Law on Foreign Trade Management No. 05/2017/QH14

 LAW

FOREIGN TRADE MANAGEMENT

On the basis of The Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Foreign Trade Management Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates measures for foreign trade management, development of foreign trade activities; resolution of disputes regarding the application of foreign trade management measures.

Article 2. Applicability

1. State management agencies.

2. Business entities participating in foreign trade activities.

3. Domestic and foreign organizations and individuals related to foreign trade activities.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Foreign trade activities are international goods trading activities carried out through export, import; temporary import for re-export, temporary export for re-import; transshipment; transit and other activities related to international goods trading according to the provisions of laws and international treaties to which the Socialist Republic of Vietnam is a member.

2. Technical measures are measures applied to exported and imported goods according to the provisions of laws on product quality, goods quality, technical standards and regulations, food safety, measurement.

3. Measures for quarantine include animal quarantine and animal products quarantine, plant quarantine, and border health quarantine according to the provisions of laws on plant protection and quarantine, veterinary services, and disease prevention and control.

4. Special customs zone is a defined geographic area within the territory of Vietnam established according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member; it has trading relations with the remaining territory and foreign countries as export and import relations.Foreign traders without presence in Vietnam

5.  are foreign traders not engaging in investment or business activities in Vietnam under forms prescribed in Vietnamese laws on investment, trade, and enterprises; they do not have representative offices or branches in Vietnam according to Vietnamese laws on trade and enterprises.Article 4. Principles of state management in foreign trade1. The State manages foreign trade according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

2. Ensuring transparency, fairness, equality, simplification of administrative procedures; ensuring the rights and legitimate interests of the State and business entities belonging to various economic sectors; promoting domestic production and exports, linked with import management.

3. Ensuring full implementation of the most-favored-nation treatment and national treatment principles in foreign trade activities according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

Article 5. Freedom to engage in export and import business

1. The freedom for Vietnamese business entities that are not foreign-invested economic organizations to engage in export and import business shall be implemented as follows:

a) Business entities are allowed to engage in export and import business and related activities regardless of registered business fields, except for goods listed in the Prohibited Export and Import Goods List and temporarily suspended export and import goods;

b) When exporting and importing goods according to permits or conditions, business entities must comply with permit and condition requirements;

c) Branches of Vietnamese business entities can conduct foreign trade activities based on authorization from the business entity.

2. The freedom for Vietnamese business entities that are foreign-invested economic organizations and branches of foreign business entities in Vietnam to engage in export and import business shall be implemented as follows:

a) Implementing the right to export and import according to this Law and international treaties to which the Socialist Republic of Vietnam is a member;

The Ministry of Industry and Trade will publish the list of goods and the implementation schedule for the right to export and import according to international treaties to which the Socialist Republic of Vietnam is a member;

b) Exercising the right to export through purchasing goods in Vietnam for export abroad under the form of being named on the export goods declaration to carry out and bear responsibility for related export procedures. The right to export does not include the right to organize a network of goods collection in Vietnam for export;

c) Exercising the right to import goods from abroad into Vietnam for sale to business entities authorized to distribute such goods in Vietnam under the form of being named on the import goods declaration to carry out and bear responsibility for related import procedures. The right to import does not include the right to organize or participate in a distribution system for goods in Vietnam.

3. Foreign traders without presence in Vietnam, other organizations and individuals related to countries, regions (hereinafter referred to collectively as countries) that are members of the World Trade Organization and countries with bilateral agreements with Vietnam have the right to export and import according to Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a member.

4. Exported and imported goods must be specified and announced in detail corresponding to the classification of goods in the Export and Import Goods List according to the provisions of customs laws.

5. The Government shall provide detailed regulations for points b and c of Clause 2 and Clause 3 of this Article.

4. Goods for export and import must be specified and announced in detail corresponding to the classification of goods in the Vietnamese Export and Import Goods List in accordance with the laws on customs.

5. The Government shall specify the details of points b and c, Clause 2 and Clause 3 of this Article.

Article 6. State Management Responsibilities for Foreign Trade

1. The Government shall uniformly manage state affairs concerning foreign trade.

2. The Ministry of Industry and Trade is the lead agency assisting the Government in implementing state management over foreign trade and has the following responsibilities and authorities:

a) Submitting to competent state agencies for approval and issuance of strategies, plans, policies on managing and developing foreign trade activities, regional and global market development, economic integration during each period; deciding on the implementation of certain management measures as prescribed by this Law;

b) Issuing or submitting to competent state agencies for issuance of legal normative documents on foreign trade management;

c) Directing, disseminating, organizing implementation, inspecting, and evaluating legal normative documents and management measures for foreign trade as prescribed by law;

d) Providing information related to foreign trade activities and foreign trade management as prescribed by law on access to information;

e) Managing the activities of foreign trade promotion organizations in Vietnam;

f) Directing business operations for commercial representatives under agencies representing the Socialist Republic of Vietnam abroad (hereinafter referred to as commercial representatives);

g) Assisting the Government and the Prime Minister in participating in negotiations, signing, coordinating the implementation of international treaties in the field of foreign trade; negotiating market opening for exports, handling barriers to exported goods within their authority and supervising the general implementation of international treaties by partners;

h) Advising the Government in participating in resolving disputes regarding the application of foreign trade management measures;

i) Inspecting, checking, settling complaints and denunciations, and handling violations of laws on foreign trade management within their authority;

j) Implementing technical measures within the scope of their duties and authorities as prescribed by law.

3. Ministries and ministerial-level agencies, within the scope of their duties and authorities, have the following responsibilities:

a) Taking the lead and coordinating in negotiating international treaties and monitoring the implementation of partner commitments, handling barriers to exported goods within their authority; managing foreign trade and developing foreign trade activities as prescribed by law; implementing reporting systems and sharing information related to foreign trade activities and foreign trade management;

b) The Ministry of Finance takes the lead and coordinates with relevant agencies in drafting, submitting to competent authorities for issuance, and guiding the implementation of legal normative documents on taxes, fees, and charges for export and import goods; coordinating with ministries, ministerial-level agencies, organizations, and individuals in drafting laws and policies related to foreign trade management as prescribed by this Law and other relevant laws; directing customs agencies to implement inspection, supervision, and statistics of export and import goods as prescribed by law on customs;

c) The Ministry of Agriculture and Rural Development takes the lead and coordinates with ministries, ministerial-level agencies, organizations, and individuals in proposing, drafting, and implementing quarantine measures for animals and plants, food safety, and development measures for foreign trade activities within the scope of their duties and authorities as prescribed by law;

d) The Ministry of Health takes the lead and coordinates with ministries, ministerial-level agencies, organizations, and individuals in proposing, drafting, and implementing border health quarantine measures, food safety measures, and development measures for foreign trade activities within the scope of their duties and authorities as prescribed by law;

e) The Ministry of Science and Technology takes the lead and coordinates with ministries, ministerial-level agencies, organizations, and individuals in proposing, drafting, and implementing technical measures within the scope of their duties and authorities as prescribed by law.

4. Provincial-level local authorities, within the scope of their duties and authorities, have the following responsibilities:

a) Implementing state management functions for foreign trade at the local level as prescribed by this Law and delegated by the Government, the Prime Minister, ministries, and ministerial-level agencies;

b) Taking the lead and coordinating with organizations and individuals concerned in proposing projects and programs to develop foreign trade activities at the local level;

c) Directing specialized agencies under their jurisdiction to inspect, check, and handle violations of laws by agencies, organizations, and individuals in state management of foreign trade at the local level;

d) Maintaining, updating, and providing information to systems for managing export and import, and promoting trade;

e) Implementing and directing specialized agencies under their jurisdiction to implement periodic and ad hoc reporting systems to serve state management of foreign trade at the local level.

Article 7. Prohibited acts in foreign trade management

1. Exploiting positions or powers to violate the provisions of laws on foreign trade management, obstructing legitimate export and import business activities, infringing upon the freedom of export and import business of traders as stipulated in Article 5 of this Law.

2. Applying foreign trade management measures beyond authority; not following the prescribed procedures and formalities.

3. Disclosing confidential information of traders in violation of the law.

4. Exporting or importing goods prohibited from export or import, temporarily suspended from export or import, except as provided for in Clause 2, Article 10 and Clause 1, Article 14 of this Law; goods subject to permits or conditions but exported or imported without such permits or failing to meet the required conditions; goods not passing through the designated customs checkpoints; goods not undergoing customs procedures or having false declarations regarding quantity, volume, type, origin when undergoing customs procedures; goods that must be labeled with a seal but are not so labeled according to the law.

5. Exporting or importing goods in violation of the provisions of Clause 2 and Clause 3, Article 5 of this Law.

6. Fraudulent or counterfeit documents related to foreign trade management activities.

Chapter II

ADMINISTRATIVE MEASURES

Section 1

PROHIBITION ON EXPORT, PROHIBITION ON IMPORT, TEMPORARY SUSPENSION OF EXPORT, TEMPORARY SUSPENSION OF IMPORT

Subsection 1

PROHIBITION ON EXPORT, PROHIBITION ON IMPORT

Article 8. Measures of prohibition on export and prohibition on import

1. Prohibition on export is a measure decided by competent state agencies prohibiting the movement of goods from domestic areas to special customs zones or out of the territory of Vietnam.

2. Prohibition on import is a measure decided by competent state agencies prohibiting the movement of goods from special customs zones to domestic areas or from abroad into the territory of Vietnam.

Article 9. Application of measures of prohibition on export and prohibition on import

1. The measure of prohibition on export shall be applied when goods fall under any of the following cases:

a) Related to national defense and security without permission from competent state agencies;

b) To protect cultural relics, antiques, and national treasures as prescribed by laws on cultural heritage;

c) As stipulated in international treaties to which the Socialist Republic of Vietnam is a party.

2. The measure of prohibition on import shall be applied when goods fall under any of the following cases:

a) Related to national defense and security without permission from competent state agencies;

b) Causing harm to consumer health and safety;

c) Having a negative impact on social order, public safety, social morality, and traditional customs;

d) Causing harm to the environment, biodiversity, posing a high risk of carrying harmful organisms, threatening food security, production, and exports of Vietnam, and infringing upon intellectual property rights;

đ) As stipulated in international treaties to which the Socialist Republic of Vietnam is a party.

Article 10. List of goods prohibited from export and import

1. The Government shall prescribe the List of goods prohibited from export and import.

2. The Prime Minister shall decide to allow the export and import of goods prescribed in Clause 1 of this Article for special purposes, warranty, analysis, testing, scientific research, medical purposes, pharmaceutical production, national defense, and security.

3. The export and import of goods listed in the List of goods prohibited from export and import for special customs zones shall be carried out in accordance with the provisions of Section 8 of this Chapter.

Subsection 2

TEMPORARY SUSPENSION OF EXPORT, TEMPORARY SUSPENSION OF IMPORT

Article 11. Measures to temporarily suspend exports, temporarily suspend imports

1. Temporarily suspending exports is a measure decided by state agencies with competent authority not to move goods from domestic areas into special customs zones or out of Vietnam's territory for a certain period of time.

2. Temporarily suspending imports is a measure decided by state agencies with competent authority not to move goods from special customs zones into domestic areas or from foreign countries into Vietnam's territory for a certain period of time.

Article 12. Application of measures to temporarily suspend exports, temporarily suspend imports

1. Measures to temporarily suspend exports, temporarily suspend imports shall be applied when goods fall under one of the following cases:

a) Goods that must apply emergency control measures in foreign trade management as provided for in Chapter V of this Law;

b) Goods that fall under the provisions of Article 9 of this Law but are not included in the List of Prohibited Exported and Imported Goods.

