DECREE NO. 10/2018/ND-CP DETAILING IMPLEMENTATION OF CERTAIN PROVISIONS OF THE LAW ON FOREIGN TRADE MANAGEMENT REGARDING ANTI-DUMPING AND COUNTERTOOL MEASURES

DECREE

REGULATIONS ON CERTAIN PROVISIONS OF THE LAW ON FOREIGN TRADE MANAGEMENT REGARDING TRADE DEFENSE MEASURES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

At the proposal of the Minister of Industry and Trade;

The Government promulgates this Decree to provide detailed regulations on certain provisions of the Law on Foreign Trade Management regarding trade defense measures.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on certain provisions of the Law on Foreign Trade Management concerning the basis for conducting, procedures, formalities, time limits, contents, grounds for terminating anti-dumping and countervailing duty investigations; determining damage to domestic industries; combating circumvention of trade defense measures; applying, reviewing trade defense measures; responsibilities of relevant agencies during the investigation process; exemption from application of trade defense measures; handling trade defense measures applied to Vietnamese export goods.

Article 2. Applicability

1. State management agencies with authority investigate, apply and handle trade defense measures.

2. Vietnamese traders, foreign traders, agencies, organizations, individuals inside and outside Vietnam related to the investigation, application and handling of trade defense measures.

Article 3. Explanation of Terms

In addition to terms defined in the Law on Foreign Trade Management, the following terms in this Decree shall be understood as follows:

1. Evidence is real facts used by the Trade Defense Investigation Authority as a basis for determining the resolution of trade defense cases.

2. Requesting party is an organization or individual legally representing the domestic industry submitting the Application File for investigation and application of trade defense measures, investigation to combat circumvention of trade defense measures.

3. Respondent party is an organization or individual abroad producing or exporting goods subject to investigation and application of trade defense measures, investigation to combat circumvention of trade defense measures submitted by the requesting party or investigated by the Trade Defense Investigation Authority pursuant to the decision of the Minister of Industry and Trade.

4. Investigation period is the timeframe determined by the Trade Defense Investigation Authority to collect information, evidence, data for the investigation.

5. Investigation phase is the timeframe during which the Trade Defense Investigation Authority conducts the investigation from the date the Minister of Industry and Trade decides to conduct the investigation until the end of the investigation.

6. Consultation is the activity of exchanging opinions and expressing views on the case with the Trade Defense Investigation Authority as prescribed by law.

Article 4. Determination of Domestic Industry

1. The determination of the domestic industry shall be carried out in accordance with Clause 1 of Article 69 of the Law on Foreign Trade Management.

2. The volume or quantity of similar products or directly competitive products produced domestically accounting for at least 50% of the total volume or quantity of such products produced domestically shall be considered to constitute a significant proportion of the total production volume of the domestic industry according to Clause 1 of Article 69 of the Law on Foreign Trade Management. The Investigation Authority may consider a lower proportion if there is evidence that such proportion is sufficient to constitute a significant proportion of the total production volume of the domestic industry.

3. In anti-dumping and countervailing duty investigation cases, producers in a specific geographic market within the territory of Vietnam may be considered as the domestic industry if they meet the following conditions:

a) Producers in that geographic market sell all or almost all of the products they produce in that market;

b) The demand of that geographic market is not significantly met by producers of similar products in other geographic markets within the country.

In this case, the Investigation Authority may still determine damage even if producers of similar products in other geographic markets within the country are not damaged, if the Investigation Authority determines that dumping or subsidizing practices only occur in that geographic market and cause damage to all or most producers in that market.

Article 5. Determining the Relationship between Manufacturers of Similar Goods and Organizations and Individuals Exporting and Importing Investigated Goods Subject to Anti-Dumping Measures

1. Manufacturers of similar goods shall be considered to have a relationship with organizations and individuals exporting and importing investigated goods subject to anti-dumping measures under Clause 1 of Article 69 of the Law on Foreign Trade Management in the following cases:

Clause 2. A party may be deemed to control another party when it has the power to influence the financial policies and operations of the other party to gain economic benefits from its business activities.

b) Both parties are directly or indirectly controlled by a third party;

c) Both parties directly or indirectly control a third party.

2. One party may be considered to control another party when that party has the power to determine the financial policies and operations of the other party.

Article 6. Refund of Anti-Dumping Duties

1. The refund of anti-dumping duties shall be carried out in accordance with Clause 5 and Clause 6 of Article 68 of the Law on Foreign Trade Management.

2. Anti-dumping duties refunded pursuant to Clause 1 of this Article shall not accrue interest.

3. The procedure for refunding anti-dumping duties shall be conducted in the same manner as the procedure for refunding excess import duties as prescribed by tax management laws.

Article 7. Exemption from Application of Anti-Dumping Measures

1. The Ministry of Industry and Trade shall consider not applying anti-dumping measures through exemption for certain types of goods on the principle of not reducing the overall effectiveness of the anti-dumping measures.

2. Organizations and individuals submit the Application for Exemption from Anti-Dumping Measures (hereinafter referred to as the Exemption Application) according to the form issued by the Investigating Authority for the Ministry of Industry and Trade to consider and decide on the exemption from application of anti-dumping measures.

3. Within seven working days from the date of receipt of the Exemption Application, the Investigating Authority shall notify the organization or individual about the completeness and validity of the Exemption Application. If the Exemption Application is incomplete or invalid, the Investigating Authority shall notify the organization or individual to supplement the Exemption Application.

