigator grants (hereinafter the investigator);
c) Board members are processed.
Article 8. The duties and powers of investigation when conducting the anti-subsidy investigation, the Agency has the following powers and duties: 1. To enact the required profile model measures and anti-subsidy investigation questionnaire.
2. Perform the duties of the investigation to apply anti-subsidy measures according to the procedures stipulated in the Ordinance on anti-subsidy and this Decree.
3. to request the parties concerned to provide the necessary information and documents relevant to the case against subsidies.
4. Organization of the session in consultation with the parties concerned.
5. Publish the preliminary conclusions about the content of the related investigations.

6. Recommendations to the Minister of Commerce to consider, decide on the application of provisional anti-subsidy tariffs in case of need.
7. Recommendations of the Minister of Commerce to consider about accepting, not accepting or recommend tuning the content is committed on the basis of voluntary recommendations of the manufacturer, the exporter concerned as defined in article 23 anti-subsidy Ordinance.
8. final conclusions about the publication of content related to the process of investigation.
9. Check the application of the anti-subsidy measures by decision of the Minister of Commerce.
10. Performs other duties prescribed by law.
Article 9. The head of the Agency 1. The head of the Agency by the Minister of Commerce appointed, dismissed.
2. The head of the investigation agency has the following powers, duties: a) organizes, directs the Agency performing the duties and powers stipulated in article 8 of this Decree;
b) assigned investigators to investigate the specific support;
c) assigned to investigate Executive counseling session;
d) oversees the activities of the investigation of the investigator;
DD) decided to open the session of consultations;
e) Keep confidential information confidential according to the provisions of article 28 of this Decree;
g) referendum examiner.
Article 10. Investigators 1. Standards of the investigator.
Who has qualified the following may be appointed investigator: a) good moral quality, honest, objective;
b) Bachelor degree or above in the field of law or economics, finance;
c) Have actual work time for at least 5 years in one of the areas specified in point b of this paragraph;
d) Are training, fostering professional investigation.
2. the investigator so appointed Trade Minister, dismissed the proposal of the head of the investigation agency.
Article 11. The duties and powers of investigator when conducting the anti-subsidy investigation, members have the following rights and duties: 1. Perform investigative tasks as assigned by the head of the investigation agency.
2. to request the parties concerned to provide the necessary information and documents relevant to the case against subsidy as defined in article 12 Ordinance on anti-subsidy.
3. Keep confidential information confidential according to the provisions of article 28 of this Decree.
4. Preservation of documents have been provided.
5. The report of the investigation after the end of the subsidy investigation, drafting and submission to the head of the Agency investigating the preliminary conclusions, final conclusions related to the process of investigation.
Article 12. The duties and powers of the Board handle the processor Board has the following powers and duties: 1. To consider the conclusions of the investigation agency under the provisions of article 37 of this Decree.
2. Discuss and decide by majority on whether or not the assistance goods imported into Vietnam to cause or threaten to cause substantial damage to the domestic industry.
3. Recommendations to the Minister of Commerce decision to apply anti-subsidy tariffs on the basis of the provisions of article 37 of this Decree.
Article 13. Board members handle 1. The Standards Board members are processed.
The Minister of trade recommendations list of members of this Council the handling, the Prime Minister approved according to the following criteria: a) good moral quality, honest, objective;
b) Bachelor degree or above in the field of law or economics, finance;
c) Have actual work time of at least 9 years in one of the areas specified in point b of this paragraph.
2. The base list of members of this Council the handling has been approved by the Prime Minister, the Minister of trade review, specific decisions about the number of members of the Board handles join the fight against subsidies, which assigned a member presided the session and the decisions recommendations prescribed in clause 2, 3 article 12 of this Decree.
3. The term of Board members handle is 5 years and can be appointed.
Article 14. The duties and powers of Board members handle when conducting the anti-subsidy, Board members have handled the task, the following powers: 1. Research, review, the conclusions of the investigating authorities and the other documents in the case profile anti-subsidy investigation agency.
2. Participate in the session of the Council to discuss and vote on whether or not the assistance goods imported into Vietnam to cause or threaten to cause substantial damage to the domestic industry.
3. Keep confidential information confidential according to the provisions of article 28 of this Decree.
Section 2 who PARTICIPATED in the PROCESS of RESOLVING the ANTI-SUBSIDY article 15. Participants of the process of resolving the pension participants the process of resolving the incident against the subsidies include: 1. The organisation of personal legal representation, for the manufacturing sector in the country as defined in paragraph 1 article 8 Ordinance on anti-subsidy filing requirements apply anti-subsidy measures onto the investigation (hereinafter the applicant).