2. The measures to temporarily suspend exports, temporarily suspend imports shall be revoked upon expiration of the suspension period or when goods no longer fall under the cases stipulated in Clause 1 of this Article.

Article 13. Competent authority to apply measures to temporarily suspend exports, temporarily suspend imports

1. The Minister of Industry and Trade decides on temporarily suspending exports, temporarily suspending imports based on opinions or proposals of Ministries, ministerial-level agencies related to the matter and bears responsibility for such decisions, except where otherwise provided by laws on veterinary medicine, plant protection, and quarantine..

2. The Ministry of Industry and Trade shall notify international economic organizations and relevant countries according to agreed procedures when there is a decision on temporarily suspending exports, temporarily suspending imports of goods as stipulated in Clause 1 of this Article.

Article 14. Exceptions

1. The Minister of Industry and Trade decides to allow the export and import of goods that have been subject to temporary suspension of exports and imports for special purposes, warranty services, analysis, testing, scientific research, medical purposes, pharmaceutical production, national defense, and security, based on opinions or proposals of Ministries, ministerial-level agencies related to the matter, except where otherwise provided by laws on veterinary medicine, plant protection, and quarantine.

2. The export and import of goods that have been subject to temporary suspension of exports and imports in special customs zones shall be carried out in accordance with the provisions of Section 8 of this Chapter.

Section 2

QUANTITATIVE RESTRICTIONS ON EXPORTS, QUANTITATIVE RESTRICTIONS ON IMPORTS

Subsection 1

GENERAL PROVISIONS

Article 15. Measures for quantitative restrictions on exports, quantitative restrictions on imports

1. Quantitative restriction on exports is a measure decided by state agencies with competent authority to limit the quantity, volume, value of exported goods, export ports, and the right of traders to export goods.

2. Quantitative restriction on imports is a measure decided by state agencies with competent authority to limit the quantity, volume, value of imported goods, import ports, and the right of traders to import goods.

Article 16. Exceptions

1. The export and import of goods subject to quantitative restrictions on exports and quantitative restrictions on imports as provided for in this Section for non-commercial purposes shall be carried out in accordance with relevant laws.

2. The export and import of goods subject to quantitative restrictions on exports and quantitative restrictions on imports as provided for in this Section in special customs zones shall be carried out in accordance with the provisions of Section 8 of this Chapter.

Subsection 2

QUOTA RESTRICTIONS ON EXPORTS, QUOTA RESTRICTIONS ON IMPORTS

Article 17. Quota Export Measures, Import Quotas

1. Export quota is a measure decided by competent state agencies to limit the quantity, volume, and value of goods exported out of the territory of Vietnam.

2. Import quota is a measure decided by competent state agencies to limit the quantity, volume, and value of goods imported into the territory of Vietnam.

Article 18. Application of Export Quota Measures, Import Quotas

1. Export quota measures, import quotas shall be applied when goods fall under any of the following cases:

a) In accordance with international treaties to which the Socialist Republic of Vietnam is a member;

b) For goods ensuring macroeconomic balance and economic growth during specific periods;

c) When the importing country applies import quotas on goods exported from Vietnam.

2. The application of export quota measures, import quotas must ensure transparency regarding the quantity, volume, and value of goods; transparency, objectivity in the method of allocating export quotas, import quotas.

Article 19. Competent Authority for Applying Export Quota Measures, Import Quotas

1. The Minister of Industry and Trade shall take the lead in coordinating with other ministries, ministerial-level agencies, and relevant organizations to decide on the application of export quota measures, import quotas.

2. The Ministry of Industry and Trade shall announce goods that require the application of export quota measures, import quotas.

Subsection 3

QUOTA DUTY LIMIT

Article 20. Tariff Quota Export Measures, Tariff Import Quotas

1. Tariff quota for exports is a measure applied by competent state agencies to determine the quantity, volume, and value of goods exported at a specific tariff rate.

2. Tariff quota for imports is a measure applied by competent state agencies to determine the quantity, volume, and value of goods imported at a preferential tariff rate compared to the rate outside the quota.

Article 21. Application of Tariff Quota Export Measures, Tariff Import Quotas

1. Tariff quota export measures, tariff import quotas shall be applied according to international treaties to which the Socialist Republic of Vietnam is a member.

2. Tariff import quotas shall not be applied to the quantity, volume, and value of goods used for producing or processing exported goods.

3. The application of tariff quota export measures, tariff import quotas must ensure transparency regarding the quantity, volume, and value of goods; transparency, objectivity in the method of allocating tariff quota export measures, tariff import quotas.

Article 22. Competent Authority for Applying Tariff Quotas

1. The Minister or Head of a ministerial-level agency decides the tariff quota amount for each good within their jurisdiction.

2. The Ministry of Industry and Trade announces the application of tariff quotas and decides the method of allocating tariff quotas.

Subsection 4

DESIGNATION OF BORDERS FOR EXPORT AND IMPORT

Article 23. Designation of Border Ports for Export and Import

Designation of border ports for export and import is a measure applied by competent state agencies to determine the border ports for exporting and importing certain goods.

Article 24. Application of Designated Port Measures for Export and Import

1. The application of designated port measures for export and import aims to manage and inspect the quality of exported and imported goods, prevent illegal transshipment, combat commercial fraud, protect the reputation of Vietnamese exported goods; be suitable with the material infrastructure and technical conditions of each port, ensuring national defense and security.

2. The application of designated port measures for export and import must ensure transparency, equality, and facilitate export and import activities.

3. Merchants have the right to freely choose ports for exporting and importing goods among those that have been designated.

Article 25. Competence to Apply Designated Port Measures for Export and Import

1. The Ministry of Industry and Trade shall take the lead in coordinating with relevant state management agencies to decide and announce goods, export and import ports corresponding to such goods, and the implementation timeline.

2. Decisions on applying designated port measures for export and import must be publicly announced through mass media at least 45 days before their effective date.

Subsection 5

DESIGNATION OF MERCHANDISERS FOR EXPORT AND IMPORT

Article 26. Measures for Designating Merchandisers for Export and Import

Designation of merchandisers for export and import is a measure applied by authorized state agencies to determine merchandisers for certain types of goods.

Article 27. Application of Measures for Designating Merchandisers for Export and Import

1. Measures for designating merchandisers for export and import shall be applied when goods fall under any of the following cases:

a) In accordance with international treaties to which the Socialist Republic of Vietnam is a member;

b) Goods subject to state monopoly in trade activities as prescribed by laws on trade;

c) Goods requiring urgent control measures in foreign trade management as stipulated in Chapter V of this Law.

2. The application of measures for designating merchandisers for export and import must ensure transparency; safeguard the rights and interests of the State and the legitimate rights and interests of designated merchandisers in conducting foreign trade activities.

Article 28. Competence to Apply Measures for Designating Merchandisers for Export and Import

1. The Government shall specify the List of goods and conditions for designating merchandisers for export and import; assign responsibilities for managing goods according to the List to relevant ministries and ministerial-level agencies.

2. The Minister or Head of a ministerial-level agency specified in Clause 1 of this Article shall implement the designation of merchandisers for export and import of goods within their jurisdiction and bear responsibility for supervising and inspecting the conduct of foreign trade activities by designated merchandisers.

Section 3

MANAGEMENT THROUGH LICENSES AND CONDITIONS FOR EXPORT AND IMPORT

Article 29. Measures for Managing Through Licenses for Export and Import; Management Through Conditions for Export and Import

1. Management through export and import licenses (hereinafter referred to as management through licenses) is a measure applied by authorized state agencies to issue export and import licenses or other forms of equivalent legal value to merchants to carry out export and import activities.

2. Management through conditions for export and import (hereinafter referred to as management through conditions) is a measure applied by authorized state agencies to stipulate conditions regarding business subjects, types, quantities, volumes, material and technical bases, equipment, and areas that merchants must meet when conducting export and import activities without the need to issue export and import licenses.

Article 30. Application of management measures based on licenses and conditions

1. Management measures based on conditions shall only be applied in necessary cases for reasons of public order, social safety, social morality, community health, traditional customs, and environmental protection.

2. The application of management measures based on licenses and conditions must ensure transparency and openness; minimize time and costs for state administrative agencies and traders.

3. On the basis of compliance with international treaties to which the Socialist Republic of Vietnam is a member.

Article 31. Competence to apply management measures based on licenses and conditions

1. The Government shall specify the List of goods subject to export and import licenses and conditions; stipulate the methods and scope of management by Ministries and equivalent agencies over goods listed; and prescribe procedures and formalities for issuing export and import licenses.

2. Ministries and equivalent agencies shall have the responsibility to publicly announce the List of goods subject to export and import licenses and conditions as specified in Clause 1 of this Article, and to announce export and import conditions for goods listed.

Section 4

CERTIFICATION OF ORIGIN OF GOODS

Article 32. Measures for certification of origin of goods

1. Certificates of origin of goods include:

a) A certificate of origin of goods in the form of a document or other forms having equivalent legal value issued by authorized agencies or organizations to traders;

b) Self-certification of origin of goods issued by traders in accordance with Clause 2 of Article 34 of this Law.

2. The Government shall provide detailed regulations on the origin of goods and certification of origin of goods.

Article 33. Application of measures for certification of origin of goods

Measures for certification of origin of goods shall be applied in the following cases:

1. For traders exporting or importing goods who wish to enjoy preferential tariffs under international treaties to which the Socialist Republic of Vietnam is a member;

2. Where laws stipulate that the export or import of goods requires certification of origin of goods;

3. Upon request from traders or at the initiative of traders for cases not covered by Clauses 1 and 2 of this Article, as approved by competent state authorities.

Article 34. Competence to apply measures for certification of origin of goods

1. The Minister of Industry and Trade shall issue or authorize another organization to issue certificates of origin of goods.

2. The Minister of Industry and Trade shall approve in writing for traders to self-certify the origin of exported goods.

Article 35. Verification of origin of goods

1. The Ministry of Industry and Trade shall be responsible for verifying and guiding the verification of issuance of certificates of origin of goods and self-certification of origin of exported goods by traders.

2. The Ministry of Finance shall be responsible for directing customs authorities to verify the origin of exported and imported goods when implementing customs procedures in accordance with laws on customs.

Section 5

FREE CIRCULATION CERTIFICATE

Article 36. Free Circulation Certificate

1. The Free Circulation Certificate is a document certifying that goods exported by traders are permitted to circulate freely in the exporting country, issued by the competent authority of the exporting country.

2. The Free Circulation Certificate includes specific certificates or certificates containing all elements of a Free Circulation Certificate and other similar certification documents.

Article 37. Application of Free Circulation Certification Measures

The free circulation certification measures shall be applied in the following cases:

1. Where the law stipulates that goods must apply for a free circulation certificate;

2. At the request of the exporter or importer of goods in cases not covered by Clause 1 of this Article.

Article 38. Authority to Apply Free Circulation Certification Measures

The Government shall specify the List of Goods Required to Apply for a Free Circulation Certificate; it shall also prescribe the authority and procedures for issuing such certificates.

