MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
14/2021/TT-BCT
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Hanoi, October
29, 2021
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CIRCULAR
PROVIDING
GUIDELINES FOR IMPLEMENTATION OF THE FREE TRADE AGREEMENT BETWEEN THE SOCIALIST
REPUBLIC OF VIETNAM AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN
IRELAND REGARDING TRADE REMEDIES
Pursuant to the Law on Foreign Trade Management
No. 05/2017/QH14 dated June 12, 2017;
Pursuant to the Government’s Decree No.
98/2017/ND-CP dated August 18, 2017 defining the Functions, Tasks, Powers and
Organizational Structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No.
10/2018/ND-CP dated January 15, 2018 on guidelines for the Law on Foreign Trade
Management regarding trade remedies;
In order to implement the Free Trade Agreement
between the Socialist Republic of Vietnam and the United Kingdom of Great
Britain and Northern Ireland;
At the request of the Director of the Trade
Remedies Authority of Vietnam;
The Minister of Industry and Trade promulgates a
Circular providing guidelines for implementation of the Free Trade Agreement
between the Socialist Republic of Vietnam and the United Kingdom of Great
Britain and Northern Ireland regarding trade remedies.
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GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides guidelines for
investigation and imposition of anti-dumping, countervailing duties and bilateral
safeguard measures for the purposes of implementation of the Free Trade
Agreement between the Socialist Republic of Vietnam and the United Kingdom of
Great Britain and Northern Ireland.
2. Regulations herein shall apply to products
originating in the United Kingdom of Great Britain and Northern Ireland under
the Free Trade Agreement between the Socialist Republic of Vietnam and the
United Kingdom of Great Britain and Northern Ireland.
Article 2. Regulated entities
1. Vietnamese regulatory authorities that have the
jurisdiction to initiate investigations, impose and deal with trade remedies
for implementation of the Free Trade Agreement between the Socialist Republic
of Vietnam and the United Kingdom of Great Britain and Northern Ireland.
2. Domestic and foreign traders, authorities,
organizations and individuals involved in the investigation, imposition and
handling of trade remedies for implementing the Free Trade Agreement between
the Socialist Republic of Vietnam and the United Kingdom of Great Britain and
Northern Ireland.
Article 3. Definitions
For the purposes of this Circular, the terms below
are construed as follows:
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2. “EVFTA Agreement” means the Free Trade Agreement
between the Socialist Republic of Vietnam and the European Union.
3. “bilateral safeguard measure” means a special
safeguard measure that is specified in Article 99 of the Law on Foreign Trade
Management and Article 3.10 Chapter 3 of the EVFTA Agreement, incorporated into
and made part of the UKVFTA Agreement, and applied to products originating in
the United Kingdom of Great Britain and Northern Ireland, qualified for preferential
tariff treatments, and imported to Vietnam, under investigation conditions and
procedures laid down in this Circular.
4. “transition period” means a period commencing on
January 01, 2021 and ending on December 31, 2030.
5. “domestic industry” refers to the producers as a
whole of the like or directly competitive products operating within the
territory of Vietnam or to those of them whose collective output of the
products constitutes a major proportion of the total domestic production of
those products. The major proportion of the total domestic production shall be
determined in accordance with the provisions of Clause 2 Article 4 of the
Decree No. 10/2018/ND-CP.
6. “investigating authority” means the Trade
Remedies Authority of Vietnam affiliated to the Ministry of Industry and Trade.
Chapter II
ANTI-DUMPING AND
COUNTERVAILING MEASURES
Article 4. Consideration of
socio-economic interests
1. The Ministry of Industry and Trade shall decide
not to impose the anti-dumping or countervailing measures where, on the basis
of the information made available during the investigation, the investigating
authority clearly concludes that it is not in socio-economic interests to apply
such measures.
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Article 5. Lesser duty rule
1. An anti-dumping duty or countervailing duty
imposed shall not exceed the margin of dumping or countervailable subsidy.
2. Based on conclusions given by the investigating
authority, the Ministry of Industry and Trade shall consider imposing an amount
of anti-dumping duty or countervailing duty lesser than the margin of dumping
or countervailable subsidy if such lesser duty would be adequate to remove the
injury to the domestic industry.
Chapter III
BILATERAL SAFEGUARD
MEASURES
Article 6. Rules for
application of bilateral safeguard measures
1. At the same time, a bilateral safeguard measure
and a safeguard measure under Article XIX of the General Agreement on Tariffs
and Trade in 1994 (GATT 1994) shall not apply with respect to the same product
qualified for the Most-Favoured-Nation (MFN) tariff rate of customs duty under
the UKVFTA Agreement.
2. A bilateral safeguard measure shall not apply
beyond the transition period, except with the consent of the United Kingdom of
Great Britain and Northern Ireland.
3. The initiation of investigations and imposition
of a bilateral safeguard measure on products imported from the United Kingdom
of Great Britain and Northern Ireland must comply with the regulations of this
Circular and Vietnam’s regulations on trade remedies.
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1. An application for imposition of a bilateral
safeguard measure (referred to as “application” in this Chapter) includes the application
form for imposition of a bilateral safeguard measure and relevant documents
specified in Article 47 of Decree No. 10/2018/ND-CP.
