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MINISTRY OF
INDUSTRY AND TRADE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence-Freedom-Happiness
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No.:
30/2020/TT-BCT
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Hanoi, November
26, 2020
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CIRCULAR
PROVIDING
GUIDELINES FOR IMPLEMENTATION OF THE FREE TRADE AGREEMENT BETWEEN THE SOCIALIST
REPUBLIC OF VIETNAM AND THE EUROPEAN UNION REGARDING TRADE REMEDIES
Pursuant to the Law on Foreign Trade Management
No. 05/2017/QH14 dated June 12, 2017;
Pursuant to the Resolution No. 102/2020/QH14
dated June 08, 2020 of the National Assembly giving approval for the Free Trade
Agreement between the Socialist Republic of Vietnam and the European Union;
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;
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 European Union regarding
trade remedies.
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GENERAL PROVISIONS
Article 1. Scope
1. This Circular provides guidelines for imposition
of bilateral safeguard measures, anti-dumping and countervailing measures for
the purposes of implementation of the Free Trade Agreement between the
Socialist Republic of Vietnam and the European Union.
2. Regulations herein shall apply to goods
originating in:
- The territory of a member state of the EU;
- The United Kingdom of Great Britain and Northern
Ireland; and
- The Principality of Andorra; Republic of San
Marino.
Article 2. Regulated entities
1. Vietnamese regulatory authorities that have
jurisdiction to investigate, impose and deal with trade remedies for
implementation of the Agreement.
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Article 3. Definitions
For the purposes of this Circular, the terms below
are construed as follows:
1. “Agreement” means the Free Trade Agreement
between the Socialist Republic of Vietnam and the European Union.
2. “bilateral safeguard measure” means a measure
prescribed in Article 3.10 Chapter 3 of the Agreement and in Article 99 of the
Law on Foreign Trade Management.
3. “transition period” means a period commencing on
August 01, 2020 and ending on July 31, 2030.
4. “domestic industry” in investigation and
imposition of bilateral safeguard measures means the producers as a whole of
the like or directly competitive good operating within the territory of Vietnam
or those producers whose collective production of the like or directly
competitive good constitutes a major proportion of the total domestic
production of that good. The major proportion of the total domestic
production shall be determined in accordance with the provisions in Clause 2
Article 4 of the Decree No. 10/2018/ND-CP .
5. “investigating authority” means the Trade
Remedies Authority of Vietnam affiliated to the Ministry of Industry and Trade.
Chapter II
ANTI-DUMPING AND
COUNTERVAILING MEASURES
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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 the socio-economic interests to
apply such measures.
2. In determining the socio-economic interests, the
investigating authority shall take into account the situation of the domestic
industry, importers and their representative associations, representative users
and representative consumer organizations, based on the relevant information
provided to it.
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 imposition
of bilateral safeguard measures
1. At the same time, a bilateral safeguard measure
and a safeguard measures under Article XIX of the General Agreement on Tariffs
and Trade in 1994 (GATT 1994) shall not apply with respect to the same good
applying the most-favoured-nation rate of customs duty under the Agreement.
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3. The investigation and application of a bilateral
safeguard measure must comply with the regulations laid down the Law on Foreign
Trade Management, Decree No. 10/2018/ND-CP and the provisions of this Chapter.
Article 7. Application for
imposition of bilateral safeguard measures
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 measures 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
producers of the like or directly competitive good; amount, quantity of the
like or directly competitive good manufactured by those producers;
c) Name, address of producers of the like good
supporting or opposing the case;
d) Description of the imported good applying the
most-favoured-nation rate of customs duty under the 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 most-favoured-nation applied rate
of customs duty in effect as specified in the special preferential import
tariff schedule for implementation of the Agreement;
dd) Description of the like or directly competitive
good of the domestic industry, including scientific name, commercial name,
common name, physical and chemical properties, main uses, production process,
applied international and Vietnamese standards and/or regulations;
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g) Information relating to amounts, quantities and
values of the like or directly competitive good produced by the domestic
industry as prescribed in Point dd of this Clause within the 03-year period
before submitting the application, including at least 06 months after the
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;
h) Information, figures and evidences about the
serious injury or threat of serious injury to the domestic industry;
i) Information, figures and evidences about the
causal link between the imported good prescribed in Point d of this Clause and
the serious injury or threat of serious injury to the domestic industry;
k) Specific request for application of the
safeguard measure, duration and level of the safeguard measure.
Article 8. Notification
The investigating authority shall send a written
notification to the European Union of all information leading to the initiation
of an investigation for application of a bilateral safeguard measures and
request for consultations with the European Union as prescribed in the
Agreement.
Article 9. Investigation,
application of bilateral safeguard measures
1. The time limit for investigation for application
of a bilateral safeguard measure is 01 year from the date on which the decision
to initiate the investigation is issued.
2. The Minister of Industry and Trade shall decide
to impose the bilateral safeguard measure when the report given by the
investigating authority contains the following findings:
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b) The domestic industry suffers from serious
injury or threat of serious injury;
c) The serious injury or threat of serious injury
incurred by the domestic industry is caused by the increased imports as set out
in Point a of this Clause.
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 Agreement; or
b) Increase of the rate of customs duty on the
imported good to a level which does not exceed the lesser of the at the
most-favoured-nation applied rate of customs duty on the imported good in
effect at the time the measure is taken, or the base rate of customs duty on
the imported good 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 Agreement.
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 good shall be the
duty set out in the 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
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a) The producer or exporter whose good is imported
into the territory of Vietnam and subject to the investigation;
b) The importer of a good subject to
investigation;
c) The trade or business association a majority of
the members of which are producers or exporters of a good subject to
investigation;
d) The government and competent authorities of the
European Union exporting a good subject to investigation;
dd) The applicant for imposition of a bilateral
safeguard measure;
e) The producer of the domestic like or directly
competitive good;
g) The trade or business association of Vietnam a
majority of the members of which produce the domestic like or directly
competitive good;
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.
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Chapter IV
IMPLEMENTATION
Article 11. Effect
1. This Circular comes into force from January 11,
2021.
2. Regulations herein will apply to goods
originating in the United Kingdom of Great Britain and Northern Ireland after
this Circular comes into force until December 31, 2020 inclusively (this period
may be extended up to 24 months under the agreement on the withdrawal of the
United Kingdom of Great Britain and Northern Ireland from the European
Union)./.
MINISTER
Tran Tuan Anh
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