Chapter 6

OTHER FOREIGN TRADE MANAGEMENT MEASURES

Subsection 1

TEMPORARY IMPORTATION, RE-EXPORTATION, TEMPORARY EXPORTATION, RE-IMPORTATION, TRANSFER

Article 39. Temporary Importation and Re-exportation Business

1. The act of a trader purchasing goods from one country and bringing them into the territory of Vietnam or from a customs zone into the domestic area, and then selling those goods to another country or customs zone shall be carried out as follows:

a) The trader must have a temporary importation and re-exportation business license for goods listed in the Prohibited Export and Import Goods List; goods temporarily suspended from export and import; goods not yet permitted to circulate or be used in Vietnam; goods subject to quantitative restrictions on export and import, tariff quotas, export licenses, and import licenses;

b) Traders engaged in temporary importation and re-exportation business must meet the conditions prescribed for goods in regulated industries and businesses;

c) Traders engaged in temporary importation and re-exportation business only need to handle procedures with the customs office at the border gate for goods not covered by point a, point b of this clause and Article 40 of this Law.

2. Goods involved in temporary importation and re-exportation business may only remain in the territory of Vietnam for a specified period.

3. Goods involved in temporary importation and re-exportation business must undergo customs clearance when imported into the territory of Vietnam and be subject to inspection and supervision by the customs authority until they are re-exported out of the territory of Vietnam.

4. The consumption of goods involved in temporary importation and re-exportation business in the domestic market must comply with the management regulations for imported goods under this Law and other relevant laws.

5. The Government shall provide detailed regulations on this matter.

Article 40. Prohibition of Temporary Importation and Re-exportation, Transfer, Suspension of Temporary Importation and Re-exportation, Transfer Business

1. The following goods are prohibited from being engaged in temporary importation and re-exportation, transfer business:

a) Hazardous waste, scrap materials, waste;

b) Goods prohibited from temporary importation and re-exportation, transfer business according to international treaties to which the Socialist Republic of Vietnam is a party;

c) Used consumer goods with a risk of trade fraud;

d) Goods posing a high risk of environmental pollution, disease outbreaks, and harm to human health and life.

2. The Government shall provide detailed regulations on the List of Goods Prohibited from Temporary Importation and Re-exportation, Transfer Business.

3. In cases where it is necessary to prevent environmental pollution, disease outbreaks, harm to human health and life, illegal transportation, and risks of trade fraud, the Minister of Industry and Trade shall decide and publicly announce goods suspended from temporary importation and re-exportation, transfer business.

Article 41. Other Forms of Temporary Importation and Re-export

1. Except for temporary importation and re-export business as provided for in Article 39 of this Law, traders may temporarily import goods not listed in the Prohibited Export and Import Goods List; goods not subject to suspension of export or import under contracts with foreign countries for the purpose of warranty, maintenance, leasing, borrowing, or other purposes for a certain period of time, then re-exporting such goods out of Vietnam.

2. The procedures for temporary importation and re-export shall be carried out as follows:

a) Traders must have a permit for temporary importation and re-export for goods that are not allowed to circulate or be used in Vietnam; goods subject to management through export quotas, import quotas, tariff quotas, export licenses, or import licenses.

b) Traders only need to handle the procedures for temporary importation and re-export at customs authorities for goods not covered by point a of this clause.

3. The duration of temporary importation and re-export shall be implemented according to the agreement between the trader and the partner and registered with the customs authority where the temporary importation procedures are handled.

4. Goods subject to temporary importation and re-export when consumed domestically must comply with the regulations on the management of imported goods under this Law and other relevant laws.

5. The Government shall provide detailed regulations on this matter.

Article 42. Temporary Exportation and Re-importation of Goods

1. Traders may temporarily export and re-import goods for the purpose of warranty, maintenance, repair, production, construction, leasing, borrowing, display, exhibition, or other purposes under contracts with foreign countries.

2. The procedures for temporary exportation and re-importation shall be carried out as follows:

a) Traders must have a permit for temporary exportation and re-importation for goods listed in the Prohibited Export and Import Goods List; goods suspended from export or import; goods subject to management through export quotas, import quotas, tariff quotas, export licenses, or import licenses.

b) Traders only need to handle the procedures for temporary exportation and re-importation at customs authorities for goods not covered by point a of this clause.

3. The duration of temporary exportation and re-importation shall be implemented according to the agreement between the trader and the partner and registered with the customs authority where the temporary exportation procedures are handled.

4. Goods subject to temporary exportation and re-importation when consumed abroad must comply with the regulations on the management of exported goods under this Law and other relevant laws.

5. The Government shall provide detailed regulations on this matter.

Article 43. Transshipment of Goods

1. Traders engaged in transshipment of goods listed in the Prohibited Export and Import Goods List; goods suspended from export or import; goods not allowed to circulate or be used in Vietnam; goods subject to management through export quotas, import quotas, tariff quotas, export licenses, or import licenses must have a transshipment permit for goods, except in cases where transshipment does not go through a Vietnamese border gate.

2. Traders only need to handle the transshipment procedures at the customs authority of the border gate for goods not covered by Article 1 of this provision.

3. Goods undergoing transshipment through a Vietnamese border gate are subject to supervision by customs authorities until they are actually exported out of Vietnamese territory.

4. The Government shall provide detailed regulations on this matter.

Subsection 2

OVERSEAS GOODS

Article 44. Permission for Transit of Goods

1. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Public Security and the Ministry of National Defense to submit to the Prime Minister for consideration and decision on granting permission for the transit of goods that are weapons, explosives, explosive precursors, and support tools.

2. The Minister of Industry and Trade shall issue permits for the transit of goods listed in the Catalogue of Prohibited Export and Import Goods, temporarily suspended export and import goods, and goods prohibited from trading under the provisions of the law.

3. Goods not subject to the provisions of Clause 1 and Clause 2 of this Article may transit through the territory of Vietnam and only need to complete customs procedures at the first entry port and the last exit port according to the regulations of the Law on Customs.

4. The Government shall stipulate the procedures and formalities for issuing transit permits for goods as provided for in Clause 1 and Clause 2 of this Article.

Article 45. Principles Governing the Transit of Goods Activities

1. Goods for export transit must be the entire imported goods.

2. The organization and individuals from foreign countries implementing transit services for goods or themselves conducting transit of goods through the territory of Vietnam, hiring foreign traders to implement transit of goods through the territory of Vietnam shall be carried out in accordance with the provisions of the law on trade, international treaties to which the Socialist Republic of Vietnam is a member, and must comply with the provisions of Vietnamese law on exit, entry, transportation, and transport.

3. Transit of goods by air shall be carried out in accordance with the provisions of international aviation treaties to which the Socialist Republic of Vietnam is a member.

4. Goods transiting the territory of Vietnam must be under the supervision of the customs authority throughout the entire transit period, entering and exiting through the designated ports.

5. When domestic consumption occurs during the transit of goods, it must be carried out in accordance with the management regulations on the export and import of goods under this Law and other relevant laws.

Article 46. Ports and Transit Routes for Goods

1. Based on international treaties to which the Socialist Republic of Vietnam is a member, the Minister of Transport shall stipulate the routes for transporting goods in transit.

2. Goods can only transit through international ports and along the routes within the territory of Vietnam as specified in Clause 1 of this Article.

3. During the transit period, any change in the route for transporting goods in transit must be approved by the Minister of Transport.

Article 47. Transit Period

1. The maximum transit period in the territory of Vietnam is 30 days from the date of completing customs procedures at the entry port, except in cases where an extension is granted; in cases where goods are stored in Vietnam or damaged, or the means of transport carrying goods in transit are damaged during the transit period.

2. For goods stored in Vietnam or damaged, or the means of transport carrying goods in transit being damaged during the transit period, additional time is required for storage and repair, the transit period will be extended accordingly to the necessary time to carry out these tasks and must be approved by the customs authority handling the transit procedures; in cases where an extension of the transit period is granted for goods in transit as provided for in Clause 1 and Clause 2 of Article 44 of this Law, such extension must be approved by the Minister of Industry and Trade.

3. During the storage and repair period as provided for in Clause 2 of this Article, goods and means of transport carrying goods in transit must still be under the supervision of the customs authority.

Subsection 3

AGENT PURCHASE AND SALE OF GOODS FOR FOREIGN TRADERS

Article 48. Management of Activities of Acting as an Agent for Buying and Selling Goods for Foreign Merchants

1. A merchant may legally act as an agent for buying and selling goods for foreign merchants, except for goods listed in the Prohibited Export and Import Catalogue or temporarily suspended from import.

2. In cases where the merchant chooses to pay commission for acting as an agent for selling goods in cash, it shall be carried out in accordance with the provisions of the law on foreign exchange. In cases where the merchant chooses to pay commission for acting as an agent for selling goods in kind, such goods must not be listed in the Prohibited Export and Import Catalogue or temporarily suspended from export or import. In cases where the commission for acting as an agent for selling goods is paid in kind and such goods are subject to export and import under permits, permission from the competent state agency is required.

3. An agent for buying and selling goods for foreign merchants must go through export and import procedures, fulfill tax obligations and other financial obligations as prescribed by law.

Article 49. Management of Activities of Hiring Foreign Merchants as Agents for Buying and Selling Goods Abroad

A merchant may hire a foreign merchant as an agent for buying and selling goods abroad for goods that are not listed in the Prohibited Export and Import Catalogue or temporarily suspended from export.

Subsection 4

TRUST AND ACCEPTANCE OF TRUST FOR EXPORT AND IMPORT

Article 50. Management of Activities of Trust and Acceptance of Trust for Exporting and Importing Goods

1. A merchant may entrust exporting and importing goods that are not listed in the Prohibited Export and Import Catalogue or temporarily suspended from export or import.

2. For goods exported and imported under permits or conditions, the entrusting party or the accepting party must have the permit and meet the export and import conditions before signing the trust contract, except where otherwise provided by law.

3. In cases where the entrusting party is not a merchant, based on the contract signed in accordance with the provisions of the law, the entrusting party may entrust exporting and importing goods, except for goods listed in the Prohibited Export and Import Catalogue or temporarily suspended from export or import.

Subsection 5

PROCESSING GOODS FOR FOREIGN MERCHANDISERS AND PLACING GOODS FOR PROCESSING ABROAD

Article 51. Management of Activities of Accepting Processing of Goods for Foreign Merchants

1. A merchant may legally accept processing of goods for foreign merchants, except for goods listed in the Prohibited Export and Import Catalogue or temporarily suspended from export or import.

2. For goods exported and imported under permits, the merchant may only sign a contract to accept processing after obtaining approval from the Minister of Industry and Trade according to the procedures and formalities stipulated by the Government.

3. The Prime Minister decides to allow merchants to carry out processing activities for goods listed in the Prohibited Export and Import Catalogue, temporarily suspended from export or import, for foreign merchants for consumption abroad.

Article 52. Management of Activities of Placing Goods for Processing Abroad

1. A merchant may place goods for processing abroad that circulate legally.

2. The export of machinery, equipment, raw materials, auxiliary materials, supplies for processing and the import of processed products shall be carried out in accordance with the management regulations on export and import under this Law and other relevant laws.

3. Merchants shall fulfill tax obligations for the import of processed products for domestic consumption in accordance with the provisions of the law on taxation.

Section 7

FOREIGN TRADE ACTIVITIES WITH NEIGHBORING COUNTRIES

Article 53. Management of foreign trade with neighboring countries

1. Activities of foreign trade with countries sharing borders with Vietnam in border areas (hereinafter referred to as border trade activities) shall apply the following special management measures:

a) Regulations on goods, quantities of goods, tax exemption quotas, locations, and methods for the purchase and exchange of goods by border residents;

b) Regulations on goods, locations, methods, and support activities for the purchase and exchange of goods by traders who have been agreed upon in international treaties between the Socialist Republic of Vietnam and neighboring countries.

