NATIONAL
ASSEMBLY
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
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No. 05/2017/QH14
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Hanoi, June 12,
2017
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LAW
ON
FOREIGN TRADE MANAGEMENT
Pursuant to the Constitution of the Socialist
Republic of Vietnam;
The National Assembly promulgates Law on trade
foreign management.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides regulations on measures for the
foreign trade management, the development of foreign trade activities and
solutions for dealing with disputes related to the imposition of measures for
the foreign trade management.
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1. Regulatory authorities.
2. Traders engaging in foreign trade activities.
3. Other relevant domestic and foreign individuals
and organizations.
Article 3. Definitions
For the purpose of this Law, the terms below shall
be construed as follows:
1. ”foreign trade activities” means
activities related to the international exchange of products in the forms of
export and import; temporary importation; temporary exportation; merchanting
trade; transit and other activities related to the international exchange of
products in accordance with regulations of Vietnam law and international
treaties to which the Socialist Republic of Vietnam is a signatory.
2. “technical measures” means measures
imposed on exports and imports in accordance with regulations of law on the
quality of goods and products, technical standards and regulations, food safety
and measurement.
3. “quarantine measures” includes sanitary
measures for animal and animal products and phytosanitary measures and border
health quarantine measures in accordance with regulations of law on plant
protection and phytosanitary, veterinary medicine and prevention and fighting
of infections.
4. “customs-controlled area” means a
geological area in the territory of Vietnam that is established in accordance
with regulations of Vietnam law and international treaties to which the
Socialist Republic of Vietnam is a signatory and the exchange of products
between this area and the remaining territory of Vietnam or foreign countries
are considered as import and export activities.
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Article 4. Principles of state
administration related to the foreign trade
1. The State shall manage the foreign trade in
accordance with regulations of Vietnam law and international treaties to which
the Socialist Republic of Vietnam is a signatory.
2. Ensure the transparency, equality and
simplification of administrative procedures; ensure legal rights and interests
of the State and traders in economic sectors; promote the development of
domestic production and export associated with the import management.
3. Ensure the compliance with Most Favored Nation
Treatment (MFN) and National Treatment principles in foreign trade activities
in accordance with regulations of Vietnam law and international treaties to
which the Socialist Republic of Vietnam is a signatory.
Article 5. Freedoms to export
and import
1. Freedoms to export or import of Vietnamese
traders except for foreign-invested business entities are exercised as follows:
a) A trader may export, import and carry out other
relevant activities without any dependence on its registered business lines
except for the products included in the list of prohibited exports and imports
and the list of suspended exports and imports;
b) A trader exporting or importing products that
require a license or are subject to certain conditions shall fulfill the
requirements for the license and conditions;
c) A branch of a Vietnamese trader shall carry on
foreign trade activities according to the authorization of the trader.
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a) The right to export and right to import shall be
exercised in accordance with regulations of this Law and international treaties
to which the Socialist Republic of Vietnam is a signatory.
The Ministry of Industry and Trade shall publish
the list of products and roadmap to exercise the right to export and right to
import in accordance with regulations of international treaties to which the
Socialist Republic of Vietnam is a signatory;
b) A trader buys products in Vietnam and exports
them to foreign countries by making an export declaration to carry out and take
responsibilities for procedures related to the export. Rights to export shall
exclude the right to organize a system for collecting products in Vietnam to
export;
c) The trader may import products from foreign
countries to Vietnam and sell them to traders that have the rights to
distribute such products in Vietnam by making an import declaration to carry
out and take responsibilities for procedures related to the import. Rights to
import shall exclude the right to organize or join the system for distributing
products in Vietnam;
3. Foreign traders
without presence in Vietnam and other relevant organizations and individuals of
countries and territories (hereinafter referred to as “countries”) that are
members of World Trade Organization (WTO) and countries signing bilateral
agreements with Vietnam shall have the right to export and right to import in
accordance with regulations of Vietnam law and international treaties to which
the Socialist Republic of Vietnam is a signatory.
4. Exports and imports shall be defined and
published corresponding to the classification of products prescribed in the
list of Vietnamese exports and imports in accordance with regulations of law on
customs.
5. The Government shall provide detailed guidance
on Points b and c of Clause 2 and Clause 3 of this Article.
Article 6. Responsibility for
the state administration related to the foreign trade.
1. The Government shall unify the state
administration related to the foreign trade.
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a) Request the competent authority to approve and
formulate the strategies, plans and programs for the management and development
of the foreign trade, development of markets of the region and the world and
economic integration in each period and decide certain administrative measures
in accordance with regulations of this Law;
b) Promulgate or request the competent authority to
promulgate legislative documents on foreign trade management.
c) Provide instruction on, popularize and organize
the implementation, verification and assessment of legislative documents and
measures for foreign trade management in accordance with regulation of law;
d) Provide the information related to foreign trade
activities and the foreign trade management in accordance with regulations of
law on access to information;
dd) Manage the operation of foreign trade promotion
organizations in Vietnam;
e) Provide direction on professional duties to the
trade representatives affiliated to overseas missions of the Socialist Republic
of Vietnam (hereinafter referred to as “trade representative”);
g) Assist the Government and the Prime Minister in
negotiating, signing and regulating the implementation of international
treaties related to the foreign trade; negotiate for opening the export
markets, handling barriers to the export within its power and supervising the
implementation of international treaties of partners;
h) Provide the Government with the advice on
dealing with disputes related to the imposition of measures for foreign trade
management;
i) Inspect and deal with complaints and
denunciations and take actions against violations related to foreign trade
management within its power;
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3. Ministries and ministerial authorities, within
their duties and power, shall have the following responsibility:
a) Ministries and ministerial authorities shall
take charge and cooperate in negotiating international treaties and supervising
the implementation of partners and removing barriers to the export within their
power; manage the foreign trade and develop foreign trade activities in
accordance with regulations of law, report and share the information related to
foreign trade activities and foreign trade management;
b) The Ministry of
Finance shall take charge and cooperate with relevant authorities in
formulating and requesting the competent authority to promulgate
legislative documents on tax and fees imposed on exports and imports, instruct and inspect the implementation thereof;
cooperate with relevant Ministries, ministerial authorities, organizations and
individuals in formulating policies related to the trade union management in
accordance with regulations of this Law and other relevant regulations of law;
direct the customs authority to inspect, supervise and count exports and
imports in accordance with regulations on customs;
c) The Ministry of Agriculture and Rural
Development shall take charge and cooperate with relevant Ministries,
ministerial authorities and organizations and individuals in proposing,
formulating and implementing sanitary or phytosanitary measures, measures for
food safety and foreign trade development within it duties and power in accordance
with regulations of law;
d) The Ministry of Health shall take charge and
cooperate with relevant Ministries, ministerial authorities and organizations
and individuals in proposing, formulating and implementing measures for health
border quarantine, food safety and the development of foreign trade activities
within it duties and power in accordance with regulations of law;
dd) The Ministry of Science and Technology shall
take charge and cooperate with relevant Ministries, ministerial authorities and
organizations and individuals in proposing, formulating and implementing
technical measures within it duties and power in accordance with regulations of
law;
4. The local government of each province, within
its duties and power, shall:
a) Carry out the task of state administration
related to the foreign trade in the province in accordance with regulations of
this Law and the assignment of the Government, the Prime Minister, Ministries
and ministerial authorities;
b) Take charge and cooperate with relevant organizations
and individuals in proposing projects on the development of foreign trade
activities in the province;
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d) Maintain, update and provide information for
information systems related to export and import management and trade
promotion;
dd) Carry out or direct its affiliated authorities to
carry out the regime for regular report or surprise report to serve tasks of
the state administration related to the foreign trade in the province.
Article 7. Prohibited actions
in the foreign trade management
1. Abuse the positions and powers to violate the
regulations of law on foreign trade management, obstruct legal export and
import activities and violate the rights to export and import of traders
prescribed in Article 5 of this Law.
2. Fail to implement measures for foreign trade
management within its power or under prescribed procedures.
3. Reveal the secret information of trader
illegally.
4. Export or import
prohibited or suspended exports and imports, except for the cases specified in
Clause 2 Article 10 and Clause 1 Article 14 of this Law; fail to obtain the
licenses or satisfy all conditions in cases of exports or imports requiring
licenses or subject to certain conditions; fail to export or import products
through the prescribed border checkpoints; fail to go through customs
procedures or commit frauds in terms of quantity, volume, types or origin of
products when going through customs procedures and fail to stamp products that
must have stamps according to regulations of law.
5. Export and import
products violating regulations in Clause 2 and Clause 3 Article 5 of this Law.
6. Cheat and counterfeit documents related to the
foreign trade management.
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ADMINISTRATIVE MEASURES
SECTION 1. THE PROHIBITION OF
EXPORT OR IMPORT AND SUSPENSION OF EXPORT OR IMPORT
Subsection 1. PROHIBITION OF
EXPORT AND IMPORT
Article 8. The prohibition of
export and import
1. Prohibition of export is a measure imposed by
the competent authority to prohibit delivering products from domestic markets
to customs-controlled areas or out of territory of Vietnam.
2. Prohibition of import is a measure imposed by
the competence authority to prohibit delivering products from
customs-controlled areas to domestic markets or from other countries to
Vietnam.
Article 9. Imposition of the
prohibition of export or import
1. The prohibition of export will be imposed if one
of the following conditions is satisfied:
a) Products to be exported related to national
defense and security have not obtained the permission of the competent
authority for export;
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c) The prohibition of export is imposed according
to international treaties to which the Socialist Republic of Vietnam is a
signatory.
2. The prohibition of import will be imposed if one
of the following conditions is satisfied:
a) Products to be imported related to national
defense and security have not obtained the permission of the competent
authority for import;
b) Products damage the health and safety of
customers;
c) Products affect the social order and safety,
social morality and good customs and habits;
d) Products damage the environment and
biodiversity, pose a high risk of obtaining pests, threaten the food security,
production and export of Vietnam and infringe intellectual property rights;
dd) The prohibition of import is imposed according
to international treaties to which the Socialist Republic of Vietnam is a
signatory.
Article 10. The list of
prohibited exports and imports
1. The list of prohibited exports and imports is
made by the Government.
