Ms Pham Thi Quynh Chi Trade Remedies Authority of Viet Nam Ministry of Industry and Trade TRADE REMEDIES AUTHORITY AND LEGAL FRAMEWORK BEFORE AND AFTER 1 JANUARY 2018 SOME MAIN FEATURES OF THE NEW LEGISLATION •AMENDED, SUPPLEMENTED AND DETAILED CONTENTS COMPARED TO PREVIOUS LEGISLATION •NEW REGULATIONS ASSESSMENT OF IMPACT ON TRADE REMEDIES PROCEEDINGS IN VIET NAM 1
MINISTRY OF INDUSTRY AND TRADE TRADE REMEDIES COMPLIANCE COMMITTEE VIET NAM COMPETITION AUTHORITY Trade Remedies Investigation Division Committee’s Secretariat Trade Remedies Compliance Division MINISTRY OF INDUSTRY AND TRADE TRADE REMEDIES AUTHORITY OF VIET NAM Dumping and Injury and Trade Centre for Legal Subsidy Safeguard Remedies Information Affairs Office Investigation Investigation Compliance and Early Division Division Division Division Warning 2
Ordinance No. 04 guiding Decrees + 20/2004/PL-UBTVQH11 other related legal on anti-dumping documents Establishment of the WTO Before 1995 2004 2004 2002 2007 Viet Nam’s Ordinance No. Ordinance No. ascension 42/2002/PL- 22/2004/PL-UBTVQH11 UBTVQH10 on to the WTO on subsidies and safeguards countervailing measures Ordinance on Safeguards Chapter 4 – Law on Foreign Trade Management 2017 Ordinance on Anti-dumping Decree No. 10/2018/ND-CP detailing some articles of the Law on Foreign Trade on trade Ordinance on remedies Subsidies Circular No. 06/2018/TT-BCT detailing some contents on trade 04 guiding remedies Decrees 3
Supplement provisions on determining domestic industry Detail provisions on injury: injury/threat of injury/retardation of establishing new industry Detail calculation methodology for margins of dumping and subsidy Supplement processes, procedures and deadlines for investigation periods to review trade remedies and products Amend the preliminary investigation time Address the gap between application of provisional vs. final measures Monitor imports of products under investigation Amend, abolish some provisions not compatible with investigation practices Exclusion from application of trade remedies Anti-circumvention of trade remedies Handling cases where Vietnamese exports are subject to trade remedy investigation and application Special safeguard measures 4
(1) Exclusion from the application of trade remedies (Article 7 Decree No. 10/ND-CP and Circular No. 06/2018/TT-BCT) ◦ The Ministry of Industry and Trade stipulates the subjects and scope of exclusion from the application of trade remedies. ◦ The Ministry of Industry and Trade provides detailed guidance on the process of exclusion from the application of trade remedies. (2) Anti-circumvention of trade remedies (Article 72 Law on FTM and Chapter 5 Decree No. 10): Stipulate the acts, thresholds, scope and procedures of anti- circumvention investigations 5
(3) Handling cases where Vietnamese exports are subject to trade remedy investigation and application (Article 76 Law on FTM and Chapter 6 Decree No. 10) Stipulate activities to assist enterprises when exported goods are investigated or subject to trade remedies Early warning system Coordinate with related ministries (4) Special safeguard measures 6
DOMESTIC PRODUCERS MANAGEMENT IMPORTERS AFFECTED AUTHORITIES SUBJECTS Other RELATED EXPORTERS PARTIES 13 COMPLY WITH WTO COMMITMENTS AND TRADE AGREEMENTS OF WHICH VIET NAM IS A SIGNATORY ENHANCE TRANSPARENCY AND CLARITY IN THE INVESTIGATION AND HANDLING PROCESS ◦ RIGHT TO ACCESS INFORMATION, CONFIDENTIALITY, ◦ COMMENTS ON INVESTIGATION AND DUTY DECISIONS TO PROTECT BENEFITS, ◦ AND PUBLIC CONSULTATIONS, ◦ CLEAR AND ACCESSIBLE REQUEST DOSSIERS AND FORMS 14 7
ENHANCE EFFICIENCY OF TRADE REMEDIES ◦ ANTI-CIRCUMVENTION OF TRADE REMEDIES ◦ EXCLUSION FROM APPLICATION OF TRADE REMEDIES ◦ REVIEW INVESGITATIONS ◦ MONITOR THE IMPORTED PRODUCTS UNDER INVESTIGATION 15 Trade Remedies Authority of Viet Nam Ministry of Industry and Trade 25 Ngo Quyen, Hoan Kiem, Hanoi 8
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