2. Principles in managing border trade activities include:

a) The State shall strengthen support and promote the autonomy and self-responsibility of local authorities at all levels along the border in organizing and managing border trade activities to facilitate the purchase and exchange of goods by traders and border residents;

b) Persons, means of transport, and goods involved in border trade activities shall be subject to inspection, examination, and control by competent state agencies in accordance with the provisions of the law;

c) Timely prevention and strict handling of violations of laws on trade and other relevant laws.

3. Border trade activities shall enjoy certain special management policies regarding location, goods, fees, charges, and payment methods as prescribed by law.

4. The Government shall provide detailed regulations on this matter.

Article 54. Mechanism for Managing Border Trade Activities at Land Border Gates

1. Border trade activities shall be carried out through international border gates and main border gates. In cases where border trade activities are conducted through other border gates or places opened for cross-border movement, such activities must comply with conditions and be subject to supervision and management by competent state agencies in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a member and related laws.

2. The People's Committee of the province with a border area shall decide and announce the list of other border gates and places opened for cross-border movement permitted to conduct border trade activities as stipulated in Clause 1 of this Article. In cases where exported or imported goods through these areas are obstructed, the People's Committee of the province with a border area may, based on infrastructure and technical conditions in those areas, apply preferential measures for exporting fresh live food and perishable agricultural products or temporarily suspend exports and imports until the obstruction is resolved.

3. The management of export and import of goods at land border gates must be unified, synchronized, closely coordinated, and administrative procedures simplified.

4. The Government shall provide detailed regulations on this matter.

Article 55. Policies for Managing and Developing Support Trade Activities in Border Gate Areas

1. Ministries, ministerial-level agencies, and local authorities at all levels shall be responsible for managing and developing the following support trade activities in border gate areas:

a) Activities supporting the implementation of administrative procedures as prescribed by relevant laws;

b) Activities enhancing logistics capabilities including cargo receipt and delivery, transportation, processing, packaging, loading and unloading, translation, security, and other logistics enhancement activities;

c) Financial and monetary activities including currency exchange, deposits, and payments;

d) Activities supporting market access and penetration capabilities in neighboring countries; consulting, brokerage, agency sales, consignment exports, imports, transshipment, advertising, trade fairs, and exhibitions;

đ) Infrastructure support activities including roads, electricity, water, border markets, product display shops, warehouses, parking lots, electronic weighing stations, fire prevention, and firefighting;

e) Other support trade activities in border gate areas as prescribed by law.

2. The Government shall adopt policies to encourage traders from all economic sectors to invest in, develop, and organize the implementation of support trade activities in border gate areas as stipulated in Clause 1 of this Article.

Section 8

MANAGEMENT OF GOODS FOR THE CUSTOMS ZONE

Article 56. Application of export goods management measures to special customs zones

1. Export trade control measures shall be applied to goods moved from special customs zones to foreign countries as if they were goods moved from domestic areas to foreign countries.

2. Export trade control measures shall not be applied to goods moved from domestic areas into special customs zones.

3. Export goods management measures shall only be applied once to special customs zones.

4. Goods specified in Clause 2 of this Article must be subject to supervision by customs authorities in accordance with laws on customs and other relevant laws.

Article 57. Application of import goods management measures to special customs zones

1. Import trade control measures shall be applied to goods moved from special customs zones into domestic areas as if they were goods moved from foreign countries into the territory of Vietnam.

2. Import trade control measures, except for import prohibitions, temporary suspensions of imports, and quarantine measures, shall not be applied to goods moved from foreign countries into special customs zones.

3. Import goods management measures shall only be applied once to special customs zones.

4. Goods specified in Clause 2 of this Article must be subject to supervision by customs authorities in accordance with laws on customs and other relevant laws.

Article 58. Application of goods trading management measures between special customs zones

1. Import trade control measures shall not be applied to goods traded or transported between special customs zones within the territory of Vietnam.

2. The transportation of goods between special customs zones must be subject to supervision by customs authorities in accordance with laws on customs and other relevant laws.

Article 59. Exceptions

In cases where it is necessary to combat commercial fraud and illegal transshipment, the Prime Minister may permit the application or non-application of one or more trade control measures to goods specified in Articles 56, 57, and 58 of this Law.

Chapter III

TECHNICAL MEASURES AND QUARANTINE

Section 1

APPLICATION OF TECHNICAL MEASURES AND QUARANTINE

Article 60. Objectives and principles for applying technical measures and quarantine

1. The application of technical measures and quarantine aims to meet requirements for product quality; protect human health safety; protect animals, plants, ecological environments, biodiversity; prevent and control infectious diseases; and ensure national security and interests.

2. The application of technical measures and quarantine must comply with the following principles:

a) Transparency, non-discrimination, and avoidance of unnecessary barriers to foreign trade, especially for export goods;

b) Risk-based management methods, ensuring regulatory requirements and compliance with international treaties to which the Socialist Republic of Vietnam is a member;

c) Compliance with other principles stipulated by laws on product quality, standards and technical regulations, food safety, measurement, plant and animal quarantine, disease prevention and control.

Article 61. Application of technical measures to exported and imported goods

1. Exported and imported goods must be declared according to applicable standards and labeling requirements under the law.

2. Imported goods listed in the Catalogue of products and goods that may cause safety risks must comply with corresponding technical regulations and other management measures prescribed by laws on product quality, standards, and technical regulations.

3. Imported processed foods, pre-packaged foods, food additives, food processing aids, packaging materials, and containers for food that have technical regulations must comply with the provisions of Clause 2 of this Article.

4. Imported foods, food additives, food processing aids, packaging materials for food without technical regulations must be declared in compliance with food safety regulations and registered with competent state agencies.

5. Exported and imported functional foods, nutrient-enriched foods, genetically modified foods, irradiated foods must have a free circulation certificate or a health certificate as prescribed by law.

6. Imported measuring instruments used for quantifying goods and services in transactions, payments, ensuring safety, protecting public health, environmental protection, inspections, judicial appraisals, and other official activities must be controlled in accordance with laws on measurement.

7. Procedures for applying technical measures to exported and imported goods shall be carried out in accordance with laws on product quality, standards, technical regulations, food safety, and measurement.

Article 62. Application of animal quarantine measures

1. Goods that are animals or animal products subject to quarantine before export, import, temporary import for re-export, temporary export for re-import, transfer of customs checkpoints, storage in bonded warehouses, transit through the territory of Vietnam must be quarantined in accordance with the provisions of the Law on Animal Health.

2. The contents, procedures, and formalities for quarantining animals and animal products before export, import, temporary import for re-export, temporary export for re-import, transfer of customs checkpoints, storage in bonded warehouses, transit through the territory of Vietnam shall be carried out in accordance with the provisions of the Law on Animal Health.

Article 63. Application of plant quarantine measures

1. Goods that are objects subject to plant quarantine before export, import, temporary import for re-export, temporary export for re-import, transfer of customs checkpoints, storage in bonded warehouses, transit through the territory of Vietnam must be quarantined in accordance with the provisions of the Law on Plant Protection and Quarantine.

2. Goods that are crop varieties not included in the List of Crop Varieties Permitted for Production and Business in Vietnam, beneficial organisms used in plant protection in Vietnam must be quarantined after import at a plant quarantine isolation zone.

3. The contents, procedures, and formalities for quarantining plants for export, import, temporary import for re-export, temporary export for re-import, transfer of customs checkpoints, storage in bonded warehouses, transit through the territory of Vietnam shall be carried out in accordance with the provisions of the Law on Plant Protection and Quarantine.

Article 64. Application of border health quarantine measures

1. Goods subject to border health quarantine before export, import, transit through the territory of Vietnam must be quarantined in accordance with the provisions of the Law on Prevention and Control of Infectious Diseases.

2. The contents, procedures, and formalities for border health quarantine shall be carried out in accordance with the provisions of the Law on Prevention and Control of Infectious Diseases.

Section 2

APPLICATION OF MEASURES FOR INSPECTION OF EXPORT AND IMPORT GOODS

Article 65. Goods subject to inspection for export and import

1. Goods subject to inspection for export and import include:

a) Goods that must apply technical measures and quarantine measures prescribed in Articles 61, 62, 63, and 64 of this Law;

b) Goods that have the potential to cause safety risks or goods that pose safety risks according to warnings from international, regional, or foreign organizations;

c) Goods that authorities discover to be non-compliant and require enhanced inspection in accordance with the law.

2. Goods specified in Clause 1 of this Article shall be inspected in accordance with the principles stipulated in Clause 2 of Article 60 of this Law and shall be conducted by agencies or organizations designated by competent state authorities.

3. The Minister, Head of a Government Agency at the ministerial level, within their scope of duties and authority, shall issue a List of goods subject to inspection as prescribed in Clause 1 of this Article.

Article 66. Agencies and Organizations Conducting Inspections

1. Ministries, ministerial-level agencies, provincial People's Committees shall be responsible for organizing inspections in their respective fields and areas as assigned and delegated in accordance with the law.

2. Ministries, ministerial-level agencies, provincial People's Committees as prescribed in Clause 1 of this Article shall publicly announce the names and addresses of specialized inspection agencies and organizations under their management.

3. The procedures and formalities for inspections must be publicly announced and transparently disclosed by the agencies and organizations conducting the inspections.

Chapter IV

TRADE DEFENSE MEASURES

Section 1

GENERAL PROVISIONS

Article 67. Anti-dumping, Countervailing and Safeguard Measures

1. Anti-dumping, countervailing and safeguard measures include anti-dumping measures, countervailing measures, and safeguard measures decided by the Minister of Industry and Trade to apply to imported goods into Vietnam in specific cases.

2. The Government shall provide detailed regulations on determining damage to domestic production industries; preventing circumvention of anti-dumping measures; bases for conducting, procedures, formalities, deadlines, contents, bases for terminating anti-dumping investigations (hereinafter referred to as investigations); applying, reviewing anti-dumping measures; determining subsidies and countervailing measures; responsibilities for coordination among relevant agencies during the investigation process; handling anti-dumping measures applied to Vietnamese exported goods.

3. The Minister of Industry and Trade shall provide detailed regulations on related parties in the investigation case, activities of providing, collecting information and documents and information and document confidentiality; languages and scripts during the investigation process; management of imported goods subject to investigation, application of anti-dumping measures; cases exempted from application of anti-dumping measures.

Article 68. Principles for Applying Anti-dumping, Countervailing and Safeguard Measures

1. Such measures shall be applied within necessary and reasonable scope and duration aimed at protecting, preventing or limiting damage to domestic production industries.

2. They may only be applied after transparent, fair, and lawful investigations in accordance with legal provisions and based on investigation conclusions.

3. Decisions on initiating investigations and applying anti-dumping, countervailing and safeguard measures shall be publicly announced.

4. No difference in tax amount shall be collected if the final anti-dumping duty rate is higher than the provisional anti-dumping duty rate.

5. The difference in tax amount shall be refunded if the final anti-dumping duty rate is lower than the provisional anti-dumping duty rate.

6. If the Minister of Industry and Trade decides not to apply the final anti-dumping measure, the provisional anti-dumping duties already collected or the guarantees for payment of provisional anti-dumping duties must be refunded.

Article 69. Damage to Domestic Production Industries

1. A domestic production industry is a group of domestic producers of like products within the territory of Vietnam or their representatives who account for a significant share of the total production volume of that industry produced domestically. In cases where a domestic producer directly imports the investigated goods or has a relationship with exporters or importers of the investigated goods, such a producer may not be considered a domestic producer.

Like products are goods having all characteristics identical to those of the investigated goods. In the absence of such goods, like products are goods having a substantial number of basic characteristics similar to those of the investigated goods.