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3. The export and import of products included in
the list of prohibited exports and imports related to customs-controlled areas
shall comply with regulations in Section 8 of this Chapter.
Subsection 2. The suspension
of export or import
Article 11. The suspension of
export or import
1. Suspension of export is a measure imposed by the
competence authority to prohibit delivering products from domestic market to
customs-controlled areas or out of Vietnam territory for a certain period of
time.
2. Suspension of import is a measure imposed by the
competence authority to prohibit delivering products from customs-controlled
areas to domestic markets or from other countries to Vietnam for a certain
period of time.
Article 12. Imposition of the
suspension of export or import
1. The suspension of export will be imposed if:
a) Products are subject to the urgent control
measure for the foreign trade management prescribed in Chapter V of this Law;
or
b) Products are mentioned in Article 9 of this Law
but have not been included in the list of prohibited exports and imports.
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Article 13. The power to
impose the suspension of export or import
1. The Minister of Industry and Trade shall decide
the suspension of export or import according to opinions or requests of
relevant Ministries and ministerial authorities and take the responsibility for
their decisions unless there are other regulations in law on veterinary
medicine, plant protection and phytosanitary measures.
2. The Ministry of Industry and Trade shall notify
relevant international business entities and countries according to the agreed
procedures if the decision on suspension of export or import prescribed in
Clause 1 of this Article is issued.
Article 14. Exception to the
suspension of export or import
1. The Minister of Industry and Trade shall give
permission to export or import the products that have obtained the decision on
suspension of export or import for special purposes or purposes warranty,
analysis, testing, scientific research, medical, pharmaceutical production and
national defense and security according to opinions or requests of relevant
Ministries and ministerial authorities and take the responsibility for their
decisions unless there are other regulations in law on veterinary medicine, the
plant protection and phytosanitary measures.
2. The export and import of products that have
obtained the decisions on suspension of export or import related to
customs-controlled areas shall comply with regulations in Section 8 of this
Chapter.
Section 2. EXPORT RESTRICTION
AND IMPORT RESTRICTION
Subsection 1. GENERAL
PROVISIONS
Article 15. The export
restriction and import restriction
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2. Import restriction is a measure imposed by the
competent authority aiming to limit the quantity, volume and value of imports,
border checkpoints for import and the right to import products of traders.
Article 16. Exception to the
export and import restriction
1. The export and import of restricted products
prescribed in this Section for non-commercial purposes shall comply with the
relevant regulations of law,
2. The export and import of restricted products
prescribed in this Section related to customs-controlled areas shall comply
with regulations in Section 8 of this Chapter.
Subsection 2. Export and
import quotas
Article 17. The export quota
and import quota
1. Export quota is a restriction imposed by the
competent authority on the quantity, volume and value of Vietnamese exports.
2. Import quota is a restriction imposed by the
competent authority on the quantity, volume and value of imports of Vietnam.
Article 18. The imposition of export
quotas and import quotas
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a) The export or import quota is imposed according
to international treaties to which the Socialist Republic of Vietnam is a
signatory.
b) Products are used for ensuring the balance and
growth of the economy for certain periods;
c) An importing country imposes the import quota on
Vietnamese exports.
2. The imposition of export or import quotas shall
ensure the transparence of the production and value of products; and the
transparence and objectiveness of measures for the allocation of export and
import quotas.
Article 19. The power to
impose export quotas and import quotas
1. The Minister of Industry and Trade shall take
charge and cooperate with relevant Ministries, ministerial authorities, other
organizations and individuals in deciding the imposition of export and import
quotas.
2. The Ministry of Industry and Trade shall publish
products that are subject to export or import quotas.
Subsection 3. TARIFF-RATE
QUOTAS
Article 20. The export
tariff-rate quota and import tariff-rate quota
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2. Import tariff-rate quota is a measure imposed by
the competent authority to decide the quantity, volume and value of imports
within the quota portion that shall be imposed a tariff rate that is more
preferential than those above the quota’s quantitative threshold.
Article 21. The imposition of
export tariff-rate quota and import tariff-rate quota
1. The imposition of export tariff-rate quota and
import tariff-rate quota shall comply with international treaties to which the Socialist
Republic of Vietnam is a signatory.
2. The import tariff-rate quota shall not be
imposed on the quantity, volume and value of products used for the production
and processing of exports.
3. The imposition of tariff-rate quotas shall
ensure the transparence of the quantity, volume and value of products and the
transparence and objectiveness of measures for allocation of export tariff-rate
and import tariff-rate quotas.
Article 22. The power to
impose tariff-rate quotas
1. Ministers and the heads of ministerial
authorities shall decide the amount of tariff-rate quotas imposed on each type
of products within their power.
2. The Ministry of Industry and Trade shall publish
the imposition of tariff-rate quotas and decide measures for allocation of
tariff-rate quotas.
Subsection 4. APPOINTMENT OF
BORDER CHECKPOINTS FOR EXPORT AND IMPORT
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Appointment of border checkpoints for export or
import is a measure imposed by the competent authority to appoint certain
border checkpoints through which traders’ products may be exported or imported.
Article 24. Imposition of
appointment of border checkpoints for export and import
1. The appointment of border checkpoints for export
and import aims to manage and inspect the quality of exports and imports, fight
against the illegal transshipment and commercial frauds and protect the
prestige of Vietnamese exports. The appointment of border checkpoints for
export and import shall be conformable with infrastructures and facilities of
each border checkpoint and ensure the national defense and security.
2. The appointment of border checkpoints for export
and import shall be transparent and equal and facilitate export and import
activities.
3. Traders may exercise their discretion to choose
the border checkpoints for export or import from appointed border checkpoints.
Article 25. The power to
appoint border checkpoints for export and import
1. The Ministry of Industry and Trade shall take charge
and cooperate with relevant regulatory authorities in deciding and publishing
products and corresponding border checkpoints for export and import and
procedures thereof.
2. The decision on the appointment of border
checkpoints for export and import shall be published on mass media at least 45
days before the day on which the decision comes into force.
Subsection 5. APPOINTMENT OF
EXPORTERS AND IMPORTERS
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Appointment of exporters and importers is a measure
imposed by the competent authority to appoint certain traders that may export
or import particular types of products.
Article 27. Imposition
of the appointment of exporters and importers
1. The appointment of importers and exporters will
be imposed if one of the following conditions is satisfied:
a) This measure is imposed according to
international treaties to which the Socialist Republic of Vietnam is a
signatory;
b) Products obtain the state monopoly in commercial
activities in accordance with the law on trade;
c) Products are subject to urgent control measures
for the foreign trade management prescribed in Chapter V of this Law;
2. The appointment of exporters and importers shall
be transparent, ensure the rights and interests of the State and traders that
are appointed to carry out foreign trade activities.
Article 28. The power to
appoint exporters and importers
1. The Government shall make the list of products
and conditions for the appointment of exporters and importers and assign
Ministries and ministerial authorities to manage products according to the
list.
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Section 3. MANAGEMENT THE
FOREIGN TRADE VIA LICENSES AND CONDITIONS FOR EXPORT AND IMPORT
Section 29. Management of the
foreign trade via licenses and conditions for export and import
1. Management of the foreign trade via import and
export licenses (hereinafter referred to as “license-based management”) is a
measure imposed by the competent authority to issue import and export licenses
or equivalent forms to traders to export and import products.
2. Management of the foreign trade via conditions
for export and import (hereinafter referred to as “condition-based management”)
is a measure imposed by the competent authority to define conditions for
business entities, types, quantity and volume of products, facilities,
techniques, equipment and areas which shall be satisfied by traders in case of
export and import for which licenses are not required.
Article 30. Imposition
license-based managements and condition based-management
1. The condition-based management will only be
imposed if it is necessary for social order and safety, social morality, public
health, good customs and environment protection.
2. The license-based management and condition-based
management shall be conducted transparently and help to save time and money of
regulatory authorities and traders.
3. The license-based management and condition-based
management shall comply with international treaties to which the Socialist
Republic of Vietnam is a signatory.
Article 31. The power to
impose license-based management and condition management
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2. Ministries and ministerial authorities shall
publish the list of exports or imports requiring licenses or subject to certain
conditions prescribed in Clause 1 of this Article and publish conditions for
the export and import of products included in the list.
Section 4. CERTIFICATION OF
ORIGINS OF PRODUCTS
Article 32. Certification of
origins of products
1. Documents certifying the origin of a product
include:
a) A written certificate of origin or other
equivalent forms issued to the trader by the competent authority;
b) A self-certification of origin issued by the trader
in accordance with regulations in Clause 2 Article 34 of this Law.
2. The Government shall provide detailed
regulations on origins of products and certification of origins of products.
Article 33. Imposition of
certification of origins of products
The certification of origins of products will be
imposed if:
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2. The export or import in which origins of
products shall be certified as prescribed by law; or
3. The certificate of origin is issued by the
competent authority at the request of the trader or the trader self-certifies
its origins of products in the cases which are not mentioned in Clauses 1 and 2
of this Article.
Article 34. The power to
impose certification of origins of products
1. The Minister of Industry and Trade shall issue
or authorize other organizations to issue certificates of origin.
2. The Minister of Industry and Trade shall issue
written consents to traders self-certifying their origins of products.
Section 35. Verification of
origins of products
1. The Ministry of Industry and Trade shall inspect
and provide instruction on issuance of certificates of origin and self-certification
of origins of products carried out by traders.
2. The Ministry of Finance shall direct the customs
authority to verify origins of imports and exports when going through the
customs procedures in accordance with regulations of law on customs.
Section 5. CERTIFICATION OF FREE
SALE
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1. Certificate of free sale is a certificate issued
to an exporter by the competent authority of the exporting country to certify
the free sale of products in the exporting country.
2. Certificates of free sale include certificates
that are specialized or contain sufficient contents of a certificate of free
sale and other certificates containing equivalent contents.
Article 37. Issuance of
certificates of free sale
A certificate of free sale will be issued if:
1. The products need certificates of free sale as
prescribed by law;
2. An exporter or importer requests for the
issuance of certificate of free sale in the cases that are not mentioned in
Clause 1 of this Article.