2. organizations and individuals overseas production, export of goods being The required filing requirements apply anti-subsidy measures or investigation agency conducted the investigation according to the decision of the Minister of trade as defined in article 8 anti-subsidy Ordinance (hereinafter the Person being required).

3. Lawyers of The request and the person being asked.
4. other related parties.
Article 16. Rights and obligations of the person asked, people were asking for.
1. When joining the process of resolving the incident against the subsidies, The request has the following rights: a) reach the information that other stakeholders give the investigating agency, unless the information is protected under the provisions of article 28 of this Decree;
b) requires that the investigating authority, investigator information security as defined in article 28 of this Decree;
c) participated in consultation sessions;
d) authorize on behalf of his lawyer to join the process of resolving the incident against the subsidy;
DD) requires investigating authorities held closed consultation session as specified in clause 6 of this Decree, article 27;
e) claims, claims the decision of Minister of Commerce under the provisions of article 28 anti-subsidy Ordinance.
2. When taking the process of resolving the incident against the subsidies, people were required to have the following rights: a) the rights specified in paragraph 1 of this article;
b) petitioning authorities to extend the time limit for providing information, extend the time limit for answering a question the investigation according to the provisions in clause 2 article 24 of this Decree.
3. People ask, Who are required to have the following obligations: a) offers a full, honest, accurate, timely information, the necessary documentation relating to its request;
b) offers a full, honest, accurate, timely information, the documents at the request of the investigating authority, investigator;
c) enforcement of decisions of the Minister of Commerce.
Article 17. Lawyers of The request and The required 1. Lawyers are eligible to participate in the proceedings in the Court under the provisions of the law are required, the required authorization, have the right to participate in the process of resolving the anti-subsidy to protect the rights, legitimate interests of parties that I represent.
2. When taking the process of resolving the anti-subsidy, lawyers have the following rights and obligations: a) join the stages in the process of resolving the incident against the subsidy;
b) verify, collect and provide the document to protect the rights and legitimate interests for the party that I represent;
c) study the material in the record subsidies;
d) Are notes, copy the necessary documents in the case against subsidies, except the information is confidential under the provisions of article 28 of this Decree, to make the protection of the rights, legitimate interests for the party that I represent;
Help your party) representative in terms of the law related to the protection of the rights, legitimate interests;
e) adhering to the truth and the law; not be bribed, forced or incited others to declare the deceitful, untrue material provided;
g) not disclosed a secret investigation that I know when to join the process of resolving the incident against the subsidy;
h) not use materials that have notes, copy the file to support the purpose of violating the State's interests, rights, legitimate interests of organizations and individuals.
Article 18. Rights, obligations to other stakeholders participating in the process of resolving the incident against the subsidies, the stakeholders are not required or Who are required to have the right to, the following obligations: 1. To provide honest information and necessary documents related to the case against subsidy according to their own views or at the request of the investigating agency Investigator.
2. request the investigating authority, investigator information security as defined in article 28 of this Decree.
3. Access to information about the Agency's subsidy investigation, unless the information is protected under the provisions of article 28 of this Decree.
4. Participate in consultation sessions and presentation of views related to the case against subsidies, except in the case specified in clause 6 of this Decree, article 27.
Chapter III INVESTIGATION to APPLY ANTI-SUBSIDY MEASURES article 19. The profile requires applying anti-subsidy measures records request anti-subsidy measures sent to the investigating agencies include: 1. The petition to adopt measures against the subsidy have the following content: a) the name, address and other pertinent information of the requester or the domestic industry representatives in case authorities establishing records of decision of the Minister of trade;
b) description of the imported goods is subject to required measures against the subsidies, including the name, basic characteristics and main uses, according to the import tariff code current and applicable import tax rates, origin of goods;
c) description volume, quantity, unit price and the value of the goods defined in point b of this clause within the 12 months before The filing requirements or before the investigating authorities to profile according to the decision of the Minister of trade;
d) description volume, quantity, unit price and the value of the same goods produced in the country within 12 months before The filing requirements or before the investigating authorities to profile according to the decision of the Minister of trade;
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 person being required;

h) specific enquiries on the application of measures taken against subsidies, the application deadline and the level applied.
2. Documents and other relevant information that people request or investigation agency (in this case the investigating agency created the profile required to apply anti-subsidy measures) is necessary.
