THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
150/2003/ND-CP
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Hanoi,
December 8, 2003
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DECREE
DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON SAFEGUARDS IN
THE IMPORT OF FOREIGN GOODS INTO VIETNAM
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the May 25, 2002 Ordinance No. 42/2002/PL-UBTVQH10 on safeguards in
the import of foreign goods into Vietnam;
At the proposal of the Trade Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope
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Article 2.-
Safeguard measures
Measures for safeguard in the
import of foreign goods into Vietnam include:
1. Raising the import tax rates
over the current import tax rates;
2. Applying the import quotas;
3. Applying the customs quotas;
4. Applying absolute tax;
5. Granting import permits to
control import;
6. Imposing surcharges on import
goods;
7. Other measures.
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Domestic manufacturing
industries mean the entire producers of similar goods or directly competitive
goods within the Vietnamese territory or their lawful representatives, which
represent at least 50% of such industries’ total output of domestically
produced goods.
Article 4.-
Interpretation of concepts
In this Decree, the following
concepts shall be construed as follows:
1. “Excessive import of goods”
means the import of goods with volumes, quantities or value thereof increasing
absolutely or relatively over the volumes, quantities or value of similar goods
or directly competitive goods, which are produced at home.
2. “Serious injury to domestic
manufacturing industries” means the state of such industries’ marked declines
in output, domestic consumption, production profits, production growth rate;
the increase in goods unsaleability; adversely affecting employment, wage
level, investment as well as other norms of the domestic industries producing
such goods.
3. “Threat to cause serious
injury to the domestic manufacturing industries” means the certain, obvious and
provable possibility to cause serious injury to domestic manufacturing
industries.
4. “Similar goods” mean goods,
which are identical or similar in functions, utility, quality indexes,
technical qualities and other basic properties.
5. “Directly competitive goods”
mean goods, which may be accepted by buyers as substitutes for goods liable to
the application of safeguard measures due to their advantages in prices and use
purposes.
Chapter II
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Article 5.-
Investigation procedures
1. The Trade Ministry is the
agency responsible for the investigation before deciding on the application or
non-application of safeguards measures.
2. The investigation is
conducted when:
a) Organizations or individuals
representing the domestic manufacturing industries file their dossiers requesting
the application of safeguard measures, made according to the contents in
Article 10 of the Ordinance on safeguards in the import of foreign goods into
Vietnam.
b) There are evidences showing
the necessity to apply safeguard measures.
3. Basing itself on the dossiers
of request for the application of safeguard measures or evidences already
verified, the Trade Ministry shall issue decisions to conduct investigation or
not to conduct investigation according to the principles prescribed in Article 12
of the Ordinance on safeguards in the import of foreign goods into Vietnam.
4. In the course of
investigation, the concerned State bodies, organizations and/or individuals
shall have to coordinate with, and supply necessary information at the request
of, the Trade Ministry.
5. After the completion of
investigation (within the time limits prescribed in Article 18 of the Ordinance
on safeguards in the import of foreign goods into Vietnam), the Trade Ministry
shall publicize the investigation results.
6. On the basis of the
investigation results, after the consultation among relevant parties, after
consulting with the concerned ministries and/or branches, when necessary, on
forms of application of safeguard measures (in case of application) and the
consequences of the application of these measures, the Trade Ministry shall
issue decisions to apply or not to apply safeguard measures. Such decisions
must be publicized.
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A written request for
application of safeguard measures, prescribed by the Trade Ministry, shall
include the following principal contents:
1. The detailed description of
import goods according to their technical qualities and utility, goods codes
under the import tariff tables together with the currently applicable import
tax rates in compatibility with Vietnam’s current lists of export- import
goods.