Article 38. The power to issue
certificates of free sale
The Government shall make a list of products that
need certificates of free sale and set forth the power and procedures related
to the issuance of certificates of free sale.
Section 6. OTHER MEASURES FOR
FOREIGN TRADE MANAGEMENT
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Article 39. Temporary
exportation
1. A trader that imports products from a foreign
country to Vietnam territory or from customs-controlled areas to domestic
market and exports these products to other countries or customs-controlled
areas shall comply with the following regulations:
a) The trader shall obtain the license for
temporary importation if the products to be temporarily imported are included
in the list of prohibited or suspended exports and imports or products not be
freely sold and used in Vietnam; products subject to export and import quotas,
tariff-rate quotas or export or import licenses;
b) The trader shall satisfy prescribed conditions
for temporary importation of products subject to certain conditions;
c) The trader will only go through the customs
procedures at the customs authority of the border checkpoint if the products
are not mentioned in Points a and b of this Article and Article 40 of this Law.
2. Temporary imports shall only be stored in
Vietnam for a certain period of time.
3. Temporary imports shall be carried out customs
procedures when being imported to Vietnam and under the inspection and
supervision of the customs authority until they are re-exported.
4. The withdrawal of temporary imports for domestic
consumption shall comply with regulations of law on the import management of
this law and other relevant regulations of law.
5. The Government shall provide detailed guidance
on this Article.
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1. The prohibition of temporary importation and
merchanting trade shall be imposed on the following products:
a) Hazardous wastes, scraps and wastes;
b) Products that are prohibited from the temporary
importation or merchanting trade according to international treaties to which
the Socialist Republic of Vietnam is a signatory;
c) Products that have been used and can raise the
commercial fraud;
d) Products that pose a high risk of environmental
pollution, epidemics and effects on human health and life.
2. The Government shall provide detailed
regulations on the list of products prohibited from temporary import and
merchanting trade.
3. In order to prevent environmental pollution,
epidemics, effects on human health or life, illegal transshipment and the risk
of commercial fraud, the Minister of Industry and Trade shall decide to publish
products subject to the suspension of temporary importation and merchanting
trade.
Article 41. Other forms of
temporary importation
1. Except for the temporary importations prescribed
in Article 39 of this Law, a trader may import temporarily products that are
not included in the list of prohibited exports and imports; products that are
suspended from export or import according to the contract with a foreign
country to maintain, rent, lend or use these products for another purposes for
a certain period of time and re-export these products from Vietnam.
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a) A trader shall obtain the license for temporary
importation if products have not been freely sold and used in Vietnam or are
subject to export and import quotas, tariff-rate quotas or export or import
licenses;
b) A trader will only go through procedures for
temporary importation at the customs authority if products are not mentioned in
Points a of this Article.
3. The time limit for temporary importation shall
comply with the agreement between the trader and the partner and be registered
at the customs authority’s premises where procedures for temporary importation
are gone through.
4. If temporary imports are withdrawn for domestic
consumption, they shall comply with regulations of law on the import management
prescribed in this law and other relevant regulations of law.
5. The Government shall provide detailed guidance
on this Article.
Article 42. Temporary
exportation
1. A trader may temporarily export products for
purposes of maintenance, repair, production, operation, renting, borrowing,
display, exhibition, or for other purposes according to the contract with the
foreign partner
2. Procedures for the temporary exportation:
a) A trader shall obtain the license for temporary
exportation if the products to be temporarily exported are included in the list
of prohibited or suspended exports and imports, have not been sold freely and
used in Vietnam or are subject to export and import quotas, tariff-rate quotas
or export or import licenses;
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3. The time limit for temporary exportation shall
comply with the agreement between the trader and the partner and be registered
at the customs authority where procedures for temporary exportation are gone
through.
4. If the temporary exports are withdrawn for
overseas consumption, they shall comply with regulations of law on export management
prescribed in this law and other relevant regulations of law.
5. The Government shall provide detailed guidance
on this Article.
Article 43. Merchanting
trade
1. A trader that conducts merchanting trade of
products that are included in the list of prohibited or suspended exports and
imports, have not been sold freely and used in Vietnam or are subject to export
and import quotas, tariff-rate quotas or export and import licenses shall
obtain the license for merchanting trade of products, except for the
merchanting trade transactions that are carried out without going through any
border checkpoint of Vietnam.
2. The trader will only go through the procedures
for merchanting trade at the customs authority if the products are not
mentioned in Clause 1 of this Article.
3. Products under merchanting trade transactions
that are passed through a border checkpoint of Vietnam shall be subject to the
inspection and supervision of the customs authority until they are exported
actually out of the Vietnam territory.
4. The Government shall provide detailed guidance
on this Article.
Subsection 2. TRANSIT OF
PRODUCTS
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1. The Ministry of Industry and Trade shall take
charge and cooperate with the Ministry of Public Security and Ministry of
National Defense in requesting the Prime Minister to consider giving permission
for the transit of products that are weapons, explosive materials, explosive
pre-substances and support tools.
2. The Minister of Industry and Trade shall issue
the license for transit of products that are included in the list of prohibited
or suspended exports and imports or products prohibited from trading in
accordance with regulations of law.
3. Products that are not mentioned in Clauses 1 and
2 of this Article may be transited through the territory of Vietnam and only be
gone through customs procedures at the first import border checkpoint and the
last export border checkpoint in accordance with regulations of law on customs.
4. The Government shall provide detailed
regulations on procedures for the issuance of license for transit of products
prescribed in Clauses 1 and 2 of this Clause.
Article 45. Principles for the
management of transit of products
1. Exports that are transited shall be the entire
imports.
2. Foreign organizations or individuals that use
the transit service, transit products themselves or hire foreign traders to
transit the products through the territory of Vietnam shall comply with
regulations of law on commerce and international treaties to which the
Socialist Republic of Vietnam is a signatory and regulations of Vietnam law on
exit, entry and transport.
3. The transit of products by air shall comply with
regulations of international treaties to which the Socialist Republic of
Vietnam is a signatory;
4. Products that are transited through the
territory of Vietnam shall be subject to the supervision of the customs
authority during the period of transit, entry and exit through prescribed
border checkpoints.
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Article 46. Border checkpoints
and routes for the transit of products
1. According to international treaties to which the
Socialist Republic of Vietnam is a signatory, the Minister of Transport shall
prescribe the routes used for transport of transited products.
2. Products shall only be transited through
international border checkpoints and according to routes in the territory of
Vietnam as prescribed in Clause 1 of this Article.
3. During the period of transit, any change in
routes for the transit of products shall obtain the permission of the Minister
of Transport.
Article 47. The period of
transit
1. The period of transit through the territory of
Vietnam is 30 days or less from the days on which the customs procedures at the
import border checkpoint are completed, unless the period is extended or the
products are stored in Vietnam, damaged or lost or transit vehicles are broken
down during the period of transit.
2. If the products that are stored in Vietnam,
damaged or lost or transit vehicles are broken down during the period of
transit and it needs more time to store and repair the damage and losses of
products, the period of transit will be extended for proper period of time for
carrying out the abovementioned work and allowed by the customs authority’s
premises where transit procedures are gone through. The period of transit of products
prescribed in Clauses 1 and 2 Article 44 of this Law shall obtain the
permission of the Minister of Industry and Trade.
3. During the period of storage and repair of
damage and losses prescribed in Clause 2 of this Article, products and transit
vehicles shall be subject to the supervision of the customs authority.
Subsection 3. PURCHASING
AGENTS OF FOREIGN TRADERS
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1. A trader may be a legal purchasing agent of
foreign traders, except for the products that are included in the list of
prohibited exports and imports or suspended imports.
2. If the purchasing agent is given its pay in
money, the payment shall comply with regulations of law on foreign exchange. If
the purchasing agent is given its pay in products, these products shall not be
included in the list of prohibited or suspended exports and imports. If the
purchasing agent is given its pay in products that are included in the list of
exports or imports requiring licenses, this payment shall obtain the permission
of the competent authority.
3. Purchasing agents of foreign traders shall go
through procedures for export and import and fulfill taxes and other financial
obligations in accordance with regulations of law.
Article 49. Management of the
employment of foreign traders to work as overseas purchasing agents
A trader may employ a foreign trader to work as its
overseas purchasing agent, except for the products that are included in the
list of prohibited exports and imports or suspended imports.
Subsection 4. ENTRUSTMENT OF
EXPORT AND IMPORT
Article 50. Management of the
entrustment of export and import
1. A trader may entrust the export or import of
products that are not included in the list of prohibited or suspended exports
and imports.
2. If exports or imports require licenses or are
subject to certain conditions, the entrusting party or entrusted party shall
obtain the license or satisfy conditions for export or import before the
entrustment agreement is signed, unless there are other regulations of law.
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Subsection 5. PROCESSING OF
PRODUCTS OF FOREIGN TRADERS AND THE OUTSOURCING OF THE OVERSEAS PROCESSING OF
PRODUCTS
Article 51. Management of the
processing of products of foreign traders
1. A trader may process legal products of foreign
traders, except for products that are included in the list of prohibited or
suspended exports and imports.
2. If imports and exports require licenses, the
trader will only sign the processing contract after being licensed by the
Minister of Industry and Trade in accordance with procedures prescribed by the
Government.
3. The Prime Minister shall decide to allow traders
to process products that are included in the list of the list of prohibited or
suspended exports and imports of foreign traders to have them sold overseas.
Article 52. Management of the
outsourcing of overseas processing of products
1. A trader may outsource the processing of legal
products.
2. The export of machinery, equipment, materials
and auxiliary materials for the processing and the import of processed products
shall comply with regulations on export and import management of this Law and
other relevant regulations of law.
3. Traders shall fulfill their tax obligations
related to the import of processed products for the domestic consumption in
accordance with regulations of law on tax.
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Article 53. MANAGEMENT OF THE
FOREIGN TRADE WITH NEIGHBORING COUNTRIES
1. The foreign trade with neighboring countries of
Vietnam in bordering areas (hereinafter referred to as “border trade")
shall be managed by:
a) Regulations on products, the quantity of
products, the limit for tax exemption, places and measures related to the
purchase, sale and exchange of products by inhabitants of bordering areas;
b) Regulations on products, places, measures and
the assistance related to the purchase, sale and exchange of products by
traders that have been agreed in the international treaties between the
Socialist Republic of Vietnam and neighboring countries.