4. Within forty-five days from the date of receipt of a complete and valid Exemption Application, the Ministry of Industry and Trade shall consider and decide on the exemption from application of anti-dumping measures. In case of non-exemption from application of anti-dumping measures, the Investigating Authority shall be responsible for notifying the organization or individual about the reasons for non-exemption from application of anti-dumping measures.

5. In case an organization or individual exempted from application of anti-dumping measures fails to comply with the provisions and conditions for exemption, the Ministry of Industry and Trade has the right to revoke the decision on exemption from application of anti-dumping measures and notify the customs authority to handle it in accordance with the regulations.

6. The Minister of Industry and Trade shall provide detailed guidance on cases of exemption from application of anti-dumping measures.

Article 8. Management of Imports of Goods Subject to Anti-Dumping Measures Investigation

1. From the date of the investigation decision until the end of the anti-dumping measures investigation process, the Ministry of Industry and Trade may implement a declaration system for imported goods subject to anti-dumping measures investigations to serve the investigation work. The declaration of imports is not limited in quantity, volume, or value of imported goods.

2. The import declaration dossier includes:

a) An import declaration form: one copy according to the form issued by the Investigating Authority;

b) Commercial invoice: one copy (stamped as a true copy by the trader);

c) Quality certificate or equivalent documents issued by the manufacturer of goods: one copy (stamped as a true copy by the trader).

3. Within two working days from the date of receipt of the import declaration dossier, the Investigating Authority shall notify the organization or individual about the completeness and validity of the dossier. If the import declaration dossier is incomplete or invalid, the Investigating Authority shall notify the organization or individual to supplement the dossier.

4. Within three working days from the date of receipt of a complete and valid dossier, the Investigating Authority shall send confirmation of the import declaration to the organization or individual submitting the dossier via postal mail at the address stated on the registration form.

5. Customs authorities shall cooperate with the Ministry of Industry and Trade in supervising the implementation of the import declaration system for goods subject to investigation.

Article 9. Rights and Obligations of Parties Involved in Anti-Dumping, Countervailing Duty, and Safeguard Investigations

1. The Requesting Party and the Responding Party shall have the following rights:

a) Access to information provided by other parties involved to the Investigating Authority, except for information that is confidential as stipulated in Article 11 of this Decree;

b) Submit comments on draft preliminary findings, final findings, review findings, and anti-circumvention investigation findings within seven days from the date the Investigating Authority sends out the draft for comments;

c) Propose the Investigating Authority to extend the deadline for providing information and responding to the questionnaire;

d) Request confidentiality of information in accordance with Article 11 of this Decree;

đ) Participate in consultation sessions and present their views, provide evidence and documents related to the anti-dumping, countervailing duty, and safeguard investigations;

e) Authorize another party to represent them in the process of resolving the anti-dumping, countervailing duty, and safeguard investigations;

g) Request the Investigating Authority to organize a separate consultation session in accordance with Clause 1, Article 13 of this Decree;

h) Lodge complaints and initiate lawsuits against decisions of the Minister of Industry and Trade in accordance with Vietnamese laws on complaints and lawsuits.

2. The Requesting Party and the Responding Party shall have the following obligations:

a) Provide complete, truthful, accurate, and timely evidence, information, and documents necessary for their claims;

b) Provide complete, truthful, accurate, and timely evidence, information, and documents as requested by the Investigating Authority;

c) Implement decisions of the Minister of Industry and Trade.

3. Parties involved as stipulated in Article 74 of the Law on Foreign Trade Management who are neither the Requesting Party nor the Responding Party shall have the following rights and obligations:

a) Provide truthful information and necessary documents related to the anti-dumping, countervailing duty, and safeguard investigations according to their own perspective or as requested by the Investigating Authority;

b) Request the Investigating Authority to maintain confidentiality of information in accordance with Article 11 of this Decree;

c) Access information about the anti-dumping, countervailing duty, and safeguard investigations conducted by the Investigating Authority, except for information that is confidential as stipulated in Article 11 of this Decree;

d) Participate in consultation sessions and present their views, provide evidence and documents related to the anti-dumping, countervailing duty, and safeguard investigations.

4. Parties involved are not required to pay fees to participate in resolving anti-dumping, countervailing duty, and safeguard investigations for imported goods into Vietnam.

Article 10. Provisions Regarding Non-Cooperation by Parties Involved in Anti-Dumping, Countervailing Duty, and Safeguard Investigations

1. Any party involved that refuses to participate in the investigation or fails to provide necessary evidence or significantly impedes the completion of the investigation shall have preliminary and final findings based on available information.

2. Any party involved that provides inaccurate or misleading evidence shall have such evidence disregarded, and preliminary and final findings shall be based on available information.

3. Parties involved who do not cooperate as stipulated in Clauses 1 and 2 of this Article shall not be considered for exemption from the application of anti-dumping, countervailing duty, and safeguard measures as prescribed in Article 7 of this Decree.

Article 11. Information Confidentiality

1. The investigating authority shall be responsible for publicly disclosing non-confidential information related to anti-dumping investigations through electronic means or other appropriate methods based on the technical infrastructure of the investigating authority.

2. The investigating authority shall be responsible for ensuring the confidentiality of information provided by interested parties including:

a) State secrets and other secrets as prescribed by law;

b) Information that the provider considers confidential and which the Investigative Agency accepts the request for confidentiality.