Article 20. Appraisal of records required to apply anti-subsidy measures in case someone ask 1. Within 45 days, from the date of receiving the full record, valid under the provisions of article 19 of this Decree, the Agency is responsible for appraising records to the Trade Minister to review the decision of the investigation.
2. Content of the appraisal records include: a) identified as the legal representative for the manufacturing industry in the country of the Organization, the individual applicants as defined in clause 1 article 8 anti-subsidy Ordinance;
b) determine evidence of subsidy for goods imported into Vietnam to cause or threaten to cause substantial damage to the domestic industry.
Article 21. File request anti-subsidy measures applicable in case of no person required 1. In no case The request but there signs about the subsidies of goods imported into Vietnam to cause or threaten to cause substantial damage to the domestic industry, the Commerce Minister, the decision to conduct investigations agency delivered file required measures against the subsidy to the Minister to review the decision of the investigation.
2. The time limit for establishment of the profile as specified in paragraph 1 of this article is 6 months, from the date the Minister of Commerce signed the decisions the Agency investigation file.
 Article 22. The content of decision of the investigation 1. The decision of the investigation include the following content: a) the name, address and other pertinent information of The request (if available);
b) name, address and other pertinent information of manufacturing industry representative in the country in the absence of The request;
c) description of goods is subject of request anti-subsidy 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;
d) name, address and other pertinent information of the person being required;
DD) name of the country, and the export territories of origin of the goods is subject to being asked to apply anti-subsidy measures;
e) summary information on the imported goods allowance described in point c of this clause caused or threatened to cause significant damage to domestic industry;
g) effective date begins with the investigation;
h) phase of the investigation;
I) schedule the anti-subsidy;
k) The other relevant information which the Minister for trade is needed.
2. The notice, announced the decision to investigate was made according to the provisions in clause 5 article 10 anti-subsidy Ordinance.
Article 23. Providing information, documents in the investigation process 1. The parties concerned have the responsibility to provide truthful information and the necessary documents at the request of the investigating authorities.
2. where necessary, the Agency will conduct the referendum examiner or check, verify the authenticity of the information, the document issued by the relevant parties to provide or collect additional information and documents necessary for proper resolution to the incident against the subsidies.
3. In the case of conducting checks, verify the authenticity of the information, materials or gather more information in that country or territory outside of Vietnam, the investigating authority must follow the following rules: a) before performing the verification or collect information, the investigating authority must notify the Organizer individuals concerned and the competent authorities of the country or territory;
b) verify or collect information to organizations and individuals concerned agree and not be the competent authorities of the country or territory referred to in point a of this paragraph, unless the international treaties to which Vietnam, countries and associated territories as members otherwise.
4. Unless the information is protected under the provisions of article 28 of this Decree, the Agency must investigate publicly the results evaluation, check the verify or collect information for the parties concerned.
5. the investigating agency will decide based on the information, the materials are available in the following cases: a) the parties concerned not to provide information, the documents required in accordance with the requirements prescribed in paragraph 1 of this article;
b) results assessment, test, verify that the information and documents provided by the parties concerned is not authentic;
c) parties have not agreed to let the investigation proceed to verify;
d) stakeholders hinders the process of investigation.
6. in case of not accepting the use of the information and documents which the parties concerned have provided, investigating authorities must explain the reason for not accepting the use of the information, document it.
Article 24. A question of the investigation 1. Within a period of 15 days, from the date of the decision of the investigation, the investigating agency must send a questionnaire investigation to the addresses of the following objects: a) the person is required or the legal representative of the person being required;
b) Vietnam representative of the country or territory of export, goods production were asked to apply anti-subsidy measures;
c) Agency of the country or territory of export, goods production were asked to apply anti-subsidy measures;
d other relevant parties).

2. within 30 days from the date of the questionnaire survey, people were asked to submit a written reply in full to the questions included in the questionnaire investigation to the investigating agency. In case of necessity and if people were asked to have the text of the proposal, this time limit may be investigating authorities to review, renew once with maximum period not exceeding 30 days.
 3. A census question was considered to address recipients after 7 working days, calculated from the date the agency sent. Date to be determined based on the seal of the post office.
Article 25. Determine the level of private support 1. Investigating authorities must proceed to determine the level of private support for each person is required in the case against subsidies, except in the case specified in clause 2 of this Thing.
2. where the number of people being asked or the range of goods are required to apply anti-subsidy measures is too great, can not proceed to determine the level of subsidy, the investigating authorities may limit the scope of investigation determined the level of private support for some people with request or merchandise required measures against the subsidies.