2. Principles of the management of the border trade
include:
a) The State shall intensify the assistance and
promote the autonomy right of local governments of border areas related to the
organization and management of the border trade in order to facilitate the
purchase, sale and exchange of products by traders and inhabitants of bordering
areas;
b) People, vehicles and products related to the
border trade shall be subject to the inspection and control of the competent
authority in accordance with regulations of law;
c) Violations of regulations of commercial law and
other relevant regulations of law shall be prevented and dealt with strictly.
3. Border trade activities are entitled to the
specialized policies on areas, products, fees and payment measures in
accordance with regulations of law.
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Article
54. Management of the border trade conducted at land border checkpoints
1. The border trade
shall be conducted through international border checkpoints and principal
border checkpoints. If the border trade is conducted through other border
checkpoints or places opened for crossing borders, it shall satisfy prescribed
conditions and be subject to the supervision and management of competent
authorities in accordance with regulations of international treaties to which
the Socialist Republic of Vietnam is a signatory and relevant regulations of
law.
2. The People’s Committee of the bordering province
shall decide to publish the list of other border checkpoints and places opened
for crossing borders where the border trade prescribed in Clause 1 of this
Article may be conducted. If the export or import of products in the
abovementioned areas is jammed, the People’s Committee of the bordering
province, based on the infrastructure of these areas, may implement the measure
for giving the priority to the export of fresh foods and perishable
agricultural products or suspending the export and import until there is no
jam.
3. The management of
the export and import of products at the land border checkpoints shall be
conducted consistently, synchronously, cooperate closely and simplify the
administrative procedures.
4. The Government shall provide detailed guidance
on this Article.
Article
55. Policies on management and development of activities providing the
assistance in the border trade conducted at land border checkpoints
1. Ministries,
ministerial authorities and local governments shall take the responsibility for
the management and development of the following activities at the land border
checkpoints:
a) Provide the
assistance in going through administrative procedures in accordance with
relevant regulations of law.
b) Provide the
assistance in strengthening the commercial logistics capacity including
forwarding, shipping, processing, packaging, load, translation, protection of
products and other activities strengthening the commercial logistics capacity;
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d) Provide the
assistance in strengthening the capacity for expansion into the markets of
neighboring countries by providing assistance in consultancy, brokerage,
purchasing and selling agents, entrustment of export and import, merchanting
trade, advertisements, fairs and exhibitions;
dd) Provide the
assistance in the infrastructure including roads, electricity, water, border
markets, showrooms, warehouses, electronic weighing stations and fire safety;
e) Provide other
aids related to border trade conducted at the border checkpoints in accordance
with regulations of law.
2. The Government shall formulate the policy on
encouraging traders of all economic sectors to invest in, develop and carry out
activities of the assistance in the border trade conducted at the border checkpoints prescribed in Clause 1 of
this Law.
Section 8. MANAGEMENT OF
PRODUCTS OF CUSTOMS-CONTROLLED AREAS
Article 56. Management of
exports of customs-controlled areas
1. The imposition of measures for foreign trade
management of products that are exported from customs-controlled areas to other
countries is the same as those of products that are exported from domestic
market to other countries.
2. Measures for foreign trade management shall not
be imposed on products that are delivered from the domestic market to
customs-controlled areas.
3. Measures for management of exports of
customs-controlled areas shall be imposed only once.
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Article 57. Management of
imports of customs-controlled areas
1. The imposition of measures for foreign trade
management of products that are delivered from customs-controlled areas to the
domestic market is the same as those of products that are imported from other
countries to the domestic market.
2. Measures for foreign trade management, except
for the prohibition or suspension of import and quarantine measures, shall not
be imposed on products that are delivered from foreign countries to
customs-controlled areas.
3. The measure for management of imports of
customs-controlled areas shall be imposed only once.
4. The products prescribed in Clause 2 of this
Article shall be subject to the supervision of the customs authority in
accordance with regulations of law on customs and other relevant regulations of
law.
Article 58. Management of
purchase and sale of products between customs-controlled areas
1. Measures for foreign trade management shall not
be imposed on products that are purchased, sold and transported between
customs-controlled areas in the territory of Vietnam.
2. The transport of products between customs-controlled
areas shall be subject to the supervision of the customs authority in
accordance with regulations of law on customs and other relevant regulations of
law.
Article 59. Exception
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Chapter III
TECHNICAL AND QUARANTINE
MEASURES
Section 1. IMPOSITION OF TECHNICAL
AND QUARANTINE MEASURES
Article 60. Objectives and
principles of technical and quarantine measures
1. The imposition of technical and quarantine
measures aims to ensure the quality of products and the safety of human health;
protect animals, plants, ecological environment and biodiversity; prevent
epidemics and ensure the national security and interests.
2. The imposition of technical and quarantine
measures shall comply with the following principles:
a) The imposition shall be transparent, not discriminate
and avoid creating unnecessary barriers to foreign trade activities, especially
to exports;
b) Measures for risk management shall be imposed
within the allowable conditions and in accordance with the management
requirements and international treaties to which the Socialist Republic of
Vietnam is a signatory.
c) The imposition shall ensure other principles in
accordance with regulations of law on the quality of products, products,
technical standards and regulations, food safety, measurements, phytosanitary
measures and plant protection, veterinary medicine and prevention of
infections.
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1. Exports and
imports shall have their applied standards published and be labeled in accordance
with regulations of law.
2. Imports that are
included in the list of goods and products and can cause the unsafely shall be
managed in accordance with corresponding technical standards and other
management measures as prescribed in regulations of law on the quality of
products, products and technical standards and regulations.
3. Imports that are
processed or pre-packaged food, food additives, food processing aids, tools and
materials for packaging and containing food that have obtained technical regulations
shall comply with regulations in Clause 2 of this Article.
4. Imports that are foods, food additives, food processing aids or tools and materials for
packaging food that have not obtained technical regulations shall be published
in accordance with regulations on food safety and have the publishing
registered with the competent authority in accordance with regulations on food
safety.
5. Exports and imports that are functional food,
micronutrient-enhancing food, genetically modified food or irradiated food
shall obtain the certificates of free sale or health certificates in accordance
with regulations of law.
6. Imports that are means of measurement used for
quantifying products and services in purchase, sale, payment, assurance of
safety, protection of public health, environmental protection, inspection,
judicial expertise and other official activities shall be controlled when being
imported in accordance with regulations of law on measurement.
7. Procedures for the imposition of technical
measures on exports and imports shall comply with regulations of law on the
quality of products and products, technical standards and regulations, food
safety and measurement.
Article 62. The imposition of
sanitary measures on animals and animal products
1. Animals or animal products that shall be
subject to sanitary measures before they are exported, imported, temporarily
imported, re-exported, temporarily exported, re-imported, transferred from a
border checkpoint to another one, sent to the bonded warehouses or transited
through the territory of Vietnam shall be quarantined in accordance with
regulations of law on animal health.
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Article 63. The imposition of
phytosanitary measures
1. Products subject to phytosanitary measures
before being exported, imported, temporarily imported, re-exported, temporarily
exported, re-imported, transferred from a border checkpoint to another one,
sent to the bonded warehouses or transited through the territory of Vietnam
shall be carried out the phytosanitary measures in accordance with regulations
of law on plant protection and phytosanitary measures.
2. Plant varieties which are not included in the
list of plant varieties that may be produced and traded in Vietnam or useful
organisms used for plant protection in Vietnam shall be quarantined at the
isolation zones after being imported.
3. Contents and procedures for the imposition of
phytosanitary measures on products that are exported, imported, temporarily
imported, re-exported, temporarily exported, re-imported, transferred from a
border checkpoint to another one, sent to bonded warehouses or transited
through the territory of Vietnam shall comply with regulations of plant
protection and phytosanitary measures.
Article 64. The imposition of
the measure of border health quarantine
1. Products subject to the border health quarantine
before being exported, imported or transited through the territory of Vietnam
shall be quarantined in accordance with regulations of law on prevention and
control of infections.
2. Procedures for border health quarantine shall
comply with regulations of law on prevention and control of infections.
Section 2. INSPECTION OF EXPORTS
AND imports
Article 65. Exports and
imports subject to the inspection
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a) Products that are subject to technical and
quarantine measures prescribed in Articles 61, 62, 63 and 64 of this Law.
b) Products that can pose risks of unsafe situation
or cause the unsafe situation according to the information warned by
international, regional or foreign organizations;
c) Unconformable products which are discovered by
the competent authority and shall be inspected in accordance with regulations
of law.
2. Products prescribed in Clause 1 of this Article
shall be inspected according to the principles prescribed in Clause 2 of
Article 60 and the inspection is carried out by authorities and organizations
that are appointed by the competent authorities.
3. Ministers and the Heads of ministerial
authorities, within their duties and power, shall make a list of products that
shall be inspected as prescribed in Clause 1 of this Article.
Article 66. Inspecting authorities
and organizations
1. Ministries, ministerial authorities and People’s
Committees of provinces shall carry out the inspection within their assigned
domains and areas in accordance with regulations of law.
2. Ministries, ministerial authorities and People’s
Committees of provinces prescribed in Clause 1 of this Article shall publish
names and addresses of specialized inspecting authorities and organizations
related to the domains and areas under their management.
3. Procedures for the inspection shall be published
transparently by the inspecting authorities and organizations.
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TRADE REMEDIES
Section 1. GENERAL PROVISIONS
Article 67. Trade remedies
1. Trade remedies include anti-dumping measure,
countervailing measure and safeguard measure that are imposed on imports of
Vietnam by the Minister of Industry and Trade in each specific case.
2. The Government shall provide detailed
regulations on determining the injury to domestic industry; taking action
against evasion of trade remedies; bases for the conduction, procedures, time
limit, contents and bases for the termination of trade remedy investigation
(hereinafter referred to as “investigation”); the imposition and review of
trade remedies; determining subsidies and countervailing measures; the
responsibility for cooperating of relevant authorities during the
investigation and dealing with the trade remedies imposed on the Vietnamese
exports.