2. The detailed description of
similar goods or directly competitive goods according to their technical
qualities and utility;
3. Names and addresses of
individuals, enterprises or organizations representing the enterprises with the
written requests made to their names and the representatives of producers of
similar goods or directly competitive goods;
4. The percentage of imported
goods over the output of domestic similar goods or directly competitive goods
of individuals or enterprises with written requests made to their names;
5. The information on volume,
quantity and value of the imported goods liable to investigation of the current
year and each year in the period of three consecutive years before the request
for application of safeguard measures was made;
6. The description of the import
increase, absolute or relative, over domestic production;
7. Information related to
serious damage or threat of causing serious injury to domestic manufacturing
industries of the current year and each year in the period of three consecutive
years before the request for application of safeguard measures is made,
including:
a) The quantity, volume and
value of similar goods or directly competitive goods, which are produced
domestically;
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c) The market share;
d) The inventory;
e) The profit or loss amounts;
f) The labor productivity index;
g) The quantity of laborers, the
labor and income rates in the domestic manufacturing industries;
h) The change in the situation
of goods consumption: quantity, prices;
i) Other relevant necessary
information.
8. Information related to the
possible increase of import and the export probability or inventories of the
exporting countries regarding goods liable to investigation, which threaten to
cause serious injury to domestic manufacturing industries, if any;
9. The explanation on the
serious injury which has already occurred, is occurring or is in danger of
occurring, or possible threats to cause serious injury due to excessive import
of goods;
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11. The adjustment plans of
domestic manufacturing industries to raise the competitiveness with the import
goods being subjects requested for investigation and application of
safeguard measures.
Article 7.-
The contents of decisions to conduct investigation for application of safeguard
measures
The Trade Ministry’s decisions
to start conducting the investigation for application of safeguard measures
contain the following principal contents:
1. The detailed description of
import goods subject to investigation, covering their technical properties,
utility, codes in the import tariff table together with the applicable import
tax rates, compatible with Vietnam’s current list of export and import goods;
2. The detailed description of
similar goods or directly competitive goods, covering their technical
properties and utility;
3. The names of enterprises and
represen-tatives of domestic organizations or individuals that produce similar
goods or directly competitive goods (if any) and request the application of
safeguard measures.
4. The name(s) of the
country(ies) of the origins of investigation-liable goods;
5. Summarized information on
increase in the import of investigation-liable goods and serious injury or the
threats to cause serious injury to domestic production due to import increase.
Article 8.-
Contents of investigation of serious injury or threats to cause serious injury
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1. The absolute or relative
increase and unexpected rise in import of goods liable to investigation over
the production of similar goods or directly competitive goods of the domestic
manufacturing industries;
2. The impacts of the rise in
the import of investigation-liable goods on domestic market shares.
3. The prices of
investigation-liable goods as compared to the prices of similar goods or directly
competitive goods of the domestic manufacturing industries.
4. The impacts of the rise in
the import of investigation-liable goods on domestic manufacturing industries
through such elements as: output, use coefficients of production capacity,
sales, market shares, prices, labor productivity, profits or losses, the
employment rates, incomes and other elements, which cause or threaten to cause
of serious injury to domestic manufacturing industries;
5. The unsaleability,
potentials, actual export capability, probability of increase in the export of
goods catergories liable to investigation of one or many exporting countries;
6. Other relevant elements
necessary for the investigation.
Article 9.-
Information confidentiality
The Trade Ministry shall have to
keep confidential the information supplied by State bodies, organizations
and/or individuals, involved in the investigation process; and must not
publicize them when not yet consented by the information suppliers.
Article
10.- Consultation in investigation
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2. The Trade Ministry shall
consult with the concerned parties in investigation and make records on
consultations and publicize them, except the confidential information.
Chapter III
APPLICATION OF SAFEGUARD
MEASURES
Article
11.- Notification on the temporary application of safeguard measures
The temporary application of
safeguard measures before the completion of investigation shall comply with the
principles prescribed in Article 20 of the Ordinance on safeguards in the
import of foreign goods into Vietnam.