Limiting the scope of the investigation was done according to the following rules: a) The limited scope of investigation is done by the method of choosing the appropriate statistical model on the basis of volume, the quantity or value of the goods being asked to apply anti-subsidy measures produced export, by people with requests or information that the investigating agency have been at the time of the sample selection;
b) when conducting the investigation form select, investigating authorities may conduct the necessary consultations with the person being required, the importer regarding the choice of the form and must have the consent of the people being asked about the selection of the sample.
3. the allowance is determined according to the provisions of article 14 anti-subsidy Ordinance.
4. The level of the subsidies were requested not to be investigated is defined as the average family allowance rights that apply to people who were selected to determine the required level of private support, as defined in paragraph 2 of this Article.
Article 26. Determine the relationship between the subsidized goods imported into Vietnam with significant damage or threaten to cause substantial damage to the domestic industry 1. When defining the relationship between the subsidized goods imported into Vietnam with significant damage or threaten to cause substantial damage to the domestic industry, investigating authorities may consider the following factors: a) the relationship between the subsidized goods imported into Vietnam with evidence of significant harm or threaten to cause substantial damage to the domestic industry;
b) number and the price of similar goods imported into Vietnam unassisted;
c) declining levels of demand or a change in the form of consumer goods produced in the same country;
d) ability to export and productivity of the domestic industry;
DD) other factors as determined by the Agency to investigate.
2. where necessary, the investigating authorities can consider adding other factors cause or threaten to cause substantial damage to the domestic industry in addition to subsidize imported goods into Vietnam.
Article 27. Consultation in investigation 1. Before the investigation and during the investigation, the investigating authorities may organize public consultation sessions with stakeholders and assigning at least 3 investigators, 1 investigator in which presided the session to consultations.
2. At the latest 30 days before the date of organization of the consultation sessions, the parties concerned must submit the text register to participate in consultation sessions for the investigating authorities which stated the issue should consult the enclosed written arguments.
3. The order of conducting the consultations: a) opening statement Chairman consultation sessions;
b) Who asked, people were asked directly or through authorized representatives in turn direct verbal presentation of evidence to defend his views regarding the grants. Time for each side presented no more than 90 minutes;
c) Who requested and Who required given the speech content specified in point b of this clause in writing for Chairperson;
d) stakeholders not in cases specified in point b of this clause have the power given the text presentation of views related to the case against his support for the Chairman;
DD) Chairman, the investigators questioned and heard people ask, Who are required or their legal representatives to answer. Question and answer time for each side not exceeding 60 minutes. The full text will be recorded in the minutes of consultations;
e) Chairperson summary sessions and end statement.
4. within 7 working days, calculated from the date the Organization of consultations, the parties concerned have the right to submit a written presentation to add his views concerning the subsidy for the Agency to investigate.
5. The full text of the consultation, including the text presented by the parties and the minutes of consultations to be investigation publicly.
6. where necessary, the investigating authorities may hold closed consultations sessions when requested by the requester or the person being asked. Participants closed consultations sessions will be investigating authorities consider, decide on the basis of the request of the party requesting consultations.
Article 28. Information security

1. Investigation and investigators responsible for the security of information by the parties concerned provide the following: a) national secrets and other secrets as prescribed by law;
b) information that parties provide is confidential and is investigating authorities accepted the suggestion to information security.
2. When offering the information to recommend security as defined in point b of paragraph 1 of this article, the parties to provide information should submit that information a detailed explanation about why information security proposal and a summary of the content of the confidential information may be publicly for other stakeholders.
3. in case of not accepting the security recommendations of the party providing information or provide information to disagree publicly recommended information security, investigating authorities will not use this information and return to the offer.
Article 29. Preliminary conclusions 1. Within a period of 90 days, from the date of the investigation decision to apply anti-subsidy measures, authorities announced preliminary conclusions about the content related to the investigation process provided for in articles 13, 14 and 15 anti-subsidy Ordinance; in special circumstances, the time limit announced preliminary conclusions can be extended but not more than 60 days.
2. preliminary conclusions must be announced publicly by using the appropriate method for the parties involved in the process of investigation and must include the following: a) the name, address and other pertinent information of The request (if available);
b) description of the imported goods is subject of request anti-subsidy measures, which include the name, basic characteristics and main uses, according to the import tariff code current and applicable import tax rates, origin of imports;
c) name, address and other pertinent information of the person being required;
d) description volume, number and value of the goods imported into Vietnam as defined in point b of this clause within the 12 months before The required filing requirements apply anti-subsidy measures or before the investigation file request anti-subsidy measures imposed by decision of the Minister of trade;
DD) allowance;
e) the information and evidence prove the subsidy of imported goods described in point b of this clause caused or threatened to cause significant damage to domestic industry; or the information, the evidence the slowly apply temporary anti-subsidy tariffs threaten to cause substantial damage to the domestic industry and hard to fix;
g) schedule the anti-subsidy;
h) other information which the institution to be necessary.