3. The Minister of Industry and Trade shall provide
detailed regulations on interested parties of investigated cases, the provision
of information, documents and information security; language used during the
investigation; the management of imports subject to the investigation, trade
remedies and the exemption from trade remedies.
Article 68. Principles for the
imposition of trade remedies
1. The trade remedies shall only be imposed within
the reasonable scope and level for a certain period of time to protect domestic
industry, prevent or limit the injury to it.
2. The trade remedies shall only be imposed after
the investigation is carried out transparently and fairly in accordance with
regulations of law and based on determinations of the investigation.
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4. 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.
5. 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.
6. 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.
Article 69. Injury to domestic
industry
1. Domestic industry 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. If a domestic producer directly import a
product under consideration or related to exporters or importers of product
under consideration, this producer will not be considered as a domestic
producer.
“like product” refers to a product alike in
all aspects to the product under consideration, or, in the absence of such a
product, another product which, though not alike in all respects, have
characteristics closely resembling those of the product under consideration.
2. The injury to domestic industry shall be
determined as follows:
a) Material injury to domestic industry means a
material impairment in or the inhibition of the growth of production and
business activities of domestic industry;
b) Threat of material injury to domestic industry
means a situation in which the material injury to domestic industry is clearly
imminent.
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d) Serious injury means a significant overall
impairment in the position of a domestic industry;
dd) Threat of serious injury to domestic industry
means a situation in which the serious injury to domestic industry is clearly
imminent.
Article 70. Procedures for
trade remedy investigations
1. An organizations or individual representing a
domestic industry may submit a request for applying the trade remedy if it is
found that the domestic industry is injured caused by dumping on imports,
import subsidies or a surge in imports.
2. Within 45 days from the day on which the valid
application is notified, the Minister of Industry and Trade shall decide
whether the investigation is conducted according to the authority investigating
trade remedies (hereinafter referred to as “investigating authority”). In some
special cases, the time limit for the issuance of decision may receive a
possible extension up to 30 days.
3. The time limit for the investigation is
specified as follows:
a) Anti-dumping and countervailing investigations
shall be completed in 12 months from the day on which the decision on
investigation is issued. In some special cases, the Minister of Industry and
Trade may extent the time limit for investigation but the total time limit
shall be 18 months;
b) The safeguard investigation shall be completed
in 09 months from the day on which the decision on investigation is issued. In
some special cases, the Minister of Industry and Trade may extent the time
limit for investigation but the total time limit shall be 12 months;
4. The consultation during the investigation shall
be carried out as follows:
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b) The inspecting authority shall give an
opportunity to interested parties for the consultation in case of the written
request as prescribed in Point a of this Clause;
c) Before the final determination of investigation
is disclosed, the investigating authority can organize the public consultation
in manner that interested parties can present information and opinions related
to the case.
5. The responsibility for the notification is
specified as follows:
a) Within 15 days from the day on which the
Minister of Industry and Trade issues the decision on anti-dumping or
countervailing investigation, the investigating authority shall notify the
Governments of the countries of relevant producers and exporters and other
interested parties of the investigation;
b) The investigating authority shall give a public
notice of the preliminary determination and final determination of the
investigation, the acceptance of price undertakings and the termination of the
investigation to interested parties.
c) The investigating authority shall fulfill other
notification obligations according to regulations of international treaties to
which the Socialist Republic of Vietnam is a signatory;
Article 71. Termination of
trade remedy investigations
The Minister of Industry and Trade shall decide to
terminate the investigation in the following cases:
1. The applicant voluntarily withdraws the
application;
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3. The final determination of the investigating
authority obtains one of the following contents:
a) The product under consideration imported to
Vietnam is not dumped, subsidized or imported excessively;
b) There is no injury to the domestic industry
prescribed in Clause 2 of Article 69 of this Law;
c) There is no objective evidence of the existence
of a causal link between the dumping on imports, import subsidies and the surge
of imports and the injury or threat of injury to domestic industry or the
material retardation of the establishment of the domestic industry;
4. The investigating authority reaches an agreement
with the competent authority of the country which is accused of granting
subsidies to its products imported to Vietnam on removing the abovementioned
subsidies.
Article 72. Prevention of the
evasion of trade remedies
1. Evasion of trade remedies means actions aiming
to evade partial or total obligations to enforce the valid trade remedy imposed
on products subject to these measures when being imported to Vietnam.
2. The trade remedy being imposed will be expanded
if the investigating authority discovers the evasion of trade remedy.
3. The investigating authority can carry out the
investigation into the evasion of trade remedy at the requests of
representatives of domestic industry or the information which is collected by
the investigating authority.
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Article 73. Investigating
authorities
1. The investigating authority is established by
the Government and affiliated to the Ministry of Industry and Trade.
2. The investigating authority shall have the
following responsibilities and powers:
a) Receive applications for trade remedy
investigation from applicants and notify them of necessary addition to their
applications;
b) Request the Minister of Industry and Trade to
decide whether the trade remedy investigation is conducted;
c) Conduct the trade remedy investigation and the
investigation into the evasion of trade remedy;
d) Request the Minister of Industry and Trade to
decide to impose the trade remedies; impose the prevention of evasion of trade
remedies and change the trade remedies according to determinations of the
investigation and review;
dd) Conduct the review of trade remedies;
e) Request the Minister of Industry and Trade to
terminate the investigation or withdraw the trade remedies;
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g) Take charge of dealing with bilateral or multilateral
disputes related to the trade remedy investigation into the imports of Vietnam
and Vietnamese exports that are under the trade remedy investigation of the
foreign country;
i) Take charge of formulating measures and
negotiate the compensation in the case of trade remedy investigation into the
imports of Vietnam;
k) Inspect the implementation of trade remedies of
organizations and individuals related to the investigation and imposition of
trade remedies;
l) Other duties and powers in accordance with
regulations of law.
3. The head of the investigating authority who is
appointed and dismissed by the Minister of Industry and Trade shall organize
and direct the investigating authority to fulfill the duties and exercise the
powers prescribed in Clause 2 of this Article.
4. The Minister of Industry and Trade shall provide
detailed regulations on the responsibilities, power and organizational
structure of the investigating authority.
Article 74. Interested parties
in investigation
1. Interested parties include:
a) Overseas organizations and individuals that
produce and export products under consideration to Vietnam;
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c) Foreign associations whose majority of members
are organizations and individuals producing and exporting products under
consideration;
d) The Government and competent authorities of the
exporting country of product under consideration;
dd) Organizations and individuals that submit the
application for the trade remedies;
e) Domestic producers of like products;
g) Domestic associations whose majority of members
are producers of like products;
h) Other organizations and individuals that obtain
legal rights and interests related to the investigated cases or facilitate the
investigation or representative organizations of protection of customer rights.
2. An organization or individual shall register and
be approved by the investigating authority to become an interested party.
3. An interested party may use the information
provided by the other interested parties, except for the information and
documents prescribed in Clause 2 Article 75 of this Law.
Article 75. Provision and
collection of information and documents and the security during the trade
remedy investigation
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2. During the investigation, the investigating
authority and subjects that are entitled to use information and documents
related to the case shall ensure the information security at the request of
providers of information and documents.
3. The investigating authority may offer the
assessment or verify the information and documents provided by interested
parties or collect more necessary information and documents to deal with the
trade remedy case. The investigating authority may conduct the site
investigation including overseas investigation.
4. If the investigated subject prevent the
investigating authority from accessing to information or refuse to provide information
and documents that are important for the investigation, the investigating
authority may use the information and documents provided by the interested
parties, those collected by the investigating authority or existing information
and documents to lead to the conclusion.
Article 76. Dealing with cases
in which the Vietnamese exports are subject to trade remedy investigation
1. If a Vietnamese trader is subject to trade
remedy investigation, at the request of the relevant association or trader, the
Ministry of Industry and Trade will take charge and cooperate with Ministries,
ministerial authorities and competent authorities in the provision of the
following assistance for the trader within its duties and powers:
a) Provide the information related to the case;
b) Negotiate with the import country that is
conducting the trade remedy investigation into Vietnamese exports;
c) Sue the import country for the violations of
relevant international treaties to which the Socialist Republic of Vietnam is a
signatory if any;
d) Provide other aids in accordance with
regulations of law.
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3. If a Vietnamese trader is subject to safeguard
investigation of the import country, the Ministry of Industry and Trade will
take charge and cooperate with relevant Ministries, ministerial and
organizations and individuals in formulating the measure for requesting the
compensation and taking retaliatory actions in accordance with regulations of
international treaties to which the Socialist Republic of Vietnam is a
signatory.
Section 2. ANTI-DUMPING
MEASURES IMPOSED ON imports OF VIETNAM
Article 77. Anti-dumping
measures
1. Anti-dumping measure imposed on imports of
Vietnam (hereinafter referred to as “anti-dumping measure”) 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.
2. A product that is determined as dumped if price
of this product imported to Vietnam is less than the comparable price of its
like products sold in the exporting country or third country under the common
commercial conditions or the price that is self-calculated by the investigating
authority.
3. Anti-dumping measures include:
a) Imposition of anti-dumping duty;
b) Undertakings to implement measures for removing
the dumping carried out by organizations and individuals producing and
exporting products subject to the anti-dumping measures with the investigating
authority of Vietnam or domestic producers in case of the approval of the
investigating authority.
Article 78. Conditions for the
application of anti-dumping measures
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a) Imports of Vietnam are dumped with specific
dumping margins, except for the case prescribed in Clause 2 of this Law;
b) There is material injury or threat of material
injury to the domestic industry or material retardation of establishment of the
domestic industry;
c) There is the existence of a causal link between
the dumping on imports and injury to the domestic industry prescribed in Point
b of this Clause.
2. The anti-dumping measure shall not be imposed on
a product whose dumping margin is not more than 2 % of its export price.
3. If the production of imports that originate in a
country accounts for not more than 3% of the total production of their imports
of like products to Vietnam and the total production of products that originate
in countries satisfying the abovementioned conditions accounts for 7% or less
of the total production of their imports of like products to Vietnam, these
countries will be exempt from anti-dumping measures.