3. Information provided by interested parties must be established in two copies, one confidential copy and one public copy. For confidential information, the interested party must submit a detailed explanation regarding the reasons for requesting confidentiality along with a summary of the contents of the confidential information that can be disclosed to other interested parties.

4. In cases where the request for confidentiality from the information provider is not accepted or if the information provider does not provide a summary of the confidential information as stipulated in Clause 3 of this Article, the investigating authority will not use such information.

5. Prior to the Minister of Industry and Trade deciding to initiate an investigation, the investigating authority shall limit the public disclosure of information about the case.

Article 12. On-Site Investigation

1. The investigating authority may conduct on-site investigations to verify the completeness, accuracy, and correctness of evidence and information provided by interested parties.

2. The investigating authority shall only conduct on-site investigations upon the consent of the interested party requested to undergo an on-site investigation.

3. The investigating authority must notify the interested party requested to undergo an on-site investigation of the notification and content of the on-site investigation request before conducting the on-site investigation.

4. In cases where an on-site investigation is conducted abroad, the investigating authority shall have the responsibility to inform the representative government of the country whose business entity is subject to the on-site investigation.

Article 13. Consultation

1. During the course of applying trade remedy measures, reviewing trade remedy measures, and investigating circumvention of trade remedy measures, the investigating authority may consult individually with interested parties at their written request, provided that such consultations do not affect the investigation timeline.

2. Before concluding the investigation, the investigating authority shall organize a public consultation session with interested parties. The investigating authority shall have the responsibility to notify interested parties about the organization of the consultation session at least thirty days prior to the date of the consultation session.

3. At least seven days before the date of the public consultation session, interested parties must register their participation in the consultation session with the investigating authority, which may include specifying issues to be consulted accompanied by written arguments. Interested parties are not required to pay fees for participating in the consultation session.

4. Within seven days from the date of the public consultation session, interested parties must submit a written presentation of their statements at the consultation session to the investigating authority.

5. Within fifteen days from the date of the public consultation session as stipulated in Clause 2 of this Article, the investigating authority shall publicly disclose the minutes of the consultation session to interested parties.

Article 14. Provision of Information by State Management Agencies and Vietnamese Industry Associations

1. The Vietnamese Customs Authority, within its scope of authority and functions, shall be responsible for:

a) Providing data and information on goods under investigation imported into Vietnam according to the request of the investigating authority in a complete and timely manner;

b) Cooperating with the investigating authority to provide anonymous data and information on the quantity, volume, and value of imported and exported goods related to the investigation, application, and handling of trade remedy measures according to the requirements of enterprises and industry associations. Procedures, formalities, costs, refusal to provide information, and other contents shall be implemented in accordance with the Law on Access to Information.

2. From the date the decision to apply trade remedy measures becomes effective, the customs authority shall be responsible for providing information on the amount of anti-dumping duty paid, quantity, volume, and value of imported goods subject to trade remedy measures according to the request of the investigating authority.

3. Industry associations, the Vietnam Chamber of Commerce and Industry, within their scope of functions and authority, shall cooperate with the investigating authority to provide information and data on import and export activities and the operational status of production and business of industries they oversee according to the request of the investigating authority.

Article 15. Application of trade defense measures against less developed and developing countries, territories

1. The application of trade defense measures against goods originating from a less developed or developing country, territory shall be implemented in accordance with the provisions of Clause 2, Clause 3, Article 86 and Clause 2, Article 92 of the Law on Foreign Trade Management.

2. The list of less developed and developing countries is determined by the investigating authority based on reliable data sources.

Chapter II

INVESTIGATION AND APPLICATION OF ANTI-DUMPING AND COUNTERVAILING MEASURES

Section 1. DUMPING AND SUBSIDIES

Subsection 1. DUMPING

Article 16. Method for determining normal value

1. In cases where similar goods are sold domestically in the exporting country in significant quantities, the normal value is the comparable price of similar goods being sold domestically in the exporting country under the ordinary commercial conditions stipulated in Article 17 of this Decree.

2. In cases where there are no similar goods sold domestically in the exporting country or where domestic sales do not allow reasonable comparison due to special market conditions in that country or because similar goods are sold domestically in the exporting country in insignificant quantities, the normal value shall be determined in one of the following ways:

a) Export price of similar goods to a suitable third country if such export price is representative;

b) The investigating authority shall establish it based on the reasonable cost of production of the goods plus reasonable additional costs and a reasonable profit margin at each stage from production to circulation in the exporting country or a third country.

3. The quantity of similar goods sold domestically in the exporting country as specified in Clause 1 of this Article shall be considered significant if it constitutes at least 5% of the total quantity of goods under investigation exported to Vietnam. The investigating authority may consider a lower ratio provided that evidence shows that such ratio is still sufficient to conduct a reasonable comparison.

Article 17. Ordinary Commercial Conditions

Similar goods shall be deemed to be sold domestically in the exporting country under ordinary commercial conditions except in the following cases:

1. Transactions selling similar goods on the domestic market of the exporting country, or export transactions to a third country market with prices lower than production costs for a period of at least six months and quantities less than 20% of the total domestic sales volume or exports to the third country market;

2. Transactions selling similar goods on the domestic market of the exporting country or export transactions to a third country market carried out between parties related as defined in Article 5 of this Decree and the sale prices between these parties do not reflect market prices;

3. Transactions selling similar goods on the domestic market of the exporting country or export transactions to a third country market based on offset agreements.

Article 18. Method for Determining Export Price

1. The export price is the selling price of the investigated goods exported to Vietnam based on legitimate transaction documents.