3. After 7 working days from the date of the preliminary investigation concluded, the investigating agency must submit a report of the investigation and preliminary investigation conclusion up to Minister of trade and in case of need, the petition to the Minister of Commerce decision to apply anti-subsidy tax temporarily.
Article 30. The termination of the investigation 1. The Minister of trade decided to terminate the investigation according to the provisions of article 21 Ordinance on anti-subsidy.
2. after the termination of the investigation decision, within 7 working days investigating authorities have the responsibility to inform the decision to terminate the investigation which stated the reason for the termination of the investigation to the parties involved in the writing or the proper method.
Article 31. The last conclusion 1. Within 30 days after the end of the process of the investigation, the investigating agency must publish final conclusions about the content of the related investigations as defined in articles 13, 14 and 15 the Ordinance Against the subsidy and the content of the provisions of article 26 of this Decree.
2. final conclusions and the main base to give final conclusions with regard to service the investigation must be announced publicly by the appropriate method, and must include the following: a) the name, address and other pertinent information of The request (if available);
b) description of the imported goods is subject of request anti-subsidy measures, which include the name, basic characteristics and main uses, according to the import tariff code current and applicable import tax rates, origin of imports;
c) name, address and other pertinent information of the person being required;
d) description volume, number and value of the goods imported into Vietnam as defined in point b of this clause within the 12 months before The required filing requirements apply anti-subsidy measures or before the investigation file request anti-subsidy measures imposed by decision of the Minister of trade;
DD) allowance;
e) the information and evidence prove the subsidy of imported goods described in point b of this clause to cause or threaten to cause substantial damage to the domestic industry;
g) schedule the anti-subsidy;
h) other information which the institution to be necessary.
3. within 7 working days, calculated from the date of publication of the final conclusions, the investigating agency must send the Council handled the incident record against subsidies, include the following documents: a) dossiers applying anti-subsidy measures;
b) reports;
c) preliminary conclusions;
d) final conclusions and the main base to give final conclusions;
DD) recommendations of the investigating authorities.
Chapter IV MEASURES APPLIED AGAINST Section 1 MEASURES COMMITTED

Article 32. Send the written commitment after preliminary conclusion and at the latest not more than 30 days before the end of the period of investigation, the legal representative or the Government, the territory of the people being asked can send written commitment about a or the content of the provisions in Article 23 paragraph 1 anti-subsidy Ordinance (hereinafter the commitments excluding grants) directly to The trade through the agency or to the manufacturer in the country to consider before submitted to the investigating authorities.
Article 33. Considering the commitment to eliminate subsidies 1. Within a period of 30 days from the date of receiving the written commitment to exclude subsidies, investigating authorities are responsible for reviewing and recommending comments to the Minister of Commerce to consider the decision.
2. Commit to eliminate subsidies must be reviewed based on the following bases: a) the application of the subsidy elimination commitment has the ability to overcome significant damage or threaten to cause substantial damage to the domestic industry;
b) adopting commitments excluding grants do not negatively influence the implementation of socio-economic policy in the country.
Article 34. The decision about whether to commit to eliminate subsidies 1. To base your opinion on the recommendation of the Agency investigation on commitment to eliminate subsidies, Trade Minister can place one of the following decisions: a) the decision to suspend the investigation and accepted the parties ' commitment to commitment;
b) recommended the party take out commitment to adjust the content of the committed but not to force the parties to put forward commitments;
c) decided not to accept the commitments and stating the reason.
2. The decisions provided for in paragraph 1 of this article must be publicized to the parties concerned by the appropriate method.
3. where the parties take out commitment to accept the proposal to adjust the content commitments specified in point b of paragraph 1 of this article, on the commitment to send a new commitment to investigating authorities.
Article 35. Monitoring the implementation of commitments excluding grants 1. The party is committed to the supervision of the investigating authorities with respect to the implementation of commitments.
2. the Parties commit 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.