Article 79. Bases for
conducting anti-dumping investigations
1. The anti-dumping investigation will be conducted
if an organizations or individual representing the domestic industry submit an
application for the anti-dumping measures.
2. The application shall be considered to have been
made on behalf of the domestic industry if the following conditions are
satisfied:
a) The total production of like products produced
by the applicant(s) and domestic producers supporting the application is
greater than those produced by domestic producers that object to the
application;
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3. The Minister of Industry and Trade shall decide
the investigation if there is obvious evidence that the import of dumped
products causes the material injury or threat of material injury to the
domestic industry or retard the establishment of the domestic industry;
Article 80. Contents of an
anti-dumping investigation
1. Determine dumped products imported to Vietnam
and the dumping margin, including:
a) Determine the comparable price;
b) Determine the prices of exports;
c) Make an equal comparison between the comparable
price and the export price and determine the specific dumping margin of product
under consideration for each organization or individual producing and exporting
the products under consideration (hereinafter referred to as "producer and
exporter).
2. Determine the material injury or threat of
material injury to the domestic industry or the material retardation of
establishment of the domestic industry;
3. Determine the causal link between the import of
dumped products and the material injury or threat of material injury to the
domestic industry or the material retardation of establishment of the domestic
industry.
4. Determine impacts of anti-dumping measures on
the economy and society.
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1. The imposition of provisional anti-dumping duty
is decided by the Minister of Industry and Trade according to the preliminary
determination provided by the investigating authority. The rate of provisional
anti-dumping duty shall not exceed the dumping margin defined in the
preliminary determination.
The provisional anti-dumping duty shall be imposed
within 120 days from the days on which the decision on imposition of
anti-dumping duty comes into force. In case of the request of an exporter of
like products exported to Vietnam, the Minister of Industry and Trade will give
an extension of provisional anti-dumping duty up to 60 days.
2. The price undertaking measure shall be imposed
as follows:
a) After the preliminary determination is reached
and before the investigation finishes, the producer and exporter of products
under consideration can make an price undertaking with the investigating
authority on voluntary adjustments to the sale price or voluntary restriction
of the production of products under consideration exported to Vietnam;
b) The investigating authority can accept or refuse
the price undertaking or request the adjustments to contents of the price
undertaking based on opinions of the representative of the domestic industry.
3. The anti-dumping duty shall be imposed as
follows:
a) If the price undertaking prescribed in Clause 2
of this Clause is not made, after the investigation finishes, the investigating
authority will publish the final determination related to the contents of the
investigation prescribed in Article 80 of this Law. The final determination
provided by the investigating authority and main bases thereof shall be
notified to relevant parties of the case via appropriate measures.
b) According to the final determination of the
investigating authority, the Minister of Industry and Trade shall decide
whether the anti-dumping duty is imposed;
c) The rate of the anti-dumping duty shall not
exceed the dumping margin defined in the final determination;
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4. The retroactivity of the anti-dumping duty shall
be specified as follows:
a) If the final determination of the investigating
authority show that there is material injury or threat of material injury to
the domestic industry, the Minister of Industry and Trade will make a decision
on the retroactive imposition of the anti-dumping duty;
b) The anti-dumping duty will be imposed
retroactively on imports within 90 days before the provisional anti-dumping
duty is imposed if the imports are determined to be dumped and the volume or
quantity of dumped products imported to Vietnam rise sharply in the period from
the date of the investigation to the date of imposition of provisional
anti-dumping duties causing the injury which is difficult to be repaired to the
domestic industry.
Article 82. Review of the
imposition of anti-dumping measures
1. The review upon the request of interested
parties shall be carried out as follows:
a) After 1 year from the day on which the decision
on imposition of anti-dumping measures is issued, the Minister of Industry and
Trade may decide to review anti-dumping measures at the request of one or
multiple interested parties and evidence provided by them;
b) Procedures for the review shall not obstruct the
imposition of anti-dumping measures in force;
c) The time limit for the review is 06 months from
the day on which the decision on review is issued, with a possible extension up
to 3 months if necessary.
2. The final review shall be carried out as
follows:
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b) The review aims to determine the
necessity, reasonableness and socio-economic impacts of the continuity of
imposition of anti-dumping measures;
c) According to the result of review provided by
the investigating authority, the Minister of Industry and Trade shall decide
whether to grant an extension of anti-dumping measures;
d) The time limit for the final review is 09 months
from the day on which the decision on review is issued, with a possible
extension up to 03 months if necessary.
3. The review applied to a foreign producer or
exporter that do not export the products under consideration to Vietnam in the
beginning of investigation but subsequently export such products to Vietnam
(hereinafter referred to as “new exporter”) shall be carried out as follows:
a) The new exporter may submit an application to
the investigating authority to request for the review and determination of the
particular rate of the anti-dumping duty;
b) According to results of the review given by the
investigating authority, the Minister of Industry and Trade shall decide to
impose the particular rate of anti-dumping duty on the new exporter under
review;
c) The time limit for the review applied to new
exporters is 03 months from the day on which the decision on review is issued,
with a possible extension up to 03 months if necessary.
4. The review of the scope of products subject to
anti-dumping measures shall be carried out as follows:
Interested parties can request the investigating
authority to review the scope of products subject to anti-dumping measures;
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c) According to the determination of the review
given by the investigating authority, the Minister of Industry and Trade shall
decide the adjustments to the scope of products that are subject to the
anti-dumping measures;
c) The time limit for the review of products
subject to the anti-dumping measure is 06 months from the day on which the
decision on review is issued, with a possible extension up to 03 months if
necessary.
Section 3. COUNTERVAILING
MEASURES IMPOSED ON IMPORTS OF VIETNAM
Article 83. Countervailing
measures
1. Countervailing measure imposed on imports of
Vietnam (hereinafter referred to as “countervailing measure”) 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.
2. Countervailing measures include:
a) The imposition of countervailing duties
b) The undertakings between the producer or
exporter or the Government thereof and the competent authority of Vietnam on
the voluntary removal or reduction of subsidies or price undertakings;
c) Other countervailing measures.
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Subsidy is a financial contribution by a government
or any public body within the territory of a country whose products are
imported to Vietnam via the following forms to benefit organizations and
individuals receiving such subsidies:
1. A government practice involves a direct transfer
of funds, potential direct transfers of funds or liabilities;
2. The government revenue that is otherwise due is
foregone or not collected;
3. A government provides products or services other
than general infrastructure, or purchases products;
4. A government buys products or services with the
price higher than the market price;
5. A government sells products or services with the
price lower than the market price;
6. A government makes payments to a funding
mechanism, or entrusts or directs a private body to carry out one or multiple
types of functions illustrated in Clauses 1, 2, 3, 4 and 5 of this Article
which would normally be vested in the government and the practice, in no real
sense, differs from practices normally followed by governments;
7. Any form of income or price support;
8. Any form of subsidies that is not mentioned in
Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article shall be determined according to
the principle of fairness and reasonableness and not against international
treaties to which the Socialist Republic of Vietnam is a signatory;
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The following subsidies shall be subject to the
countervailing measure, unless other regulations specified in international
treaties to which the Socialist Republic of Vietnam is a signatory.
1. Subsidies upon the export performance;
2. Subsidies upon the use of domestic over imported
products;
3. Subsidies prescribed in Article 84 of this Law
which cause nullification or impairment of benefits accruing directly or
indirectly to Vietnam in accordance with regulations of international treaties
to which the Socialist Republic of Vietnam is a signatory.
Article 86. Conditions for the
imposition of countervailing measures
1. A countervailing measure will be imposed on
imports if all following conditions are satisfied:
a) Products are subsidized as prescribed in
Articles 84 and 85 of this Law and the rate of subsidy is specific, except for
the cases prescribed in Clause 2 of this Article;
b) There is material injury or threat of material
injury to the domestic industry or the material retardation of establishment of
the domestic industry;
c) There is the existence of a causal link between
the import of subsidized products prescribed in Point a of this Clause and the
injury to the domestic industry prescribed in Point b of this Clause.
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3. If the production of imports originating in a
developing country accounts for not more than 4% of total imports of like
products to Vietnam and the total production of imports originating in
developing countries and satisfying the abovementioned conditions accounts for
not more than 9% of the total imports of like products to Vietnam, these
countries will be exempt from the countervailing measures.
Article 87. Bases for
conducting countervailing duty investigations
1. A countervailing duty investigation will be
conducted if a representative of the domestic industry requests for the
imposition of countervailing measures.
2. The application for the countervailing measures
shall be considered to have been made on behalf of the domestic industry if the
following conditions are satisfied:
a) The total production of like products produced
by the applicant(s) and domestic producers supporting the application is
greater than those produced by domestic producers that object to the
application;
b) The total production of like products produced
by the applicant(s) and domestic producers supporting the application accounts
for at least 25% of total production of like products produced by the domestic
industry.
3. The Minister of Industry and Trade shall decide
the investigation if there is obvious evidence that the import of subsidized
products causes the material injury or threat of material injury to the
domestic industry or retards the establishment of the domestic industry.
Article 88. Contents of a
countervailing duty investigation
1. Determine subsidized products imported to
Vietnam and the rate of subsidization, including:
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b) Determine the export price;
c) Determine the specific rate of subsidization
imposed on each foreign producer or exporter.
2. Determine the material injury or threat of
material injury to the domestic industry or the material retardation of
establishment of the domestic industry, including:
a) Determine the production of subsidized imports
and impacts on prices of like products in the domestic market;
b) Determine impacts of subsidized imports on the
domestic industry.
3. Determine the causal link between the import of
subsidized products and the material injury or threat of material injury to the
domestic industry or the material retardation of establishment of the domestic
industry.
4. Determine impacts of countervailing duties on
the economy and society.
Article 89. Imposition of
countervailing measures
1. The imposition of provisional countervailing
duty is decided by the Minister of Industry and Trade according to the
preliminary determination provided by the investigating authority. The rate of
provisional countervailing duty shall not exceed the rate of subsidization
defined in the preliminary determination.