2. In cases where there is no export price or evidence indicates that the export price is not reliable, the Investigating Authority shall determine the export price according to one of the following methods:

a) The export price is established based on the resale price to the first independent customer. The first independent customer means a customer who has no relationship with the related manufacturer or exporter as defined in Article 5 of this Decree.

b) The export price is established based on other reasonable grounds.

3. The export price shall be considered unreliable under Clause 2 of this Article if the manufacturer, exporter, importer, or third party has a relationship as defined in Article 5 of this Decree or has agreements on offsetting.

Article 19. Adjustment of Normal Value and Export Price

When determining the dumping margin, the Investigating Authority shall consider the following adjustments:

1. Adjusting the normal value and export price to the same stage of the distribution process.

2. Adjusting the normal value and export price to the same calculation period or to the nearest calculation periods.

3. Adjusting the normal value and export price when there are differences in taxes, sales conditions, trade levels, quantities, physical characteristics, and other factors deemed appropriate by the Investigating Authority.

4. When converting currencies, the Investigating Authority shall use the exchange rate at the time of sale, except in the case of export sales transactions under forward contracts, where the exchange rate is the rate specified in the forward contract. In cases of exchange rate fluctuations, the Investigating Authority shall make appropriate adjustments for such fluctuations during the investigation period.

5. Other adjustments deemed appropriate by the Investigating Authority.

Article 20. Method for Determining Dumping Margin

1. The dumping margin is determined based on the difference between the normal value and the export price as stipulated in Articles 16, 17, 18, and 19 of this Decree.

2. The dumping margin is determined according to one of the following methods:

a) Comparing the weighted average value of the normal value with the weighted average value of the export price.

b) Comparing the normal value with the export price on a transaction-by-transaction basis.

c) Comparing the weighted average value of the normal value with the export price on a transaction-by-transaction basis, provided that there is a significant difference in the export prices among buyers, geographic regions, and export periods.

3. The Investigating Authority must determine a separate dumping margin for the investigated goods of each foreign producer or exporter in the anti-dumping measure investigation case, except as provided for in Clause 4 of this Article.

4. In cases where the number of respondents requested is too large or the types of investigated goods are too numerous, the Investigating Authority may limit the scope of the investigation by using the sampling method prescribed in Article 36 of this Decree to determine the dumping margin.

5. In cases where the Investigating Authority limits the scope of the investigation as provided for in Clause 4 of this Article, the dumping margin shall be applied as follows:

a) A separate dumping margin shall be applied to the investigated goods of each sampled producer or exporter who cooperates with the Investigating Authority during the investigation phase.

b) A separate dumping margin shall be applied to the investigated goods of sampled producers or exporters who do not cooperate or cooperate inadequately with the Investigating Authority during the investigation phase.

c) A separate dumping margin shall be applied to the investigated goods of producers or exporters not selected through sampling but voluntarily participate and cooperate with the Investigating Authority during the investigation phase.

d) A dumping margin shall be applied to the investigated goods of the remaining producers or exporters.

Subsection 2. SUBSIDY

Article 21. The Specificity of Subsidies

1. A subsidy specified in Article 84 of the Law on Foreign Trade Management shall be considered specific when it applies exclusively to organizations, individuals, or a particular production sector, or when it applies only to organizations, individuals, or a production sector within a specific geographic region of the country under investigation for anti-subsidy measures.

2. The specificity of subsidies is determined as follows:

a) There is a clear limitation for one or a group of organizations, individuals, or for one or a group of specific production sectors to benefit from the subsidy;

b) The criteria and conditions for receiving the subsidy are objectively defined in legal documents but are not automatically applied in practice;

c) There is a clear limitation for organizations, individuals within a specific geographic region;

d) In cases where the subsidy does not meet the specificity requirements stipulated in points a, b, and c of this clause, the investigating authority may still determine its specificity based on the examination of factors including the limited number of enterprises benefiting from the subsidy, the disproportionate allocation of subsidy amounts, and the manner in which the competent authority grants the subsidy.

3. Subsidies prescribed in Clause 1 and Clause 2 of Article 85 of the Law on Foreign Trade Management shall be deemed specific subsidies.

Article 22. Method for Determining the Value of Subsidies

1. The method for determining the value of subsidies is as follows:

a) In the case of a non-repayable grant, the value of the subsidy is calculated based on the actual amount granted to the organization or individual receiving it;

b) In the case of a loan provided by the government or public entity, the value of the subsidy is calculated based on the difference between the market interest rate payable for the loan and the actual interest rate paid by the organization or individual for the loan;

c) In the case of a government or public entity guaranteeing a loan, the value of the subsidy is determined based on the difference between the interest rate payable without the guarantee and the actual interest rate payable with the guarantee;

d) In the case of direct capital transfer or equity transfer by the government or public entity, the value of the subsidy is determined based on the actual capital received by the enterprise;

e) In the case of the government or public entity purchasing goods or services at a price higher than the market price for organizations or individuals, the value of the subsidy is determined based on the difference between the market price and the actual price paid by the government or public entity for those goods or services;

f) In the case of the government or public entity providing goods or services at a price lower than the market price to organizations or individuals, the value of the subsidy is determined based on the difference between the market price and the actual selling price of the government or public entity to those organizations or individuals;

g) In the case of the government or public entity waiving or not collecting amounts that organizations or individuals are legally obligated to pay, the value of the subsidy is determined based on the difference between the amount due according to the law and the actual amount paid by the organization or individual.