2. The application form for imposition of a
bilateral safeguard measure prepared according to Clause 2 Article 47 of Decree
No. 10/2018/ND-CP must include the following information:
a) Name, address and other necessary information of
the representative of the domestic industry;
b) Information, figures and evidences used for
determining the representative of the domestic industry, including the list of
domestic producers of the like or directly competitive products; amount,
quantity of the like or directly competitive products manufactured by those
producers;
c) Names and addresses of producers of the like or
directly competitive products expressing either support for, or opposition to,
the case;
d) Description of the imported product qualified
for the MFN tariff rate of customs duty under the UKVFTA Agreement and subject
to the investigation for imposition of the safeguard measure, including
scientific name, commercial name, common name, composition, physical and
chemical properties, main uses, production process, applied international and
Vietnamese standards and/or regulations, HS code and the MFN tariff rate in effect
as specified in the special preferential import tariff schedule for
implementation of the UKVFTA Agreement;
dd) Description of the like or directly competitive
product of the domestic industry, including scientific name, commercial name,
common name, composition, physical and chemical properties, main uses,
production process, applied international and Vietnamese standards and/or
regulations;
e) Information relating to amounts, quantities and
values of the imported product as prescribed in Point d of this Clause within
the period of 03 years before the application submission date, including at
least 06 months after the UKVFTA Agreement comes into force;
g) Information relating to amounts, quantities and
values of the like or directly competitive product produced by the domestic
industry as prescribed in Point dd of this Clause within the period of 03 years
before the application submission date, including at least 06 months after the
UKVFTA Agreement comes into force. If the operating duration of the domestic
industry is less than 03 years, the submitted data shall include the entire
operating duration of the domestic industry by the time of submission of the
Application;
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i) Information, figures and evidences about the
causal link between the imported product prescribed in Point d of this Clause
and the serious injury or threat of serious injury to the domestic industry;
k) Specific requests for application of the
safeguard measure, duration and level of the safeguard measure.
Article 8. Notification
The investigating authority shall notify the United
Kingdom of Great Britain and Northern Ireland in writing of all pertinent
information leading to the initiation of an investigation for application of a
bilateral safeguard measure and consult with the United Kingdom of Great
Britain and Northern Ireland as far as practicable as prescribed in the UKVFTA
Agreement.
Article 9. Investigation, application
of bilateral safeguard measures
1. The investigation for application of a bilateral
safeguard measure must be completed within the maximum duration of 01 year of
the date of issuance of the decision to initiate the investigation.
2. The Minister of Industry and Trade shall decide
to impose the bilateral safeguard measure when the investigation report given
by the investigating authority contains the following findings:
a) There is an absolute or relative increase in
amounts/quantities of imported product benefiting from the MFN tariff rate
under the UKVFTA Agreement, compared to those of the like and directly
competitive product domestically produced;
b) The domestic industry suffers from serious
injury or threat of serious injury;
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3. The applied bilateral safeguard measure
includes:
a) Suspension of the further reduction of the rate
of customs duty on the imported good as provided for in the UKVFTA Agreement;
or
b) Increase of the rate of customs duty on the
imported product to a level which does not exceed the lesser of the MFN applied
rate of customs duty on the imported product in effect at the time the measure
is taken, or the base rate of customs duty on the imported product specified in
the schedules included in Annex 2-A (Elimination of Customs Duties) pursuant to
Article 2.7 (Reduction or Elimination of Customs Duties) of the EVFTA Agreement
(incorporated into Part 2 of the Annex amending some of the EVFTA text of the
UKVFTA Agreement) whichever lower.
4. A bilateral safeguard measure shall be
maintained for a period not exceeding 02 years. This period may be
extended up to 02 years if the investigating authority determines that the
bilateral safeguard measure continues to be necessary to prevent or remedy
serious injury and to facilitate adjustment for the domestic industry.
5. Where the expected duration of a bilateral
safeguard measure is over 02 years, it must be progressively liberalized at
regular intervals during the period of application.
6. On the termination of a bilateral safeguard
measure, the rate of customs duty imposed on the relevant product shall be the
duty set out in the UKVFTA Agreement in effect at the time of termination of
such bilateral safeguard measure.
Article 10. Interested parties
in investigation and application of bilateral safeguard measures
1. Interested parties in investigation and
application of bilateral safeguard measures include:
a) The producer or exporter whose product is
imported into the territory of Vietnam and subject to the investigation;
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c) The trade or business association a majority of the
members of which are producers or exporters of the product subject to
investigation;
d) The Government and competent authorities of the
United Kingdom of Great Britain and Northern Ireland exporting the product
subject to investigation;
dd) The applicant for imposition of a bilateral
safeguard measure;
e) The producer of the domestic like or directly
competitive product;
g) The trade or business association of Vietnam a
majority of the members of which produce the domestic like or directly
competitive product;
h) Such other person or organization that has
legitimate rights and interests related to or useful for the investigation or
representative consumer organizations.
2. Any organization or individual desiring to
become an interested party in the investigation shall register with and must be
approved by the investigating authority in accordance with regulations of the
Law on Foreign Trade Management.
3. Interested parties in an investigation are
entitled to access information and documents as provided for in Article 9 of
Decree No. 10/2018/ND-CP.
Chapter IV
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Article 11. Effect
This Circular comes into force from December 15,
2021./.
MINISTER
Nguyen Dong Dien