2. Damage to domestic production industries is determined as follows:

a) Significant injury to a domestic production industry is a material decline or constraint on the growth of the production and business activities of the domestic production industry;

b) Threat of significant injury to a domestic production industry is a clear and verifiable likelihood of causing significant injury to the domestic production industry;

c) Prevention of the establishment of a domestic production industry is a situation leading to difficulties in establishing a domestic production industry;

d) Serious injury to a domestic production industry is a general decline in the production and business activities of the domestic production industry;

đ) Threat of serious injury to a domestic production industry is a clear and verifiable likelihood of causing serious injury to the domestic production industry.

Article 70. Procedures and Formalities for Investigating Anti-Dumping and Countervailing Measures Cases

1. Organizations and individuals representing domestic production industries have the right to submit applications requesting the application of anti-dumping and countervailing measures when they identify that imported goods are being sold at dumped prices, subsidized, or imported in excessive quantities causing damage to the domestic production industry.

2. Within forty-five days from the date of notification of a valid application, based on the recommendation of the Anti-Dumping and Countervailing Investigation Authority (hereinafter referred to as the Investigation Authority), the Minister of Industry and Trade decides whether to initiate an investigation or not. In special cases, the issuance of such a decision may be extended once but not exceeding thirty days.

3. The investigation period is stipulated as follows:

a) The investigation to apply anti-dumping and countervailing measures shall be concluded within twelve months from the date of the investigation decision. In special cases, the Minister of Industry and Trade has the authority to extend the investigation period, but the total investigation period shall not exceed eighteen months;

b) The investigation to apply safeguard measures shall be concluded within nine months from the date of the investigation decision. In special cases, the Minister of Industry and Trade has the authority to extend the investigation period, but the total investigation period shall not exceed twelve months.

4. Consultation during the investigation process shall be conducted as follows:

a) During the investigation, parties involved in the case have the right to present in writing to the Investigation Authority information and opinions related to the investigation case;

b) The Investigation Authority is responsible for providing consultation opportunities for the parties involved upon their written request according to point a of this clause;

c) Prior to publishing the final investigation conclusion, the Investigation Authority may organize public consultations to facilitate the presentation of information and opinions by the parties involved in the investigation case.

5. Notification responsibilities are stipulated as follows:

a) Not later than fifteen days from the date the Minister of Industry and Trade issues the decision to conduct an anti-dumping and countervailing investigation, the Investigation Authority is responsible for notifying the government of the country where the organizations and individuals producing and exporting the goods are located, as well as other relevant parties about the commencement of the investigation;

b) The Investigation Authority is responsible for publicly announcing preliminary investigation conclusions, final investigation conclusions, acceptance of commitments, and termination of investigations to the parties involved in the investigation case;

c) The Investigation Authority fulfills other notification obligations in accordance with international treaties to which the Socialist Republic of Vietnam is a member.

Article 71. Termination of Anti-Dumping and Countervailing Measures Investigations

The Minister of Industry and Trade decides to terminate the investigation in the following cases:

1. Organizations and individuals who submitted the application for the application of anti-dumping and countervailing measures voluntarily withdraw their application;

2. The preliminary investigation conclusion of the Investigation Authority determines that there is no damage or threat of damage to the domestic production industry or that it does not prevent the establishment of the domestic production industry;

3. The final investigation conclusion contains one of the following contents:

a) Goods under investigation imported into the territory of Vietnam are not being sold at dumped prices, are not subsidized, or are not imported in excessive quantities;

b) There is no damage to the domestic production industry as specified in Clause 2 of Article 69 of this Law;

c) There is no causal relationship between the importation of goods sold at dumped prices, subsidized, or imported in excessive quantities and the damage or threat of damage to the domestic production industry or prevention of its establishment;

4. The Investigation Authority reaches an agreement with the competent authority of the country from which the goods alleged to be subsidized are imported into the territory of Vietnam regarding the removal of subsidies on imported goods.

Article 72. Anti-circumvention of anti-dumping measures

1. Circumventing anti-dumping measures is an act aimed at evading part or all of the obligations to implement anti-dumping measures currently in effect for goods subject to such measures when imported into the territory of Vietnam.

2. Anti-dumping measures currently being applied may be expanded if the Investigating Authority determines that there is circumvention of anti-dumping measures.

3. The Investigating Authority may conduct investigations into acts of circumventing anti-dumping measures based on requests from domestic industry representatives or information obtained by the Investigating Authority.

4. Based on the conclusions of the Investigating Authority, the Minister of Industry and Trade shall issue a decision on the application of anti-circumvention measures against imported goods and components from countries under investigation.

Article 73. Investigating Authority

1. The Investigating Authority is established by the Government and is part of the organizational structure of the Ministry of Industry and Trade.

2. The Investigating Authority has the following duties and powers:

a) Receiving files from organizations and individuals requesting an investigation into the application of anti-dumping measures and notifying whether the file is valid or requiring organizations and individuals to supplement the file and documents;

b) Recommending the Minister of Industry and Trade to issue a decision to initiate an investigation or not to investigate the application of anti-dumping measures;

c) Organizing investigations into the application of anti-dumping measures; investigating acts of circumventing anti-dumping measures;

d) Recommending the Minister of Industry and Trade to issue a decision to apply anti-dumping measures; applying anti-circumvention measures; changing anti-dumping measures based on the investigation conclusions and review conclusions;

đ) Conducting reviews of anti-dumping measures;

e) Recommending the Minister of Industry and Trade to terminate investigations, terminate the application of anti-dumping measures;

g) Leading participation in resolving disputes through bilateral and multilateral mechanisms in the investigation and application of anti-dumping measures on goods imported into Vietnam and Vietnamese goods exported abroad which are subject to foreign investigations into the application of anti-dumping measures;

h) Leading support and response to cases initiated by foreign countries involving the application of anti-dumping measures on Vietnamese goods exported abroad;

i) Leading the development of compensation plans and negotiations in self-defense investigations on goods imported into the territory of Vietnam;

k) Inspecting and supervising the implementation of anti-dumping measures by organizations and individuals related to the investigation and application of anti-dumping measures;

l) Other duties and powers as prescribed by law.

3. The head of the Investigating Authority is appointed, relieved of duty, or dismissed by the Minister of Industry and Trade; responsible for organizing and directing the Investigating Authority to perform the duties and powers stipulated in Clause 2 of this Article.

4. The Minister of Industry and Trade shall provide detailed regulations on the duties, powers, and organizational structure of the Investigating Authority.

Article 74. Parties involved in the investigation case

1. Parties involved in the investigation case include:

a) Organizations and individuals outside the country producing and exporting goods to the territory of Vietnam under investigation;

b) Organizations and individuals importing goods under investigation;

c) Foreign associations with the majority of members being organizations and individuals producing and exporting goods under investigation;

d) Government and competent authorities of the exporting country of the goods under investigation;

đ) Organizations and individuals having a request file for the application of trade defense measures;

e) Domestic organizations and individuals producing similar goods;

g) Domestic associations with the majority of members being organizations and individuals producing similar goods;

h) Other organizations and individuals who have legal rights and interests related to the investigation case or may be helpful to the investigation process or represent consumer interests.

2. Organizations and individuals must register and be approved by the Investigating Authority to become parties involved in the investigation case.

3. Parties involved in the investigation case are entitled to access information and documents provided by other parties to the Investigating Authority, except for information and documents specified in Clause 2 of Article 75 of this Law.

Article 75. Provision, collection of information and documents and confidentiality during the investigation of trade defense cases

1. Parties involved in the investigation case are responsible for providing necessary information and documents upon request of the Investigating Authority.

2. During the investigation, the Investigating Authority and those with access to information and documents related to the case are responsible for maintaining confidentiality of such information and documents according to the requirements of the information and document provider.

3. In necessary cases, the Investigating Authority has the right to conduct expert examination or inspection, verification of the authenticity of information and documents provided by parties or collect additional necessary information and documents to resolve the trade defense case. The Investigating Authority has the right to conduct on-site investigations, including investigations abroad.

4. In the event that the investigated party refuses to allow the Investigating Authority to access or refuses to provide important information and documents affecting the investigation, the Investigating Authority has the right to use information and documents provided by parties, information and documents collected independently by the Investigating Authority, or existing information and documents to draw investigative conclusions based on such information and documents.

Article 76. Handling in cases where Vietnamese exported goods are under investigation and subject to trade defense measures

1. When Vietnamese traders are investigated and subject to trade defense measures by importing countries, based on the proposal of industry associations and relevant traders, the Ministry of Industry and Trade shall take the lead and coordinate with ministries, agencies at the ministerial level, and other state management agencies with authority to implement the following assistance activities for traders within their scope of duties and powers:

a) Providing information related to the case;

b) Exchanging with the importing country conducting the investigation and applying trade defense measures against Vietnamese exported goods;

c) Initiating litigation against the importing country when discovering violations of international treaties to which the Socialist Republic of Vietnam is a member;

d) Other assistance activities as prescribed by law.

2. In cases where Vietnamese traders are investigated and subject to anti-subsidy measures by importing countries, the Ministry of Industry and Trade shall take the lead and coordinate with ministries, agencies at the ministerial level, and provincial people's committees to develop plans to cooperate with foreign investigating authorities in accordance with international treaties to which the Socialist Republic of Vietnam is a member.

3. In cases where Vietnamese traders are investigated and subject to safeguard measures by importing countries, the Ministry of Industry and Trade shall take the lead and coordinate with ministries, agencies at the ministerial level, and relevant organizations and individuals to develop plans for compensation claims and retaliation in accordance with international treaties to which the Socialist Republic of Vietnam is a member.

Section 2

RESISTANCE TO DUMPING OF IMPORTED GOODS INTO VIETNAM

Article 77. Anti-dumping Measures

1. Anti-dumping measures against imported goods into Vietnam (hereinafter referred to as anti-dumping measures) are measures applied in cases where goods are determined to be dumped when imported into Vietnam causing significant damage or threatening to cause significant damage to the domestic industry or preventing the establishment of the domestic industry.

2. Goods are determined to be dumped when imported into Vietnam at a price lower than the normal value, which is the comparable price of similar goods sold in the exporting country or in a third country under normal trade conditions or the price determined by the investigating authority through self-calculating methods.

3. Anti-dumping measures include:

a) Imposing anti-dumping duties;

b) Commitments by organizations and individuals producing and exporting goods subject to anti-dumping measures to take measures to eliminate dumping with the Vietnamese investigating authority or with domestic producers if approved by the investigating authority.

Article 78. Conditions for Applying Anti-dumping Measures

1. Anti-dumping measures shall be applied to imported goods when the following conditions are met:

a) Imported goods into Vietnam are being dumped with a specific dumping margin, except in the case provided for in Clause 2 of this Article;

b) The domestic industry is suffering significant damage or threatened with significant damage or prevented from establishing itself;

c) There exists a causal relationship between the importation of dumped goods as specified in point a of this clause and the damage to the domestic industry as specified in point b of this clause.

2. Anti-dumping measures shall not be applied to imported goods with a dumping margin not exceeding 2% of the export price of the goods into Vietnam.

3. In cases where imported goods originating from a country have a volume or quantity not exceeding 3% of the total volume or quantity of similar goods imported into Vietnam and the total volume or quantity of goods originating from countries meeting the above conditions does not exceed 7% of the total volume or quantity of similar goods imported into Vietnam, these countries shall be excluded from the scope of application of anti-dumping measures.

Article 79. Basis for Conducting Investigations on the Application of Anti-dumping Measures

1. An investigation on the application of anti-dumping measures shall be conducted when there is a request file for applying such measures submitted by an organization or individual representing the domestic industry.