2. The value of subsidies provided in other forms will be calculated fairly, reasonably, and in accordance with international practices.

Section 2. DETERMINATION OF DAMAGE TO THE DOMESTIC PRODUCTION INDUSTRY

Article 23. Determination of Significant Damage to the Domestic Production Industry

1. The determination of significant damage to the domestic production industry is based on the consideration of the following factors:

a) The absolute or relative increase in the volume and quantity of dumped or subsidized imported goods compared to the volume and quantity of similar domestically produced or consumed goods;

b) The price suppression effect of the investigated imported goods on the selling prices of similar domestically produced goods;

c) The impact of dumped or subsidized goods on the operational status of the domestic production industry, including actual and potential declines in revenue, sales volume, profits, production volume, market share, capacity, productivity, investment; factors affecting domestic selling prices; the magnitude of dumping margins and subsidy levels; and actual and potential adverse impacts on cash flow, inventory, labor, wages, and capital mobilization ability;

d) Other influencing factors.

2. The determination of significant damage to the domestic production industry must be based on specific evidence.

Article 24. Determination of Threat of Significant Damage to the Domestic Production Industry

1. The determination of a threat of significant damage to the domestic production industry is based on the consideration of the following factors:

a) The absolute or relative increase in the volume and quantity of dumped or subsidized imported goods compared to the volume and quantity of similar domestically produced or consumed goods;

b) The production capacity of foreign producers and exporters being sufficiently large or potentially significantly increasing in the near future, leading to a significant increase in the volume and quantity of investigated imported goods;

c) Dumped or subsidized imported goods reducing prices significantly, or suppressing prices at a significant level, or preventing a significant increase in the selling prices of similar domestically produced goods, leading to an increased demand for imported goods;

d) Inventory data of the investigated goods;

đ) Other factors.

2. A comprehensive review of the factors specified in Clause 1 of this Article indicates the real possibility of an increase in the import of dumped or subsidized goods, and that significant damage would occur if anti-dumping or countervailing measures were not applied.

3. The determination of a threat of significant damage to the domestic production industry must be based on specific evidence.

Article 25. Determination of Significant Obstruction to the Formation of the Domestic Production Industry

1. The determination of the formation of the domestic production industry is considered based on the following factors:

a) Characteristics of the domestic production industry;

b) Duration of operation of the domestic production industry;

c) Scale of operations of the domestic production industry compared to the entire market;

d) Reasonable financial break-even point of the domestic production industry;

đ) Whether the industry under consideration is a new industry or an expansion of an existing industry;

e) Other factors deemed appropriate by the Investigating Authority.

2. The determination of significant obstruction to the formation of the domestic production industry as stipulated in Clause 1 of this Article is considered based on the following factors:

a) Plans of the domestic production industry;

b) Capacity and production volume;

c) Volume and quantity of domestic sales;

d) Market share, revenue, profit;

đ) Selling price of similar domestic goods;

e) Export situation of similar goods and import situation of investigated goods;

g) Inventory;

h) Labor and wages;

i) Other factors deemed appropriate by the Investigating Authority.

3. The determination of significant obstruction to the formation of the domestic production industry must ensure it is based on specific evidence.

Article 26. Principles for Considering Cumulation

1. In cases where goods under investigation are imported from two or more producing and exporting countries, the Investigating Authority may determine the cumulated damage caused by the goods under investigation.

2. The consideration of the cumulated impact of goods under investigation shall take into account the competitive conditions between the goods under investigation and the competitive conditions between the goods under investigation and similar domestic products.

3. The cumulation consideration provided for in Clause 1 of this Article does not include countries with dumping margin and subsidy levels specified in Clause 2 and Clause 3 of Article 78 and Clause 2 and Clause 3 of Article 86 of the Law on Foreign Trade Management.

Article 27. Determination of Causal Relationship Between Dumped and Subsidized Goods Imported into Vietnam and Damage to Domestic Production Industry

When determining the causal relationship between dumped and subsidized goods imported into Vietnam and significant damage or threat of significant damage to the domestic production industry or significant impediment to the establishment of a domestic production industry, the Investigating Authority shall consider:

1. Dumping and subsidizing of goods imported into Vietnam is the cause of significant damage or threat of significant damage to the domestic production industry or significant impediment to the establishment of a domestic production industry.

2. Factors other than dumping and subsidizing of goods imported into Vietnam that cause or threaten to cause significant damage or significant impediment to the establishment of a domestic production industry will not be considered as part of the impact caused by dumped and subsidized goods, including:

a) Quantity and volume of similar goods imported into Vietnam that are not dumped and not subsidized;

b) The extent of decline in consumer demand or changes in consumption patterns for similar domestically produced goods;

c) Trade restriction policies;

d) Technological development;

đ) Export capacity and productivity of the domestic production industry;

e) Other factors deemed appropriate by the Investigating Authority.

Section 3. ANTI-DUMPING AND ANTI-SUBSIDY INVESTIGATIONS

Article 28. Application File for Anti-Dumping Measures

1. The application file for anti-dumping measures includes the Request for Application of Anti-Dumping Measures and related documents and papers.