The decisions on temporary
application of safeguard measures shall be publicized with the following
contents:
1. The detailed description of
import goods liable to investigation, covering their technical properties,
utility and codes in the import tariff tables together with the applicable tax
rates, compatible with Vietnam’s current list of export and import goods;
2. The detailed description of
similar goods or directly competitive goods, covering their technical
properties and utility;
3. Names of enterprises which
produce similar goods or directly competitive goods, if any;
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5. The import tax increase rate
upon the temporary application of safeguard measures;
6. The duration of temporary
application of safeguard measures;
7. Information and evidences
proving that the rise in the import of goods subject to investigation causes or
threatens to cause serious injury to domestic manufacturing industries, if any;
8. Information and evidences proving
that the delayed temporary application of safeguard measures will cause or
threaten to cause serious injury to domestic manufacturing industries,
which are hardly overcome.
Article
12.- Refund of import tax differences upon the temporary application of
safeguard measures
1. In cases where the results of
the Trade Ministry’s investigation show that the temporary application of
safeguard measures is not necessary or the import tax should only be increased
at a rate lower than the already applied import tax increase rate, such tax
difference amounts shall be returned to the tax payers. The Trade Ministry
shall issue decisions thereon.
2. The tax difference amounts
mentioned in Clause 1 of this Article shall be refunded within 30 days as from
the date the Trade Ministry issues decisions to apply or not to apply safeguard
measures.
3. The interests on the tax
difference amounts mentioned in Clause 1 of this Article shall not be paid.
4. The Finance Ministry shall
have to carry out procedures for tax refund under the current law provisions on
the basis of the Trade Ministry’s decisions as provided for in this Article.
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1. The safeguard measures may
not be applied to import goods originating from an underdeveloped country if
the volume of that country’s goods imported into Vietnam does not exceed 3% of
the total volume of goods subject to investigation for the application of
safeguard measures.
2. The safeguard measures shall
still be applied to import goods originating from underdeveloped countries if
the total volume of those countries’ goods imported into Vietnam exceeds 9% of
the total volume of import goods subject to investigation for the application
of safeguard measures, in spite of the provisions in Clause 1 of this Article.
3. The determination of
countries to be underdeveloped countries is based on the United Nations
Organization’s criteria for classification of underdeveloped countries.
Article
14.- Notification on application of safeguard measures
Decisions on application of
safeguard measures must be publicized with the following contents:
1. The detailed description of
the import goods subject to the application of safeguard measures, covering
their technical properties, utility and codes in the import tariff tables
together with the currently applicable import tax rates, compatible with
Vietnam’s current list of export and import goods;
2. The detailed description of
similar goods or directly competitive goods, covering their technical
properties and utility;
3. Names of enterprises
producing similar goods or directly competitive goods;
4. Name (s) of the country(ies)
of origins of goods subject to the application of safeguard measures;
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6. Forms and extents of
application of safeguard measures;
7. The effective date and
duration of the application of safeguard measures;
8. The summarized contents of
evidences on serious injury or threats to cause serious injury;
9. Adjustment plans of the
domestic manufacturing industries which produce similar goods or directly
competitive goods;
10. The refund of import tax
difference during the temporary application of safeguard measures
(if any);
11. Name(s) of the
underdeveloped country(ies) exempt from the application of safeguard measures
in compatibility with the provisions in Article 13 of this Decree.
Article
15.- Consultation before the application of safeguard measures
1. Before issuing decisions to
apply safeguard measures, the Trade Ministry shall create opportunities for
satisfactory consultation with the countries having considerable interests in
the export into Vietnam of goods subject to the application of safeguard
measures.
2. The Trade Ministry may reach
agreement with countries having considerable interests as provided for in
Clause 1 of this Article on forms of compensation for injury in order to
overcome unfavorable consequences caused by the application of safeguard
measures.
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IMPLEMENTATION PROVISIONS
Article
16.- This Decree takes implementation effect 15 days after its publication
in the Official Gazette.
Article
17.- Implementation responsibilities
1. The Trade Minister shall have
the respon-sibility for guiding and organizing the implemen-tation of this
Decree.
2. The ministers, the have of
the ministerial-level agencies, the heads of the Government-attached agencies
and the presidents of the provincial/municipal People’s Committees shall have
to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
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