Decree No. 04/2006/ND-CP On the establishment and provisions of functions, tasks, powers, and organizational structure of the Council for Handling Anti-Dumping, Anti-Subsidy, and Safeguard Cases

DECREE

Regarding the establishment and provisions on functions, tasks, powers, and organizational structure of the Council for Handling Anti-Dumping, Anti-Subsidy, and Safeguard Cases

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Ordinance on Safeguard Measures in Importing Foreign Goods into Vietnam dated May 25, 2002;

Pursuant to the Ordinance on Anti-Dumping Measures for Imported Goods into Vietnam dated April 29, 2004;

Pursuant to the Ordinance on Anti-Subsidy Measures for Imported Goods into Vietnam dated August 20, 2004;

Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Commerce;

Considering the proposal of the Minister of Trade,

DECREE:

Article 1. Establish the Council for Handling Anti-Dumping, Anti-Subsidy, and Safeguard Cases

Establish the Council for Handling Anti-Dumping, Anti-Subsidy, and Safeguard Cases (hereinafter referred to as the Council for Handling).

Article 2. Position and Functions

The Council for Handling is an organization under the Ministry of Trade with the function of assisting the Minister of Trade in examining the application of anti-dumping duties, anti-subsidy duties, and safeguard measures against imported goods into Vietnam based on the conclusions and results of investigations into anti-dumping, anti-subsidy, and safeguard measures conducted by the Competition Management Department.

The operating expenses of the Council for Handling shall be guaranteed by the state budget and allocated according to the annual state budget estimate of the Ministry of Trade.

Article 3. Tasks and Limitations

The Council for Handling Anti-Dumping, Anti-Subsidy, and Safeguard Cases has the following main tasks and powers:

1. Studying and reviewing files and conclusions of the Competition Management Department regarding anti-dumping, anti-subsidy, and safeguard cases.

2. Discussing and deciding by majority whether there is or is not dumping of goods into Vietnam causing or threatening to cause significant damage to domestic industries.

3. Discussing and deciding by majority whether there is or is not subsidization of imported goods into Vietnam causing or threatening to cause significant damage to domestic industries.

4. Discussing and deciding by majority whether there is or is not an increase in volume, quantity, or value of imported goods causing or threatening to cause serious injury to domestic industries producing similar or directly competitive goods.

5. Advising the Minister of Trade to issue decisions on the imposition of anti-dumping duties, anti-subsidy duties, and the implementation of safeguard measures.

Article 4. Organizational Structure

1. The Council for Handling consists of permanent members and other members working on specific cases. The Chairman and Vice Chairmen of the Council for Handling are appointed and relieved from duty by the Minister of Trade based on a list provided. the Prime Minister.

2. Supporting the Council for Handling is the Secretariat of the Council for Handling. The functions, tasks, and organizational structure of the Secretariat of the Council for Handling are stipulated by the Minister of Trade.

3. The Council for Handling is responsible for drafting the Charter of Organization and Operation of the Council for Handling to be approved by the Minister of Trade.

Article 5. Leadership of the Council for Handling

The Council for Handling includes the Chairman of the Council and several Vice Chairmen.

The Chairman of the Council for Handling is responsible to the Minister of Trade for all activities of the Council for Handling. The Vice Chairmen of the Council for Handling are responsible to the Chairman of the Council for Handling for the tasks assigned to them.

Article 6. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 7. Responsibility for Implementation

The Minister of Trade, Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial people's committees, chairmen of municipal people's committees directly under the central government, and the Chairman of the Council for Handling are responsible for implementing this Decree./.