2. The Request for Application of Anti-Dumping Measures shall contain the following contents:

a) Name, address, and other necessary information of the organization or individual representing the domestic production industry;

b) Information, data, and evidence to identify the representative of the domestic production industry, including a list of organizations and individuals within the country producing similar goods; quantity and volume of similar goods produced by the aforementioned organizations and individuals;

c) Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;

d) Information describing the imported goods subject to the requested anti-dumping investigation, including scientific name, trade name, common name; composition; basic physical and chemical characteristics; production process; main purpose of use; international and Vietnamese standards; commodity code according to the Vietnamese Export and Import Commodity List and the applicable import tax rate at each period;

đ) Information describing similar goods of the domestic production industry including scientific name, trade name, common name; basic physical and chemical characteristics; main purpose of use; production process; international and Vietnamese standards;

e) Information about the quantity, volume, and value of the imported goods specified in point d of this clause during the twelve months prior to submission of the file;

g) Information about the quantity, volume, and value of similar goods of the domestic production industry specified in point đ of this clause during the twelve months prior to submission of the file, except in cases where the domestic production industry has been operating for less than twelve months;

h) Information about the normal value and export price of the goods described in accordance with point d of this clause; dumping margin of the imported goods subject to the requested anti-dumping investigation;

i) Information, data, and evidence regarding significant damage or threat of significant damage or significant impediment to the establishment of the domestic production industry;

k) Information, data, and evidence regarding the causal relationship between the importation of goods specified in clause d of this article and significant damage or threat of significant damage or significant impediment to the establishment of the domestic production industry;

l) Information about the exporting country or origin of the goods subject to the requested anti-dumping investigation, including a specific list of foreign producers, exporters, and importers;

m) Specific requests for the application of anti-dumping measures, duration of application, and degree of application.

Article 29. Documents for Requesting Anti-subsidy Measures

1. The documents for requesting anti-subsidy measures include the Application Form for Anti-subsidy Measures and related papers and documents.

2. The Application Form for Anti-subsidy Measures shall contain the following contents:

a) Name, address, and other necessary information of the organization or individual representing the domestic production industry;

b) Information, data, and evidence to identify the representative of the domestic production industry, including a list of organizations and individuals within the country producing similar goods; quantity and volume of similar goods produced by the aforementioned organizations and individuals;

c) Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;

d) Information describing the imported goods subject to investigation for anti-subsidy measures, including scientific name, trade name, common name; composition; basic physical and chemical characteristics; main purpose of use; production process; international and Vietnamese standards and regulations; commodity code according to Vietnam's Export and Import Goods List and the applicable import tariff rate at each period;

đ) Information describing similar goods produced domestically, including scientific name, trade name, common name; composition; basic physical and chemical characteristics; main purpose of use; production process; international and Vietnamese standards and regulations;

e) Information about the quantity, volume, and value of the imported goods specified in point d of this clause during the twelve months prior to submission of the file;

g) Information about the quantity, volume, and value of similar goods of the domestic production industry specified in point đ of this clause during the twelve months prior to submission of the file, except in cases where the domestic production industry has been operating for less than twelve months;

h) Information and evidence regarding foreign subsidies, including the existence of subsidies; the country accused of providing subsidies; the name and address of the foreign organization or individual accused of receiving subsidies; form and subsidy policy; quantity, volume, and value of subsidies;

i) Information, data, and evidence regarding significant damage or threat of significant damage or significant impediment to the establishment of the domestic production industry;

k) Information, data, and evidence regarding the causal relationship between the importation of goods specified in clause d of this article and significant damage or threat of significant damage or significant impediment to the establishment of the domestic production industry;

l) Specific requests for applying anti-subsidy measures, duration, and level of application.

Article 30. Acceptance of Documents for Requesting Anti-dumping Measures, Anti-subsidy Measures

1. Within fifteen days from the date of receipt of the documents for requesting anti-dumping measures and anti-subsidy measures (hereinafter referred to as the Application Documents), the Investigating Authority shall notify organizations and individuals about the completeness and validity of the Application Documents. If the Application Documents are incomplete or invalid, the Investigating Authority must notify the organizations and individuals submitting the Application Documents to supplement them.

2. The time limit for supplementing the Application Documents is determined by the Investigating Authority but shall not be less than thirty days from the date the Investigating Authority notifies the request for supplementation.

Article 31. Examination of Documents for Requesting Anti-dumping Measures and Anti-subsidy Measures

1. The examination of Application Documents and issuance of the decision to investigate shall be carried out in accordance with Clause 2 of Article 70 of the Law on Foreign Trade Management.

2. The contents of the examination of Application Documents include:

a) Determining the legitimate representative status of organizations and individuals submitting the Application Document for the domestic producing industry in accordance with Clause 2 of Article 79 and Clause 2 of Article 87 of the Law on Foreign Trade Management;

b) Determining evidence of dumping and subsidization of imported goods into Vietnam causing or threatening to cause significant damage to the domestic producing industry or significantly hindering the establishment of the domestic producing industry.

Article 32. Decision to Investigate the Application of Anti-dumping Measures and Anti-subsidy Measures

The Minister of Industry and Trade’s decision on investigating the application of anti-dumping measures and anti-subsidy measures includes the following main contents:

1. Detailed description of the imported goods under investigation, commodity code according to Vietnam's Export and Import Goods List and the applicable import tariff rate at each period;

2. Information about domestic organizations and individuals producing similar goods requesting the application of anti-dumping measures and anti-subsidy measures;

3. Summary of information on dumping and subsidization of imported goods into Vietnam causing or threatening to cause significant damage to the domestic producing industry or significantly hindering the establishment of the domestic producing industry;

4. Procedures and processes for investigating the application of anti-dumping measures and anti-subsidy measures.

Article 33. Establishment of the Request File for Anti-Dumping and Countervailing Measures in the Absence of a Requesting Party

1. In cases where there is no requesting party but there are clear signs that dumped or subsidized imported goods are causing or threatening to cause significant damage to domestic industries, the Investigating Authority shall establish the Request File for Anti-Dumping and Countervailing Measures to submit to the Minister of Industry and Trade for consideration and decision on investigation.