3. where the parties concerned are not done properly according to commit, cause or threaten to cause substantial damage to the domestic industry, the investigating agency must petition the Minister of Commerce decision to continue the investigation to apply anti-subsidy measures or a decision applying anti-subsidy measures prescribed in paragraph 6 Article 23 France the order against the subsidies.
Item 2 APPLY ANTI-SUBSIDY TAX Article 36. apply temporary anti-subsidy tariffs 1. After 60 days, from the date of the investigation decision, based on the preliminary conclusions and recommendations of the investigating agency, the Minister of Commerce decision to apply anti-subsidy tax temporarily.
2. The decision on the application of provisional anti-subsidy tariffs must comply with the provisions in item 2, 3, 4 and 5 Article 22 anti-subsidy Ordinance.
3. Decides to apply the provisional anti-subsidy tariffs to be announced publicly, includes the following content: a) the name, address and other pertinent information of The request (if available);
b) description of the imported goods is subject to apply temporary anti-subsidy tax, which includes the name, the basic characteristics and main uses, according to the import tariff code current and applicable import tax rates and made imported goods;
c) name, address and other pertinent information of the producer, the export of goods is subject to tax imposed anti-subsidy temporarily;
d) tax against temporary assistance;
DD) effective date and duration of application temporary anti-subsidy tariffs.
Article 37. The decision of the Board handle 1. On the basis of the records the incident against the subsidy as defined in paragraph 3 article 31 of this Decree, within 30 days of receiving the application, the Board is responsible for handling the discussion and decision by the majority of the following issues: a) with or without subsidy condition of goods imported to Vietnam;
b) with or without the condition of the domestic industry suffered significant losses or threatened to cause significant damage;
c) or no relationship between the subsidized goods imported into Vietnam with significant damage or threaten to cause substantial damage to the domestic industry.
2. In case the results of voting on issues specified in paragraph 1 of this article is the peer, the Council handled the decision according to the comments of Chairperson the session.
3. In case the decision of the Board processed according to the provisions in clause 1 and 2 of this alleged subsidy and the subsidy is to cause or threaten to cause substantial damage to the domestic industry, the processor board must make recommendations to the Minister of Commerce decision to apply anti-subsidy tariffs.
Article 38. applying anti-subsidy tariffs 1. The case is not committed to the provisions of article 23 of the Ordinance Against the subsidy, based on the final conclusion of the investigation and the recommendations of the Board of handling specified in paragraph 3 Article 37 of this Decree, the Minister of Commerce decision to apply anti-subsidy tariffs.

The case of the application of anti-subsidy tax damaging to social-economic interests in the country, the Minister of Commerce may decide not to apply tax subsidies.
2. The decision on the application of tax allowances to comply with the provisions in item 2, 3, 4 and 5 article 24 anti-subsidy Ordinance.
3. Decides to apply the tax subsidies were announced publicly, includes the following principal contents: a) the name, address and other pertinent information of The request (if available);
b) description of the imported goods is subject to apply anti-subsidy tax, which includes the name of the goods, the basic characteristics and main uses, according to the import tariff code current and applicable import tax rates;
c) name, address and other pertinent information of the producer, the export of goods is subject to apply anti-subsidy tariffs;
d) country, the territory of production, export of goods is subject to apply anti-subsidy tariffs;
DD) summary of results of the investigation showed the need to adopt the tax subsidies;
e) against tax subsidies;
g) effective date and duration of application of anti-subsidy tariffs;
h) levels of disparity in tax refunds (if any) as defined in article 39 of this Decree.
Article 39. Loan for tax disparity against temporary subsidies or tax payment guarantee against temporary support refunds to account for tax disparity against temporary subsidies or tax payment guarantee against temporary assistance as stipulated in paragraph 3 Article 22 anti-subsidy Ordinance is done at the Agency and place of import tax According to the following rules: 1. full refund for tax disparity in tax case against subsidies in the decision of the Minister to lower trade tariffs against the temporary subsidy already paid.
2. Refund the entire temporary anti-subsidy tariffs or the terms of guarantee payments already paid in case of the Commerce Minister, the decision does not apply tax subsidies.
3. The tax difference to be repaid in accordance with paragraph 1, paragraph 2 this does not count the interest.
Chapter V ENFORCEMENT PROVISIONS Article 40. The Decree has effect after 15 days from the date The report.
Article 41. Responsibility 1. Trade Minister responsible for organizing the implementation of this Decree.
2. The financial procedures guide Sets currency lodging, State budget taxes against imports subsidized goods into Vietnam; refund procedures account for tax disparity against temporary subsidies or guarantees the payment of temporary allowances against tax.
3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.