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2. The undertakings measure shall be imposed as
follows:
a) After the preliminary determination is reached
and before the investigation finishes, the producer or exporter of products
under consideration or the Government subsidizing products can make an
undertaking with the investigating authority on voluntary removal of subsidy,
reduction of the rate of subsidization, adjustments to the prices of exports or
imposition of other appropriate measures;
b) The investigating authority can accept, refuse
the undertaking or request the adjustments to contents of the undertaking based
on opinions of the representative of the domestic industry.
3. The countervailing duty shall be imposed as
follows:
a) If the undertaking prescribed in Clause 2 of
this Clause is not made, after the investigation finishes, the investigating
authority will publish the final determination related to the contents of the
investigation prescribed in Article 88 of this Law. The final determination of
the investigating authority and main bases thereof shall be notified to
interested parties via appropriate measures.
b) According to the final determination provided by
the investigating authority, the Minister of Industry and Trade shall decide
whether the countervailing duty is imposed;
c) The rate of countervailing duty shall not exceed
the rate of subsidization defined in the final determination;
d) The maximum duration of countervailing duty is
05 years from the day on which the decision on imposition of countervailing
duty comes into force, unless it is extended as prescribed in Clause 2 Article
90 of this Law.
4. Retroactivity of the countervailing duties
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b) Countervailing duties will be imposed
retroactively on imports within 90 days prior to the date of imposition of
provisional countervailing duties if the imports are determined to be
subsidized and the volume or quantity of subsidized products imported to
Vietnam rise sharply in the period from the date of the investigation to the
date of imposition of provisional countervailing duties causing the injury
which is difficult to be repaired to the domestic industry
5. Other countervailing measures shall be imposed
in accordance with international treaties to which the Socialist Republic of
Vietnam is a signatory or principles of international law.
Article 90. Review of
countervailing measures
1. The review of countervailing measures at the
request of an interested party shall be carried out as follows:
a) After 1 year from the day on which the decision
on imposition of countervailing measures, the Minister of Industry and Trade
may decide to review anti-dumping measures at the request of one or multiple
interested parties of the case and evidence provide by them;
b) Procedures for the review shall not obstruct the
imposition of countervailing measures;
c) The time limit for the review prescribed in this
Clause is 6 months from the day on which the decision on review is issued, with
a possible extension up to 3 months if necessary.
2. The final review shall be carried out as
follows:
a) Within 1 year before the expiry date of
anti-dumping measures, the Minister of Industry and Trade shall decide to carry
out the final review of the imposition countervailing measures;
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c) According to results of review provided by the
investigating authority, the Minister of Industry and Trade shall decide
whether to grant extension of countervailing measures;
d) The time limit for the final review is 9 months
from the day on which the decision on review is issued, with a possible
extension up to 3 months if necessary.
3. The review applied to new exporters shall be
carried out as follows:
a) A new exporter may submit an application to the
investigating authority to request the review and determination of particular
rate of countervailing duty;
b) According to results of the review provided by
the investigating authority, the Minister of Industry and Trade shall decide to
impose a particular rate of countervailing duty on the new exporter under
review;
c) The time limit for the review applied to the new
exporter is 3 months from the day on which the decision on review is issued,
with a possible extension up to 3 months if necessary.
4. The review of the scope of products subject to
countervailing measures shall be carried out as follows:
a) Interested parties can request the investigating
authority to review the scope of products subject to countervailing measures;
b) An application for the review shall include
evidence and information proving that the imposition of countervailing measures
on the entire products is not reasonable;
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d) The time limit for the review of the scope of
products subject to countervailing measures is 6 months from the day on which
the decision on review is issued, with a possible extension up to 3 months if
necessary.
5. The review due to the change in situation shall
be carried out as follows:
a) At any time after the official countervailing
duty comes into force, if one or multiple interested parties finds that the new
situation causes the significant change in the rate of subsidization of
products subject to official countervailing measures, which leads to the
removal of subsidies, material injury or threat of material injury to the
domestic industry or the material retardation of establishment of the domestic
industry or leads to the immaterial rate of subsidization, these interested
parties may request the investigating authority to carry out the review due to
changes in situation;
b) An application for the review shall include
evidence and information proving that the imposition of countervailing measures
is no longer reasonable due to the change in situation;
c) According to the determination of review
provided by the investigating authority, the Minister of Industry and Trade
shall decide to adjust or withdraw countervailing measures;
d) The time limit for the review due to changes in
situation is 9 months from the day on which the decision on review is issued,
with a possible extension up to 3 months if necessary.
Section 4. SAFEGUARDS IMPOSED
ON FOREIGN PRODUCTS IMPORTED TO VIETNAM
Article 91. Safeguard measures
1. Safeguard measure imposed on foreign products
imported to Vietnam (hereinafter referred to as “safeguard measure”) 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.
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a) Imposition of safeguard duties;
b) Imposition of import quotas;
c) Imposition of tariff-rate quotas;
d) Issuance of import license;
dd) Other safeguard measures.
Article 92. Conditions for the
imposition of safeguard measures
1. A safeguard measure will be imposed on imports
if all following conditions are satisfied:
a) There is an absolute increase or a relative
increase in imports compared with domestic production of like products;
b) There is a serious injury or threat of serious
injury to the domestic industry;
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2. If the production of imports originating in a
developing country accounts for not more than 3% of total imports of like
products to Vietnam and the total production of products originating in
developing countries and satisfying the abovementioned conditions accounts for
than 9% of the total production of imports of like products to Vietnam, these
countries will be exempt from the safeguard measures.
Article 93. Bases for
conducting safeguard investigations
1. The safeguard investigation will be conducted if
a domestic producer of like or directly competitive products (“directly
competitive products” mean products that are able to be substituted for
products subject to the safeguard measures by the buyer due to their advantages
and use purposes) submits an application for the imposition of safeguard
measures.
2. The application shall prove that the excessive
import of products to Vietnam causes the serious injury or threat of serious
injury to the domestic industry.
3. The Minister of Industry and Trade shall decide
the investigation if there is clear evidence that the excessive import of
products to Vietnam causes the serious injury or threat of serious injury to
the domestic industry.
Article 94. Contents of a
safeguard investigation
1. Determine the products that are imported
excessively to Vietnam and the rate of the increase in imports.
2. Determine the serious injury or threat of
serious injury to the domestic industry.
3. Determine the causal link between the excessive
import of products prescribed in Clause 1 of this Article and the injury to the
domestic industry prescribed in Clause 2 of this Article.
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1. The imposition of provisional safeguard measures
shall be decided by the Minister of Industry and Trade according to the
preliminary determination provided by the investigating authority if the delay
in imposing safeguard measures causes the serious injury or threat of serious
injury which is difficult to be repaired to the domestic industry.
The maximum duration of safeguard measure is 200
days from the day on which the decision on the imposition of safeguard measure
comes into force.
2. An official safeguard measure shall be imposed
as follows:
a) After the investigation finishes, the
investigating authority shall publish the final determinations of contents
related to the investigation prescribed in Article 94 of this Law. The final
determination of the investigating authority and main bases thereof shall be
notified to interested parties of the case via appropriate measures;
b) According to the final determination provided by
the investigating authority, the Minister of Industry and Trade shall decide
whether the official safeguard measure is imposed;
c) The maximum duration of safeguard measure
including the duration of provisional safeguard measure is 04 years unless this
duration is extended as prescribed in Clause 2 Article 96 of this Article;
d) The total duration of the safeguard measure
including the duration of the provisional measure, the official measure and
extension thereof shall not exceed 10 years.
Article 96. Review of
safeguard measures
1. The mid-term review shall be carried out as
follows:
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b) According to results of the review provided by
the investigating authority, the Minister of Industry and Trade shall make a
decision on maintenance, withdrawal or increase of the pace of liberalization
of the safeguard measure;
c) The time limit for the mid-term review is 6
months from the day on which the decision on review is issued, with a possible
extension up to 3 months if necessary.
2. The final review shall be carried out as
follows:
a) Before the duration of a safeguard measure
expires, domestic producers of like or directly competitive products that wish
to extent the duration of the safeguard measure shall submit an application for
the extension of the safeguard measure. An application for the extension
of the safeguard measure shall obtain the evidence showing that the domestic
industry has made necessary adjustments to raise its competitive capability and
the withdrawal of the safeguard measure will cause the serious injury or threat
of serious injury to the domestic industry;
b) The investigating authority can base on the
request for the extension of the safeguard measure prescribed in Point a of
this Clause or conduct a final review of the imposition of the measure;
c) According to results of the review provided by
the investigating authority, the Minister of Industry and Trade shall make a
decision on the withdrawal or extension of the safeguard measure;
d) The level of the safeguard measure in the
extension thereof shall not be higher than those of the original safeguard
measure immediately preceding the expiry date;
dd) The time limit for the final review is 06
months from the day on which the decision on review is issued, with a possible
extension up to 06 months if necessary.
3. The review of the scope of products subject to a
safeguard measure shall be carried out as follows:
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b) An application for the review shall include
evidence and information proving that the imposition of the safeguard measure
on the entire products is not reasonable;
c) According to the determinations of review
provided by the investigating authority, the Minister of Industry and Trade
shall decide to make adjustments to the scope of products subject to the
safeguard measure;
d) The time limit for the review of products
subject to the safeguard measure is 6 months from the day on which the decision
on review is issued, with a possible extension up to 3 months if necessary.
Article 97. Reapplication of
safeguard measures
1. A safeguard measure that has been imposed on a
type of products can be imposed again on these products. To be specific:
a) If the safeguard measure has been imposed for
more than 04 years, including the extension thereof (if any), it will be only
imposed again after a period of time equal to at least a half of duration of
the original safeguard measure;
b) If the safeguard measure has been imposed from
more than 180 days to less than 04 years, including the extension thereof (if
any), it will be only imposed again after 02 years from the expiry date of the
original safeguard measure;
c) If a new safeguard measure has a duration of 180
days or less, it may be applied so long as at least one year has elapsed since
the date of introduction of the original safeguard measure and so long as such
a safeguard measure has not been imposed on the same product more than twice in
the five-year period before the day on which the reapplication of the safeguard
measure comes into force.
2. Procedures for an investigation into the reapplication
of a safeguard measure shall be the same as those for a safeguard
investigation.