2. The Request File established by the Investigating Authority must ensure the contents prescribed in Articles 28 and 29 of this Decree (except for points a, b, and c of Clause 2).

3. Organizations and individuals related to the matter have the responsibility to cooperate and provide necessary information upon request of the Ministry of Industry and Trade.

Article 34. Investigation Period

1. The investigation period to determine dumping and subsidy is twelve months. In special cases, the Investigating Authority may determine another investigation period but it must not be less than six months.

2. The investigation period to determine injury must be at least three years and must include the entire investigation period to determine the act of dumping and subsidy. In cases where the relevant party has been operating for less than three years, the collected data will be the entire period of operation of that relevant party up to the date of the investigation decision.

Article 35. Investigation Questionnaire

1. Within fifteen days from the date the Minister of Industry and Trade decides to investigate, the Investigating Authority sends the investigation questionnaire to the relevant parties, including:

a) Domestic producers of similar goods;

b) Foreign producers and exporters exporting the investigated goods subject to anti-dumping and countervailing measures into Vietnam known to the Investigating Authority;

c) Representatives in Vietnam of the government of the producing and exporting country of the goods subject to anti-dumping and countervailing measures;

d) Importers of the goods subject to anti-dumping and countervailing measures;

e) Other relevant parties.

2. Within thirty days from the date of receipt of the investigation questionnaire, the relevant parties must fully answer the investigation questionnaire in writing. In case of necessity or if the relevant parties request an extension with reasonable grounds in writing, the Investigating Authority may grant an extension but not exceeding thirty days.

3. The investigation questionnaire is deemed received seven days after the Investigating Authority dispatches it. The dispatch date is determined based on the postmark.

Article 36. Selection of Sample for Investigation

1. In cases where the number of foreign producers and exporters, importers, and domestic producers is too large or the types of goods subject to anti-dumping and countervailing measures are too numerous, the Investigating Authority may limit the scope of the investigation.

2. Limitation of the scope of the investigation shall be carried out according to the following provisions:

a) The limitation of the scope of the investigation shall be conducted through appropriate statistical sampling methods based on the volume and quantity of goods subject to anti-dumping and countervailing measures produced and exported to Vietnam by the responding party or other information available to the Investigating Authority at the time of sampling;

b) When conducting sampling for investigation, the Investigating Authority may consult with the responding party and relevant importers regarding the sampling process and obtain their agreement on the sampling method.

Section 4. APPLICATION OF ANTI-DUMPING AND COUNTERVAILING MEASURES

Article 37. APPLICATION OF TEMPORARY ANTI-DUMPING AND COUNTERVAILING DUTIES

1. The application of temporary anti-dumping and countervailing duties, the rate of duty, the period for levying such duties, and the extension of the period for levying such duties shall be carried out in accordance with the provisions of Clause 1, Article 81 and Clause 1, Article 89 of the Law on Foreign Trade Management.

2. The decision to apply temporary anti-dumping and countervailing duties shall include the following main contents:

a) Description of the imported goods subject to the temporary anti-dumping and countervailing duties, including the name, basic characteristics, primary purpose of use, commodity code according to the List of Export and Import Commodities of Vietnam, and the applicable import tariff rate under the current export and import tariff schedule;

b) Name, address, and other necessary information of the manufacturers and exporters of the goods subject to the temporary anti-dumping and countervailing duties;

c) Country of production and export of the goods subject to the temporary anti-dumping and countervailing duties;

d) Rate of temporary anti-dumping and countervailing duties;

đ) Effectiveness and duration of the temporary anti-dumping and countervailing duties;

e) Procedures, documentation for inspection, and application of temporary anti-dumping and countervailing duties.

3. Temporary anti-dumping and countervailing duties shall not be applied earlier than 60 days from the date the Minister of Industry and Trade decides to initiate an investigation.

4. In cases where the temporary anti-dumping and countervailing duties are applied at a lower rate than the dumping margin or level of subsidy in the preliminary determination, or in cases where the organization or individual exporting the investigated goods into Vietnam requests an extension of the application of temporary anti-dumping and countervailing duties and the volume of the investigated goods exported by that organization or individual constitutes a significant proportion of the total volume of the investigated goods imported into Vietnam, the Minister of Industry and Trade may extend the period for applying temporary anti-dumping and countervailing duties, but the extension period shall not exceed 60 days.

Article 38. APPLICATION OF COMMITMENT MEASURES IN ANTI-DUMPING AND COUNTERVAILING INVESTIGATIONS

1. After the Minister of Industry and Trade decides to apply temporary anti-dumping and countervailing measures and no later than 30 days before the end of the investigation phase, the manufacturer or exporter of the investigated goods or the government of the Respondent country in the case of a countervailing investigation (hereinafter referred to as the "Proposing Party") may submit a commitment to exclude dumping or subsidies (hereinafter referred to as the "Commitment") in writing to the Investigating Authority.

2. The Commitment shall include the following main contents:

a) Scope of goods;

b) Reference price including self-determined price, price increase, pricing adjustment plan;

c) Obligation to report periodically;

d) Obligation to cooperate with the Investigating Authority during the implementation of the Commitment;

đ) Other contents determined by the Investigating Authority to be appropriate.