2. An organization or individual submitting a request file for applying anti-dumping measures shall be considered as representing the domestic industry when the following conditions are met:

a) The total volume or quantity of similar goods produced by domestic producers submitting the request and supported by domestic producers in requesting the application of anti-dumping measures must be greater than the total volume or quantity of similar goods produced by domestic producers opposing the request for the application of anti-dumping measures;

b) The total volume or quantity of similar goods produced by domestic producers submitting the request and supported by domestic producers in requesting the application of anti-dumping measures must account for at least 25% of the total volume or quantity of similar goods produced by the domestic industry.

3. The Minister of Industry and Trade shall be responsible for deciding to conduct an investigation when there is clear evidence that the importation of dumped goods is causing significant damage or threatening to cause significant damage to the domestic industry or preventing the establishment of the domestic industry.

Article 80. Content of investigation for the application of anti-dumping measures

1. Determining the dumped imported goods into Vietnam and the dumping margin includes:

a) Determining the normal value;

b) Determining the export price;

c) Conducting a fair comparison between the normal value and the export price and determining the specific dumping margin of the subject goods under investigation for each producing and exporting organization or individual (hereinafter referred to as the producer, exporter).

2. Determining significant injury or threat of significant injury to the domestic industry or prevention of the establishment of the domestic industry.

3. Determining the causal relationship between the importation of dumped goods and the significant injury or threat of significant injury to the domestic industry or prevention of the establishment of the domestic industry.

4. Determining the impact of anti-dumping measures on the economy and society.

Article 81. Application of anti-dumping measures

1. The application of provisional anti-dumping duties shall be decided by the Minister of Industry and Trade based on the preliminary conclusions of the investigating authority. The provisional anti-dumping duty rate shall not exceed the dumping margin in the preliminary conclusions.

The duration of the provisional anti-dumping duty shall not exceed 120 days from the date the decision on the provisional anti-dumping duty takes effect. When requested by organizations or individuals exporting similar goods to Vietnam, the Minister of Industry and Trade may extend the application of the provisional anti-dumping duty but not more than 60 days.

2. The application of commitment measures shall be carried out as follows:

a) After the preliminary conclusion and before the end of the investigation, the producer or exporter of the investigated goods may make a commitment with the investigating authority regarding voluntary adjustment of prices or voluntary limitation of the volume or quantity of the investigated goods exported to Vietnam;

b) The investigating authority may accept, not accept, or propose adjustments to the content of the commitment based on the opinions of organizations or individuals representing the domestic industry.

3. The application of anti-dumping duties shall be carried out as follows:

a) In cases where commitments as stipulated in Clause 2 of this Article are not reached, after the completion of the investigation, the investigating authority shall publish the final conclusion on the contents of the investigation as provided for in Article 80 of this Law. The final conclusion of the investigating authority and the main grounds for issuing the final conclusion must be notified to the parties concerned in the investigation case through appropriate means;

b) Based on the final conclusion of the investigating authority, the Minister of Industry and Trade shall issue a decision to apply or not apply anti-dumping duties;

c) The anti-dumping duty rate shall not exceed the dumping margin in the final conclusion;

d) The duration of the application of anti-dumping duties shall not exceed five years from the date the decision on the application of anti-dumping duties takes effect, except in cases extended according to Clause 2 of Article 82 of this Law.

4. The application of retroactive anti-dumping duties shall be carried out as follows:

a) In cases where the final conclusion of the investigating authority determines that there is significant injury or threat of significant injury to the domestic industry, the Minister of Industry and Trade may decide to apply retroactive anti-dumping duties;

b) Retroactive anti-dumping duties shall be applied to goods imported within 90 days prior to the application of provisional anti-dumping duties if such goods are determined to be dumped; the volume or quantity of dumped goods imported into Vietnam increases sharply during the period from the initiation of the investigation to the application of provisional anti-dumping duties and causes injury to the domestic industry that is difficult to remedy.

Article 82. Review of Anti-Dumping Measures Implementation

1. The review upon request from a party involved in the investigation shall be carried out as follows:

a) Within one year from the date of the decision to apply anti-dumping measures, the Minister of Industry and Trade has the authority to decide on reviewing the implementation of anti-dumping measures based on a request from one or more parties involved in the investigation and on the basis of evidence provided by the requesting party;

b) The procedures related to the review process shall not hinder the application of existing anti-dumping measures;

c) The review period specified herein shall not exceed six months from the date of the review decision, and may be extended once but not exceeding three months if necessary.

2. The final review shall be conducted as follows:

a) One year before the expiration of the period for applying anti-dumping measures, the Minister of Industry and Trade issues a decision to initiate a final review of the application of anti-dumping measures;

b) The content of the review aims to determine the necessity, reasonableness, and economic and social impact of continuing the application of anti-dumping measures;

c) Based on the review results of the Investigating Authority, the Minister of Industry and Trade issues a decision to extend or not to extend the application of anti-dumping measures;

d) The final review period shall not exceed nine months from the date of the review decision, and may be extended once but not exceeding three months if necessary.

3. The review of foreign producers/exporters who did not sell the investigated goods into Vietnam during the initial investigation period but later exported such goods into Vietnam (hereinafter referred to as new exporters) shall be carried out as follows:

a) New exporters may submit an application to the Investigating Authority to conduct a review and determine a specific anti-dumping duty rate;

b) Based on the review results of the Investigating Authority, the Minister of Industry and Trade issues a decision to apply a specific anti-dumping duty rate for the newly reviewed exporter;

c) The review period for new exporters shall not exceed three months from the date of the review decision, and may be extended once but not exceeding three months if necessary.

4. The review of the scope of goods subject to anti-dumping measures shall be carried out as follows:

a) Parties involved in the investigation may request the Investigating Authority to review the scope of goods subject to anti-dumping measures;

b) The application for review shall include evidence and information proving that the application of anti-dumping measures to all goods subject to such measures is inappropriate;

c) Based on the conclusion of the review by the Investigating Authority, the Minister of Industry and Trade decides to adjust the scope of goods subject to anti-dumping measures;

d) The review period for the scope of goods subject to anti-dumping measures shall not exceed six months from the date of the review decision, and may be extended once but not exceeding three months if necessary.

Section 3

COUNTERTMEASURES AGAINST IMPORTED GOODS INTO VIETNAM

Article 83. Anti-subsidy Measures

1. Anti-subsidy measures against imported goods into Vietnam (hereinafter referred to as anti-subsidy measures) are measures applied in cases where subsidized goods when imported into Vietnam cause significant damage or threaten to cause significant damage to domestic industries or prevent the establishment of domestic industries.

2. Anti-subsidy measures include:

a) Imposing anti-subsidy duties;

b) Commitments by organizations, individuals, or the government of the exporting country with the competent authority of Vietnam regarding the voluntary cessation of subsidies, reduction of subsidy levels, or commitments to adjust export prices;

c) Other anti-subsidy measures.

Article 84. Subsidies

Subsidies are contributions from the Government or any public organization in the exporting country in the following forms that benefit the recipient organizations or individuals:

1. The Government actually transfers capital directly to organizations or individuals or assumes direct debt for organizations or individuals;

2. The Government waives or does not collect amounts due from organizations or individuals to the Government;

3. The Government provides organizations or individuals with assets, goods, or services that are not common infrastructure;

4. The Government purchases assets, goods, or services from organizations or individuals at prices higher than market prices;

5. The Government sells assets, goods, or services to organizations or individuals at prices lower than market prices;

6. The Government contributes funds to a funding mechanism; entrusts, assigns, directs, or requests private organizations to perform activities typically within the purview of the Government and which, in practice, do not differ from the usual activities of the Government;

7. Any form of income or price support;

8. Any other form of subsidy not covered under paragraphs 1, 2, 3, 4, 5, 6, and 7 of this Article determined based on principles of fairness and reasonableness and not contrary to international treaties to which the Socialist Republic of Vietnam is a party.

Article 85. Subsidies Subject to Anti-subsidy Measures

The following subsidies may be subject to anti-subsidy measures, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise:

1. Export-based subsidies;

2. Subsidies aimed at promoting the use of domestically produced goods over imported goods;

3. Subsidies specified in Article 84 of this Law that render ineffective or affect rights directly or indirectly enjoyed by Vietnam under international treaties to which the Socialist Republic of Vietnam is a party.

Article 86. Conditions for Applying Anti-subsidy Measures

1. Anti-subsidy measures shall be applied to imported goods when the following conditions are met:

a) Goods are determined to have subsidies according to Articles 84 and 85 of this Law, and the level of subsidy is specifically determined, except in the case provided for in Clause 2 of this Article;

b) The domestic industry is suffering significant damage or threatened with significant damage or prevented from establishing itself;

c) There exists a causal relationship between the importation of subsidized goods as specified in point a of this clause and the damage to domestic industries as specified in point b of this clause.

2. Anti-subsidy measures shall not be applied to producers or exporters from developed countries with subsidy levels not exceeding 1% of the export price of goods into Vietnam, producers or exporters from developing countries with subsidy levels not exceeding 2% of the export price of goods into Vietnam, and producers or exporters from least developed countries with subsidy levels not exceeding 3% of the export price of goods into Vietnam.

3. In cases where imported goods originating from a developing country have quantities or volumes not exceeding 4% of the total quantity or volume of similar goods imported into Vietnam, and the total quantity or volume of goods originating from developing countries meeting the above condition does not exceed 9% of the total quantity or volume of similar goods imported into Vietnam, such countries shall be excluded from the scope of application of anti-subsidy measures.

Article 87. Grounds for conducting investigations to apply anti-subsidy measures

1. An investigation to apply anti-subsidy measures shall be conducted when there is a request file for applying anti-subsidy measures submitted by organizations or individuals representing the domestic production industry.

2. Organizations or individuals submitting a request file for applying anti-subsidy measures shall be considered as representatives of the domestic production industry if they meet all of the following conditions:

a) The total volume or quantity of similar goods produced by domestic producers who submit the request file and support the application of anti-subsidy measures must be greater than the total volume or quantity of similar goods produced by domestic producers opposing the application of anti-subsidy measures;

b) The total volume or quantity of similar goods produced by domestic producers who submit the request file and support the application of anti-subsidy measures must account for at least 25% of the total volume or quantity of similar goods produced by the domestic production industry.

3. The Minister of Industry and Trade shall be responsible for deciding to conduct an investigation when there is clear evidence that imported subsidized goods cause significant damage or threaten to cause significant damage to the domestic production industry or hinder the establishment of the domestic production industry.

Article 88. Contents of investigations to apply anti-subsidy measures

1. Determining the subsidized imported goods and the level of subsidy including:

a) Determining the value of the subsidy;

b) Determining the export price;

c) Determining the specific subsidy rate for each producer or exporter from abroad.

2. Determining significant damage or threat of significant damage to the domestic production industry or hindering the establishment of the domestic production industry including:

a) Determining the volume and quantity of subsidized imported goods and their impact on the price of similar goods in the domestic market;

b) Determining the impact of subsidized imported goods on the domestic production industry.

3. Establishing the causal relationship between the importation of subsidized goods and significant damage or threat of significant damage to the domestic production industry or hindering the establishment of the domestic production industry.

4. Determining the impact of anti-subsidy measures on the economy and society.

Article 89. Application of anti-subsidy measures

1. The temporary anti-subsidy duty shall be decided by the Minister of Industry and Trade based on the preliminary findings of the investigating authority. The temporary anti-subsidy duty shall not exceed the subsidy amount in the preliminary findings.

