When participating
in the process of international economic integration, every country voluntarily
cut off the trade barriers for goods to easily circulate among each other.
However, in the legal framework of
World Trade Organization (WTO), the countries are allowed to impose trade remedies if satisfying certain conditions.
Vietnam has officially become a
member of WTO since July 11 2007 and the imposing of these trade
remedies are regulated
in Law on foreign trade management 2018.
According to Law on
foreign trade management 2018, trade remedies includes anti-dumping measure,
countervailing measure and safeguard measure. Specifically, (i) Anti-dumping
measure imposed on imports into Vietnam is
a measure imposed on products that are dumped when being imported to Vietnam,
which causes material injury or threaten to cause material injury to domestic
industry or retard the establishment of the domestic industry; (ii)
Countervailing measure imposed on imports into Vietnam is a measure imposed on products that are
subsidized when being imported to Vietnam, which causes the material injury or
threat of material injury to the domestic industry or retards the establishment
of the domestic industry; (iii) Safeguard measure imposed on foreign products
imported into Vietnam is measure
imposed on increased imports of particular products to Vietnam, which causes
the serious injury or threat of serious injury to the domestic industry.
The domestic
industry mentioned above refers to the producers as a whole of the like
products within the territory of Vietnam or those whose collective output of
the like products constitutes a major proportion of domestic production of
those products. Besides, the injury to domestic industry shall be determined on
each level: (i) Material injury to domestic industry; (ii) threat of material
injury to domestic industry; (iii) material retardation of establishment of a
domestic industry; (iv)serious injury to domestic industry; (v) threat of
serious injury to domestic industry.
Due to the imposing
of these remedies directly affecting to foreign producer/exporter as well as
domestic industry, thus, it is required to comply to six following rules when imposing these remedies:
Firstly,
impose measures within
the reasonable scope and level for a certain period of time to protect domestic
industry, prevent or limit the injury to it;
Secondly, only
impose measures after
the investigation is carried out transparently and fairly in accordance with
regulations of law and based on determinations of the investigation;
Thirdly, decisions
on the investigation and the imposition of trade remedies shall be published;
Fourthly, if the
duty rate of an official trade remedy is higher than those of a provisional
trade remedy, the difference of duty will not be collected;
Fifthly, if the
duty rate of an official trade remedy is lower than those of the provisional
trade remedy, the difference of duty will be returned;
Sixthly, if the
Minister of Industry and Trade does not impose an official trade remedy, the
duty of provisional trade remedy that has been collected or the amount for
ensuring the payment of temporary trade remedy duties shall be returned.
If Client needs any
more information or request for legal advice regarding trade remedies measures
including: anti-dumping, countervailing duty and
safeguard measures or international
trade dispute matters, our international trade lawyers at ANT
Lawyers could be of help.
ANT Lawyers in a law firm in Vietnam, recognized by
Legal500, IFLR1000. We are an exclusive Vietnam member of Prea Legal, the
global law firm network covering more than 150 jurisdictions. The firm provides
a range of legal services to multinational and domestic clients
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