Trade and investment policies which take effect from mid-June of 2018

1. New guidance on competent decision on PPP project investment proposals

These are new regulations in Decree No.63/2018/ND-CP on investment in the form of public-private partnership. According to the Decree:

The power to issue investment guidelines of central authorities:

- The National Assembly has the power to issue investment guidelines for projects of national importance.

- The Prime Minister has the power to issue investment guidelines for the following projects:

+ Group A projects funding from central government budget for which is at least 30% of total investment therein or under 30% but greater than VND 300 billion;

+ Group A projects under BT contracts.

- Ministers, Heads of ministerial-level agencies, and Governmental agencies have the power to issue investment guidelines for the projects other than those mentioned above.

Decree No.63 also provides for the power to issue investment guidelines of the People's Council and the People's Committees of provinces.

Decree No.63/2018/ND-CP shall take effect from June 19, 2018 and replace Decree No.15/2015/ND-CP dated February 14, 2015.

2. Right to information confidentiality during investigation and application of safeguard measures

This is mentioned in Circular No.06/2018/TT-BCT providing for safeguard measures.

According to the Circular, confidentiality of the following types of information may be requested:

- Business secrets related to the properties of a product or a production process;

- Information on production and business operation of enterprises such as production costs; sale cost; sale terms other than those made publicly available, etc.

- Information on the exact dumping margin for each transaction during anti-dumping investigation;

- Information about interests claimed by the defending party under a subsidy program that is undergoing trade remedy investigation, etc.

Circular No.06/2018/TT-BCT comes into force from June 15, 2018.

3. Smuggled cigarettes purchased at auction must be exported within 90 days

On April 26, 2018, the Prime Minister promulgated Decision No.20/2018/QD-TTg concerning pilot auction for high quality smuggled cigarettes for export.

According to the Decision, the enterprise that successfully bids for smuggled cigarettes shall be responsible for:

- Following procedures for exporting the goods from Vietnam’s territory within 90 days from the date of purchase.

- If the enterprise fails to complete the procedures for exporting goods out of Vietnam by the aforementioned deadline, it must destroy the goods under supervision of the agency deciding the confiscation and other agencies as per law.

- While following the procedures for export, besides documents specified in customs laws, the successful bidder must submit 01 copy of the purchase contract to the customs authority.

Decision No.20/2018/QD-TTg is effective from June 15, 2018 to June 15, 2020 inclusive; during this period, Decision No.2371/QD-TTg in 2014 on destruction of seized smuggled cigarettes temporarily ceases to have effect.

4. 03 new administrative procedures related to safeguard measures

The Minister of Industry and Trade promulgates Decision No.1821/QD-BCT on announcement of new administrative procedures related to safeguard measures under the management of the Ministry of Industry and Trade.

According to the Decision, 03 new administrative procedures in safeguard measures include:

- Procedures for declaration of imports against which safeguard measures are applied to serve investigation;

- Procedures for exemption from safeguard measures;

- Procedures for replenishment of goods exempted from safeguard measures.

See more details in Decision No.1821/QD-BCT (comes into force from June 15, 2018).

>> CLICK HERE TO READ THE ARTICLE IN VIETNAMESE