The duration of the temporary anti-subsidy duty shall not exceed 120 days from the date the decision on the temporary anti-subsidy duty takes effect. The Minister of Industry and Trade may extend the application of the temporary anti-subsidy duty but not more than 60 days.

2. The application of commitment measures shall be carried out as follows:

a) After the preliminary findings and before the conclusion of the investigation, organizations or individuals producing or exporting the investigated goods or the government subsidizing the goods may make commitments with the investigating authority regarding voluntarily ending subsidies, reducing subsidy levels, committing to adjust export prices, or applying other appropriate measures;

b) The investigating authority may accept, not accept, or propose adjustments to the content of the commitment based on the opinions of organizations or individuals representing the domestic industry.

3. The application of the anti-subsidy duty shall be carried out as follows:

a) In cases where commitments under Clause 2 of this Article are not reached, after the conclusion of the investigation, the investigating authority shall publish the final conclusions on the contents of the investigation as stipulated in Article 88 of this Law. The final conclusions of the investigating authority and the main bases for issuing the final conclusions must be notified to the relevant parties through appropriate means;

b) Based on the final conclusions of the investigating authority, the Minister of Industry and Trade shall issue a decision to apply or not apply the anti-subsidy duty;

c) The anti-subsidy duty shall not exceed the subsidy amount in the final conclusions;

d) The duration of the application of the anti-subsidy duty shall not exceed five years from the date the decision on the application of the anti-subsidy duty takes effect, except in cases extended according to Clause 2 of Article 90 of this Law.

4. The retroactive application of the anti-subsidy duty shall be carried out as follows:

a) If the final conclusions of the investigating authority determine that there is significant damage or a threat of significant damage to the domestic production industry, the Minister of Industry and Trade may decide to apply the anti-subsidy duty with retroactive effect;

b) The anti-subsidy duty shall be applied retroactively to goods imported within 90 days prior to the application of the temporary anti-subsidy duty if the imported goods are determined to have subsidies; the volume or quantity of subsidized goods imported into Vietnam increases sharply during the period from the start of the investigation to the application of the temporary anti-subsidy duty and causes irreparable damage to the domestic production industry.

5. The application of other anti-subsidy measures shall be carried out in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a member or according to the principles of international law.

Article 90. Review of the Application of Anti-subsidy Measures

1. The review upon request from a party involved in the investigation shall be carried out as follows:

a) Within one year from the date of the decision to apply anti-subsidy measures, the Minister of Industry and Trade has the authority to decide on reviewing the application of anti-subsidy measures upon the request of one or more interested parties in the investigation case and based on the examination of evidence provided by the requesting party;

b) The conduct of procedures related to the review process shall not obstruct the effective implementation of existing anti-subsidy measures;

c) The review period specified herein shall not exceed six months from the date of the review decision, and may be extended once but not exceeding three months if necessary.

2. The final review shall be conducted as follows:

a) One year before the expiration of the period for applying anti-subsidy measures, the Minister of Industry and Trade issues a decision to initiate a final review of the application of anti-subsidy measures;

b) The content of the review aims to determine the necessity, reasonableness, and economic and social impact of continuing the application of anti-subsidy measures;

c) Based on the results of the review conducted by the Investigating Authority, the Minister of Industry and Trade issues a decision to extend or not extend the application of anti-subsidy measures;

d) The final review period shall not exceed nine months from the date of the review decision, and may be extended once but not exceeding three months if necessary.

3. The review of new exporters shall be carried out as follows:

a) A new exporter may submit an application to the Investigating Authority to request a review and determination of a specific anti-subsidy rate;

b) Based on the results of the review conducted by the Investigating Authority, the Minister of Industry and Trade issues a decision to apply a specific anti-subsidy rate for the newly reviewed exporter;

c) The review period for a new exporter shall not exceed three months from the date of the review decision, and in exceptional cases, it may be extended once but not exceeding three months;

4. The review of the scope of goods subject to anti-subsidy measures shall be carried out as follows:

a) Interested parties in the investigation case may request the Investigating Authority to review the scope of goods subject to anti-subsidy measures;

b) The application for review shall include evidence and information proving that the application of anti-subsidy measures to all goods subject to such measures is inappropriate;

c) Based on the conclusion of the review conducted by the Investigating Authority, the Minister of Industry and Trade decides to adjust the scope of goods subject to anti-subsidy measures;

d) The review period for the scope of goods subject to anti-subsidy measures shall not exceed six months from the date of the review decision, and in exceptional cases, it may be extended once but not exceeding three months;

5. The review due to changed circumstances shall be carried out as follows:

a) At any time after the anti-subsidy duty officially takes effect, if one or more interested parties in the investigation case find that new circumstances have significantly altered the level of subsidy of the goods subject to the official anti-subsidy measures, leading to the absence of subsidy or insignificant subsidy, or no longer causing significant damage or threat of significant damage to the domestic industry or preventing the establishment of a domestic industry, then such interested party has the right to request the Investigating Authority to conduct a review due to changed circumstances;

b) The application for review must provide evidence and information proving that the application of anti-subsidy measures is no longer appropriate due to changed circumstances;

c) Based on the conclusion of the review conducted by the Investigating Authority, the Minister of Industry and Trade decides to adjust or terminate the application of anti-subsidy measures;

d) The review period due to changed circumstances shall not exceed nine months from the date of the review decision, and in exceptional cases, it may be extended once but not exceeding three months;

Section 4

DEFENSE AGAINST IMPORTS OF FOREIGN GOODS INTO VIETNAM

Article 91. Safeguard Measures

1. Safeguard measures for the importation of foreign goods into Vietnam (hereinafter referred to as safeguard measures) are measures applied in cases where goods imported into Vietnam exceed normal levels, causing serious damage or threatening to cause serious damage to domestic production industries.

2. Safeguard measures include:

a) Imposing safeguard duties;

b) Applying import quotas;

c) Applying tariff quotas;

d) Issuing import permits;

đ) Other safeguard measures.

Article 92. Conditions for Applying Safeguard Measures

1. Safeguard measures may only be applied to imported goods when the following conditions are met:

a) Excessive imports when the volume or quantity of imported goods increases absolutely or relatively compared to the volume or quantity of similar domestically produced goods;

b) The domestic production industry suffers serious damage or is threatened with serious damage;

c) The increase in the volume or quantity of imported goods as stipulated in point a of this clause is the main cause of serious damage or threat of serious damage to the domestic production industry.

2. In cases where goods imported from a developing country have a volume or quantity not exceeding 3% of the total volume or quantity of similar goods imported into Vietnam, and the total volume or quantity of goods originating from developing countries meeting the above conditions does not exceed 9% of the total volume or quantity of similar goods imported into Vietnam, these countries shall be excluded from the scope of application of safeguard measures.

Article 93. Basis for Conducting Investigations on the Application of Safeguard Measures

1. An investigation on the application of safeguard measures shall be conducted when there is a file requesting the application of safeguard measures submitted by organizations or individuals producing similar goods or directly competing goods that could be accepted by buyers as substitutes for goods subject to safeguard measures due to price advantage and intended use.

2. The file must provide clear evidence that the excessive importation of goods into Vietnam has caused serious damage or threatens to cause serious damage to the domestic production industry.

3. The Minister of Industry and Trade shall be responsible for deciding to conduct an investigation when there is clear evidence that the excessive importation of goods into Vietnam has caused serious damage or threatens to cause serious damage to the domestic production industry.

Article 94. Content of Investigation on the Application of Safeguard Measures

1. Determining goods imported into Vietnam in excess and the extent of the increase in imported goods.

2. Determining serious damage or threats of serious damage to the domestic production industry.

3. Determining the causal relationship between the excessive importation of goods as stipulated in Clause 1 of this Article and the damage to the domestic production industry as stipulated in Clause 2 of this Article.

Article 95. Application of Safeguard Measures

1. The temporary application of safeguard measures is decided by the Minister of Industry and Trade based on the preliminary conclusions of the investigating authority before the end of the investigation, if it is deemed that delaying the implementation of safeguard measures would cause serious damage or threaten to cause serious damage to the domestic production industry, and such damage would be difficult to remedy later.

The duration of the temporary application of safeguard measures shall not exceed 200 days from the date the decision on the temporary application of safeguard measures takes effect.

2. The formal application of safeguard measures shall be carried out as follows:

a) After the conclusion of the investigation, the investigating authority publishes the final conclusion regarding the contents related to the investigation process as stipulated in Article 94 of this Law. The final conclusion and the main grounds for issuing the final conclusion must be notified to the parties involved in the investigation process through appropriate means;

b) Based on the final conclusion of the investigating authority, the Minister of Industry and Trade issues a decision to apply or not apply formal safeguard measures;

c) The duration of the application of safeguard measures, including the period of temporary application of safeguard measures, shall not exceed four years, except in cases extended according to Clause 2 of Article 96 of this Law;

d) The total duration of the application of safeguard measures, including the period of temporary application of safeguard measures, formal safeguard measures, and the extension period, shall not exceed ten years.

Article 96. Review of Anti-dumping Measures Application

1. The mid-term review shall be carried out as follows:

a) In cases where the duration of the anti-dumping measure exceeds three years, the Investigating Authority must conduct a review of the anti-dumping measure before half of this period has elapsed to conclude on whether to maintain, terminate, or mitigate the level of application of such measures;

b) Based on the results of the Investigating Authority's review, the Minister of Industry and Trade shall issue a decision regarding the maintenance, termination, or mitigation of the level of application of the anti-dumping measure;

c) The deadline for the mid-term review of the application of the anti-dumping measure shall not exceed six months from the date of the review decision, and may be extended once but not more than three months if necessary.

2. The final review shall be conducted as follows:

a) Before the end of the period during which the anti-dumping measure is applied, domestic organizations or individuals producing similar goods or directly competing goods wishing to extend the application of the anti-dumping measure must submit an extension request. The extension request file includes evidence showing that the domestic production industry has implemented necessary adjustment measures to enhance its competitiveness and that terminating the application of the anti-dumping measure would cause serious damage or threaten to cause serious damage to the domestic production industry;

b) The Investigating Authority may base its review on the extension request provided for in point a of this clause or may conduct an end-of-period review on its own initiative;

c) Based on the results of the Investigating Authority's review, the Minister of Industry and Trade shall issue a decision regarding the termination or extension of the application of the anti-dumping measure;

d) The level of application of the anti-dumping measure during the extension period shall not be higher than the level of application immediately prior to the expiration of the previous application period;

đ) The deadline for the end-of-period review shall not exceed six months from the date of the review decision, and may be extended once but not more than six months if necessary.

3. The review of the scope of goods subject to the anti-dumping measure shall be carried out as follows:

a) Importers of goods subject to the anti-dumping measure may request the Investigating Authority to review the scope of goods subject to the anti-dumping measure;

b) The review request file must provide evidence and information proving that applying the anti-dumping measure to all goods subject to the measure is inappropriate;

c) Based on the conclusion of the Investigating Authority's review, the Minister of Industry and Trade shall decide on adjusting the scope of goods subject to the anti-dumping measure;

d) The deadline for reviewing the scope of goods subject to the anti-dumping measure shall not exceed six months from the date of the review decision, and may be extended once but not more than three months if necessary.

Article 97. Reapplication of Anti-dumping Measures

1. An anti-dumping measure applied to a type of goods may be reapplied to that good as follows:

a) Where the anti-dumping measure has been applied for four years or more, including any extension period (if any), it can only be reapplied after a period equal to at least half of the previous application period;

b) Where the anti-dumping measure has been applied for more than 180 days but less than four years, including any extension period (if any), it can only be reapplied after at least two years from the date of termination of the previous anti-dumping measure;

c) Where the anti-dumping measure has been applied for 180 days or less, it can only be reapplied after at least one year from the start date of the previous application of the anti-dumping measure, provided that the previous anti-dumping measure was not applied more than twice within five years prior to the effective date of the reapplication.