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1. The compensation and compensation level for the
imposition of a safeguard measure shall comply with regulations of Vietnam law
and international treaties to which the Socialist Republic of Vietnam is a
signatory.
2. The compensation and compensation level shall be
determined according to results of the consultation of interested parties.
3. The Ministry of Industry and Trade shall take
charge and cooperate with relevant Ministries and ministerial authorities in
formulation a plan for the compensation and submit it to the Prime Minister for
the approval before consulting victims of the imposition of the safeguard
measure.
Article 99. Special safeguards
1. Special safeguard is a safeguard measure that is
imposed by the Minister of Industry and Trade in the cases where the imports of
Vietnam grow excessively as a result of the reduction of tax according to the
regulations of international treaties to which the Socialist Republic of
Vietnam is a signatory.
2. The special safeguard shall only be imposed on
products that originate in specific countries in accordance with international
treaties to which the Socialist Republic of Vietnam is a signatory.
3. The special safeguard investigation shall comply
with international treaties to which the Socialist Republic of Vietnam is a
signatory.
Chapter V
URGENT CONTROL IN
FOREIGN TRADE ACTIVITES
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1. Products come from countries, territories,
geographic areas which are in war, engage in wars or conflicts or are at risk
of armed conflicts, which directly or indirectly affects the security and
interests of Vietnam.
2. Products come from countries, territories or
geographic areas affected by natural disaster, epidemics or environmental
incidents which are publicly disclosed or proved to cause serious threats to
the health of consumers of such products by the competent authority of Vietnam.
3. Products come from countries, territories or
geographic areas and obtain technical incidents, shortcoming and errors which
are publicly disclosed or proved to produce direct and serious effects on the
health of consumers of such products by the competent authority of Vietnam.
4. Products come from countries, territories or
geographic areas and cause serious effects on the environment, ecological
environment and biodiversity of Vietnam and the competent authority of Vietnam
have public information or scientific basis to prove these effects.
5. The balance of payment is imbalanced
6. Other especially serious cases prescribed by
law.
Article 101. Principles of
urgent control measures
1. The urgent control measure shall only be imposed
in the cases prescribed in Article 100 of this Law.
2. The competent authority shall decide the
imposition of administrative measures in accordance with regulations in Chapter
II of this Law.
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4. The urgent control measure shall be removed if
the cases prescribed in Article 100 of this Law no longer exist or through a
negotiation.
Article 102. Consultation in
case of urgent control measures
1. Before and after the urgent control measure is
issued or removed, the competent authority imposing such measures shall consult
the commercial partners affected directly by the safeguards measures in
accordance with regulations of international treaties to which the Socialist
Republic of Vietnam is a signatory.
2. Relevant ministers and heads of ministerial
authorities shall provide detailed regulations on the consultation in case of
urgent control measures.
Chapter VI
MEASURES FOR DEVELOPING
FOREIGN TRADE ACTIVITES
Article 103. General policies
on developing foreign trade activities
1. The State shall formulate policies on developing
foreign trade activities via the following measures;
a) Credit activities prescribed by the Government
in accordance with regulations of international treaties to which the Socialist
Republic of Vietnam is a signatory;
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c) Other measures for expanding export and import
markets.
2. All domestic and foreign authorities and traders
may promote the development of foreign trade in accordance with regulations of
law.
3. Measures for developing foreign trade activities
shall be conformable with the orientation of the strategies for socio-economic
development and foreign trade in each period formulated by the Prime Minister.
4. Measures for developing foreign activities shall
be implemented effectively and cooperated with measure for developing
investment and tourism activities.
Article 104. Specific
policies on developing foreign trade activities
1. The State shall formulate the policy on
developing foreign trade activities related to domestic products obtaining the
competitive advantages, technological products and input materials serving the
domestic production.
2. The State shall formulate policies on
encouraging small and medium-sized enterprises and enterprises in mountainous
regions, border regions, islands, remote and isolated regions, ethnic minority
regions and regions whose socio-economic conditions are difficult or especially
difficult to engage in foreign trade activities.
3. The Government shall provide detailed guidance
on this Article.
Article 105. Development of
the foreign trade via trade promotion
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a) Domestic trade promotion authorities and
organizations;
b) Overseas trade promotion organizations;
c) Foreign trade promotion organizations in
Vietnam;
d) Representative missions of Socialist Republic of
Vietnam in foreign countries and trade representatives.
2. Activities for developing foreign trade via
trade promotion include:
a) Formulate and execute national programs and
activities for trade promotion, formulate and develop national trade names of
products and products decided by the Prime Minister to develop the foreign
trade in accordance with conditions for socio-economic development in each
period;
b) Formulate and carry out activities of the market
development, formulation and promotion of trade names of local products and
products carried out by the local government to develop the foreign trade in
accordance with conditions for socio-economic development in each period;
c) Carry out activities of trade connection and
join distribution systems in foreign countries and in Vietnam;
d) Provide assistance in the development and
operation of trade and logistics infrastructure;
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e) Provide the
training to improve the traders’ capacity in trade promotion and market
development;
g) Carry out other
activities in accordance with regulations of law.
3. Associations, socio-professional organizations
and business entities that establish or join overseas trade promotion
organizations shall comply with regulations of Vietnam law and law of relevant
countries.
4. According to the export growth targets decided
by the National Assembly in each period, the competent authority shall provide
funding for activities of trade promotion carried out by authorities,
organizations and individuals in accordance with regulations of law on the state
budget.
5. The Government shall provide detailed guidance
on this Article.
Article 106. Development of
the foreign trade via activities of foreign trade promotion organizations in
Vietnam
1. Trade promotion organizations and organizations
of foreign countries (hereinafter referred to as “foreign trade promotion
organizations) may establish their representative offices in Vietnam to carry
out their activities related to the trade promotion and development of foreign
trade.
2. A foreign trade promotion organization will
establish its representative office in Vietnam if:
a) It is established in accordance with regulations
of foreign law; and
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3. The Government shall provide specific
regulations on the establishment and management of representative offices of
foreign trade promotion organizations in Vietnam.
Article 107. Development of
the foreign trade via activities of trade representatives
1. Trade representatives are organized in areas
that wish to develop foreign trade activities in order to serve the development
of foreign trade activities of the country in accordance with regulations of
law and provide assistance in the protection of economic and commercial
interests of Vietnam and Vietnamese traders in foreign trade activities.
2. The organization and operation of trade
representative shall comply with regulations of law on overseas representative
missions of the Socialist Republic of Vietnam.
Chapter VII
DEALING WITH DISPUTES
RELATED TO THE IMPOSITION OF MEASURES FOR FOREIGN TRADE MANAGEMENT
Article 108. Principles for dealing
with disputes related to the imposition of measures for foreign trade
management
1. Only disputes related to the imposition of
measures for foreign trade management and the relationship between the
Government of Vietnam and foreign government shall be dealt with in accordance
with regulations of international treaties to which the Socialist Republic of
Vietnam is a signatory.
2. Rights and interests of Vietnam shall be
protected promptly and reasonably.
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Article 109. Regulatory
authorities dealing with disputes related to the imposition of measures for
foreign trade management
1. The Government is the regulatory authority
having the power to deal with disputes related to the imposition of measures
for foreign trade management. The Government shall assign Ministries and
ministerial authorities to deal with disputes related to the imposition of
measures for foreign trade management.
2. The Ministry of Industry and Trade shall work as
a focal point to assist the Government in dealing with disputes related to the
imposition of measures for foreign trade management.
Article 110. Procedures for
dealing with disputes sued by foreign governments
1. If a foreign government sues the Government of
Vietnam in accordance with regulations of international treaties to which the
Socialist Republic of Vietnam is a signatory related to measures for foreign
trade management imposed by the State of Vietnam, the Ministry of Industry and
Trade will cooperate with relevant Ministries, ministerial authorities,
authorities and organizations in formulating the plan for dealing with the
dispute and submit it to the Prime Minister for approval.
2. Relevant Ministries, ministerial authorities,
authorities and other organizations shall carry out the assigned duties
according to the approved plan for dealing with the dispute.
3. The Government shall provide specific
regulations on procedures for and the cooperation in dealing with disputes sued
by foreign governments.
Article 111. Procedures for
dealing with disputes sued by the Government of Vietnam
1. If the Government finds that measures for
foreign trade management of a foreign country obtains regulations affecting
rights and interests of Vietnam or base on requests of traders or associations,
the Government will decide to sue for such measures in accordance with
regulations of this Law and international treaties to which the Socialist
Republic of Vietnam is a signatory.
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3. Relevant Ministries, ministerial authorities,
authorities and other organizations shall carry out the assigned duties
according to the approved plan for dealing with the dispute.
4. The Government shall provide specific
regulations on procedures for and the cooperation in dealing with disputes sued
by the Government of Vietnam.
Chapter VIII
IMPLEMENTATION CLAUSES
Article 112. Effect
1. This Law comes into force from January 01, 2018.
2. The following ordinances shall expire from the
day on which this Law comes into force, except for the cases prescribed in
Article 113 of this Law:
a) The ordinance No. 42/2002/PL-UBTVQH10 on
safeguards in the import of foreign products into Vietnam;
b) The ordinance No. 20/2004/PL-UBTVQH11on
anti-dumping of imports into Vietnam
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3. The following regulations shall be annulled:
Clause 3Article 28, Clause 3 Article 29, Clause 3 Article 30, Articles 31, 33,
242, 243, 244, 245, 246 and 247 of Commercial Law No. 36/2005/QH11.
Article 113. Transition
clause
From the day on which this Law comes into force,
cases of safeguards whose documents on complaint and investigation are received
by the competent authority before this Law comes into force shall continue to
be considered and dealt with according to regulations of the ordinance No.
42/2002/PL-UBTVQH10 on safeguards in the import of foreign products into
Vietnam, the ordinance No. 20/2004/PL-UBTVQH11on anti-dumping of imports into
Vietnam and the ordinance No. 22/2004/PL-UBTVQH11on countervailing duties of
imports into Vietnam.
This Law is passed by the 14th
National Assembly of Socialist Republic of Vietnam on June 12, 2017 during the
3rd session.
CHAIRWOMAN OF
NATIONAL ASSEMBLY
Nguyen Thi Kim Ngan