2. The investigation procedures and formalities for reapplying the anti-dumping measure shall be carried out according to the procedures and formalities for applying the anti-dumping measure.

Article 98. Compensation

1. The compensation and extent of compensation for damages caused by the application of safeguard measures shall be carried out in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

2. The amount of compensation for damages shall be determined based on the results of consultations among the relevant parties.

3. The Ministry of Industry and Trade shall take the lead and coordinate with other ministries and ministerial-level agencies to develop a compensation plan to be submitted to the Prime Minister for approval before initiating consultations with the party suffering damage due to the application of safeguard measures.

Article 99. Special Safeguard Measures

1. Special safeguard measures are safeguard measures decided by the Minister of Industry and Trade to apply in cases where there is an excessive increase in imported goods into Vietnam as a result of tax reductions pursuant to the schedule of an international treaty to which the Socialist Republic of Vietnam is a member.

2. Special safeguard measures shall only be applied to goods originating from specific countries identified in accordance with international treaties to which the Socialist Republic of Vietnam is a member.

3. The investigation and application of special safeguard measures must comply with international treaties to which the Socialist Republic of Vietnam is a member.

Chapter V

EMERGENCY CONTROL MEASURES IN FOREIGN TRADE ACTIVITIES

Article 100. Cases for Applying Emergency Control Measures to Goods

1. Goods coming from a country, territory, or geographic region experiencing war, participating in war, conflict, or having a risk of direct or indirect armed conflict that affects the national security and interests of Vietnam.

2. Goods coming from a country, territory, or geographic region experiencing natural disasters, epidemics, environmental accidents, for which the competent authority of Vietnam has publicly announced information or proven to pose a serious threat to the health of consumers of those goods.

3. Goods coming from a country, territory, or geographic region experiencing technical incidents, errors, or defects for which the competent authority of Vietnam has publicly announced information or proven to have a direct and serious impact on the safety and health of consumers of those goods.

4. Goods coming from a country, territory, or geographic region causing serious impacts on the environment, ecology, and biodiversity of Vietnam, for which the competent authority of Vietnam has publicly announced information or scientific evidence proving such impacts.

5. Severe imbalance in the balance of payments.

6. Other particularly serious cases as prescribed by law.

Article 101. Principles for Applying Emergency Control Measures

1. Emergency control measures may only be applied in the cases stipulated in Article 100 of this Law.

2. The competent state management agency shall decide on the application of appropriate administrative measures in accordance with Chapter II of this Law.

3. The competent state management agency applying emergency control measures must evaluate and select the measure causing the least hindrance to foreign trade activities.

4. Emergency control measures shall be lifted when the situations specified in Article 100 of this Law no longer exist or through negotiations and consultations.

Article 102. Consultation in cases of applying emergency control measures

1. Before or after the issuance or revocation of emergency control measures, the competent authority implementing such measures shall be responsible for consulting directly affected trade partners in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a party.

2. The Minister, Head of a ministry-level agency related to the matter shall provide detailed regulations on consultation in cases of applying emergency control measures.

Chapter VI

MEASURES FOR DEVELOPING FOREIGN TRADE ACTIVITIES

Article 103. General policy on developing foreign trade activities

1. The State has a policy to develop foreign trade activities through the following measures:

a) Credit activities regulated by the Government in accordance with international treaties to which the Socialist Republic of Vietnam is a party;

b) Trade promotion aimed at promoting foreign trade activities including support for building, protecting, developing, and promoting domestic product brands in foreign markets; establishing and providing a trade promotion information system; connecting trade between merchants to promote effective exports and imports to serve domestic production or export processing;

c) Other measures to expand export and import markets.

2. All agencies, organizations, and individuals engaged in domestic and foreign business operations may participate in developing foreign trade activities in accordance with the law.

3. Measures to develop foreign trade activities must be consistent with the orientation of the economic and social development strategy and the foreign trade strategy for each period issued by the Prime Minister.

4. Measures to develop foreign trade activities should be implemented effectively, in coordination with measures to promote investment and tourism.

Article 104. Special policies on developing foreign trade activities

1. The State has a policy to develop foreign trade activities for products with competitive advantages that can be produced domestically, technological products, and essential raw materials needed to serve domestic production.

2. The State has a policy to encourage small and medium-sized enterprises, businesses in mountainous areas, border regions, islands, remote areas, ethnic minority regions, and regions with difficult socio-economic conditions, particularly extremely difficult conditions, to participate in foreign trade activities.

3. The Government shall provide detailed regulations on this Article.

Article 105. Developing foreign trade activities through trade promotion

1. The policy of trade promotion supporting foreign trade activities is implemented through the activities of the following agencies and organizations:

a) Activities of domestic trade promotion agencies and organizations;

b) Activities of trade promotion organizations abroad;

c) Activities of foreign trade promotion organizations in Vietnam;

d) Activities of the representative offices of the Socialist Republic of Vietnam abroad and commercial representatives.

2. Foreign trade development activities through trade promotion include:

a) Implementing national programs and activities on trade promotion, building and developing national brand products and goods decided by the Prime Minister to develop foreign trade activities in line with the economic and social development conditions in each period;

b) Building and implementing market development activities, building and promoting local product brands carried out by local authorities to develop foreign trade activities in line with the economic and social development conditions in each period;

c) Conducting trade connection activities, participating in distribution systems abroad and in Vietnam;

d) Supporting the development and operation of trade infrastructure and logistics serving foreign trade activities;

đ) Supporting research and development, improving product quality;

e) Training and enhancing the capacity of traders in trade promotion and market development;

g) Other activities as prescribed by law.

3. Associations, social-professional organizations, and economic organizations established or participating in foreign trade promotion organizations shall operate in accordance with Vietnamese law and the relevant country's laws.

4. Based on the export growth targets decided by the National Assembly for each period, the competent state agency shall provide financial support for the trade promotion activities of agencies, organizations, and traders in accordance with the state budget law.

5. The Government shall provide detailed regulations on this matter.

Article 106. Promoting foreign trade activities through the promotion activities of foreign trade promotion organizations in Vietnam

1. Foreign trade promotion organizations and organizations from abroad (hereinafter referred to collectively as foreign trade promotion organizations) may establish representative offices in Vietnam to carry out activities related to trade promotion and the development of foreign trade activities.

2. Foreign trade promotion organizations may establish representative offices in Vietnam when meeting the following conditions:

a) Being an organization established in accordance with foreign laws;

b) Having statutes and purposes of operation that comply with Vietnamese law or international treaties to which the Socialist Republic of Vietnam is a member.

3. The Government shall specify the detailed procedures for establishing and managing representative offices of foreign trade promotion organizations in Vietnam.

Article 107. Promoting foreign trade activities through the activities of commercial representatives

1. Commercial representatives may be organized in areas with a need to develop foreign trade activities, having functions to serve the development of foreign trade activities of the country in accordance with the provisions of the law, supporting the protection of economic and trade interests of Vietnam and Vietnamese traders in foreign trade activities.

2. The organization and operation of commercial representatives shall be carried out in accordance with the provisions of the law on agencies representing the Socialist Republic of Vietnam abroad.

Chapter VII

SETTLEMENT OF DISPUTES REGARDING THE APPLICATION OF FOREIGN TRADE MANAGEMENT MEASURES

Article 108. Principles for participation in resolving disputes regarding the application of foreign trade management measures by state management agencies

1. Participation in resolving disputes regarding the application of foreign trade management measures shall only be involved in relations between the Government of Vietnam and the Government of another country as provided for in international treaties to which the Socialist Republic of Vietnam is a member.

2. Ensuring that the rights and interests of Vietnam are protected promptly and reasonably among the parties involved in the dispute.

3. Disputes over foreign trade between Vietnamese traders and foreign traders shall be resolved by the traders themselves according to their agreement, in accordance with Vietnamese law, or international treaties to which the Socialist Republic of Vietnam is a member.

Article 109. State management agencies participating in resolving disputes regarding the application of foreign trade management measures

1. The state management agency participating in resolving disputes regarding the application of foreign trade management measures is the Government. The Government assigns ministries and ministerial-level agencies to participate in resolving disputes regarding the application of foreign trade management measures.

2. The Ministry of Industry and Trade is the lead agency assisting the Government in participating in resolving disputes regarding the application of foreign trade management measures.

Article 110. Procedures and formalities for resolving disputes initiated by foreign governments

1. When a foreign government initiates litigation against the Government of Vietnam under the provisions of an international treaty to which the Socialist Republic of Vietnam is a member concerning foreign trade management measures issued by the Vietnamese State, the Ministry of Industry and Trade is the lead agency, coordinating with relevant ministries, ministerial-level agencies, and other organizations to develop a plan to resolve the dispute for approval by the Prime Minister.

2. Ministries, ministerial-level agencies, and other relevant organizations shall implement assigned tasks based on the approved dispute resolution plan.

3. The Government shall specify the detailed procedures, formalities, and coordination in resolving disputes initiated by foreign governments.

Article 111. Procedures and formalities for resolving disputes initiated by the Government of Vietnam

1. When discovering foreign trade management measures that have provisions affecting the rights and interests of Vietnam, or based on the request of traders, industry associations, the Government decides to initiate litigation against such measures in accordance with this Law and international treaties to which the Socialist Republic of Vietnam is a member.

2. The Ministry of Industry and Trade shall take the lead and coordinate with other ministries, ministerial-level agencies, agencies, and organizations related to build a dispute resolution plan to be submitted to the Prime Minister for approval.

3. Ministries, ministerial-level agencies, agencies, and other related organizations shall implement assigned tasks based on the approved dispute resolution plan.

4. The Government shall specify the procedures, formalities, and coordination in resolving disputes initiated by the Government of Vietnam.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 112. Effective date

1. This Law shall take effect from January 1, 2018.

2. The following ordinances shall cease to be effective from the date this Law takes effect, except as provided for in Article 113 of this Law:

a) Ordinance on Anti-Dumping Measures Against Imported Goods into Vietnam No. 42/2002/PL-UBTVQH10;

b) Ordinance on Countervailing Measures Against Imported Goods into Vietnam No. 20/2004/PL-UBTVQH11;

c) Ordinance on Safeguard Measures Against Imported Goods into Vietnam No. 22/2004/PL-UBTVQH11.

3. Abolish Clause 3 of Article 28, Clause 3 of Article 29, Clause 3 of Article 30, Articles 31, 33, 242, 243, 244, 245, 246, and 247 of the Commercial Law No. 36/2005/QH11.

Article 113. Transitional Provisions

From the date this Law takes effect, anti-dumping and safeguard cases that have been accepted by competent state authorities for complaint filing and investigation prior to the effectiveness of this Law shall continue to be examined and resolved according to the Ordinance on Safeguard Measures Against Imported Goods into Vietnam No. 42/2002/PL-UBTVQH10, the Ordinance on Anti-Dumping Measures Against Imported Goods into Vietnam No. 20/2004/PL-UBTVQH11, and the Ordinance on Countervailing Measures Against Imported Goods into Vietnam No. 22/2004/PL-UBTVQH11.

Law n得不到完整的句子，无法进行翻译。o quốc hội nước cộng hòa xã hộichủ nghĩa việt nam khóaXIV, kỳhọp thứ3 thông quapassed on June 12, 2017 at the third session of the 14th National Assembly.