3. Within 30 days from the date of receipt of the Commitment, the Investigating Authority shall be responsible for reviewing and reporting to the Minister of Industry and Trade for decision.

4. The Commitment shall be reviewed based on the following grounds:

a) The application of the Commitment has the potential to remedy or prevent significant damage to the domestic industry or to prevent the establishment of a domestic industry;

b) The existing management mechanism can effectively monitor the implementation of the Commitment;

c) The possibility of circumventing anti-dumping and countervailing measures through the Commitment;

d) Other factors deemed appropriate by the Investigating Authority.

5. The Investigating Authority shall only review the Commitment of the Proposing Party that has fully cooperated during the investigation phase. During the review of the Commitment, the Investigating Authority may propose adjustments to the content of the Commitment. If the Proposing Party accepts the adjustment to the content of the Commitment, the Proposing Party must submit to the Investigating Authority a revised Commitment document.

6. The Investigating Authority shall publicly announce the content of the Commitment to the interested parties. Interested parties have the right to submit written comments within the time limit specified in the announcement. In cases where the content of the Commitment contains information requiring confidentiality, the Proposing Party shall implement confidentiality in accordance with Article 11 of this Decree.

Article 39. Decision on Commitment to Exclude Dumping and Subsidies

1. Based on the report of the Investigating Authority, the Minister of Industry and Trade shall consider issuing a decision to accept or not to accept the commitment of the Party making the proposal. In case the commitment of the Party making the proposal is not accepted, the Minister of Industry and Trade must notify the reasons for not accepting the commitment.

2. The decisions prescribed in Clause 1 of this Article must be publicly announced to the relevant parties by appropriate means.

3. After the decision prescribed in Clause 1 of this Article is issued, the Investigating Authority continues to investigate and issue the final conclusion as follows:

a) In case the final conclusion of the Investigating Authority determines that there is no dumping or subsidy behavior, or no significant damage or threat of causing significant damage to the domestic industry or significant impediment to the establishment of a domestic industry, the Minister of Industry and Trade decides to terminate the case and cease implementation of the commitment;

b) In case the final conclusion of the Investigating Authority determines that there is dumping or subsidy behavior and significant damage or threat of causing significant damage to the domestic industry or significant impediment to the establishment of a domestic industry, the commitment will continue to be implemented according to the contents specified in the commitment.

Article 40. Supervision of Commitment Implementation

1. When the commitment is accepted, the Party making the commitment must be subject to supervision by the Investigating Authority regarding the implementation of the commitment.

2. The Investigating Authority conducts supervision of commitment implementation as follows:

a) Requesting the Party making the commitment to periodically provide information and documents related to the implementation of the commitment and proving the accuracy of such information and documents;

b) Periodically comparing the information provided by the Party making the commitment about the volume, quantity, and price of goods being imported into Vietnam under the commitment with the information provided by the customs authority;

c) Conducting on-site investigations of the Party making the commitment when necessary;

d) Checking information with importers of the Party making the commitment;

đ) Other forms determined by the Investigating Authority to be appropriate.

Article 41. Violation of Commitment Implementation

Commitment implementation will be considered a violation in the following cases:

1. The Party making the commitment exports goods under investigation into Vietnam at a lower price than the committed price;

2. The Party making the commitment does not periodically provide information about the implementation of the commitment as specified in the content of the commitment;

3. The Party making the commitment does not cooperate with the Investigating Authority in verifying and conducting on-site investigations of the periodic information provided by the Party making the commitment;

4. Information and figures provided by the Party making the commitment about the implementation of the commitment are inaccurate;

5. The Party making the commitment engages in circumvention of anti-dumping and anti-subsidy measures currently in place;

6. The Party making the commitment unilaterally cancels the commitment but does not notify the Investigating Authority as prescribed in Clause 3 of Article 42 of this Decree;

7. Other cases determined by the Investigating Authority.

Article 42. Cancellation of Commitment Implementation

The commitment is canceled in the following cases:

1. The Party making the commitment violates the commitment as prescribed in Article 41 of this Decree;

2. The Investigating Authority proposes cancellation of the commitment implementation;

3. The Party making the commitment requests cancellation of the commitment. The Party making the commitment may request cancellation of the commitment at any time during the validity period of the commitment, provided that the cancellation must be notified to the Investigating Authority at least 30 days before the cancellation is carried out.

Article 43. Application of Anti-dumping and Countervailing Measures After the Cancellation of Commitments

1. In cases where the cancellation of commitments is carried out according to the provisions of Clause 1, Article 42 of this Decree, the Minister of Industry and Trade has the authority to decide on the application of formal anti-dumping and countervailing measures based on available information and apply retroactively to goods from the Committing Party that violate their commitments.

2. In cases where the cancellation of commitments is carried out according to the provisions of Clauses 2 and 3, Article 42 of this Decree, the application of anti-dumping and countervailing measures shall be implemented as follows:

a) In cases where the cancellation of commitments occurs during the period when provisional anti-dumping and countervailing measures are being applied, the Minister of Industry and Trade decides to cancel the commitment and notifies the customs authority to apply provisional anti-dumping and countervailing measures based on the preliminary conclusion.

b) In cases where the cancellation of commitments occurs during the period when formal anti-dumping and countervailing measures are being applied, the Minister of Industry and Trade decides to cancel the commitment and notifies the customs authority to apply formal anti-dumping and countervailing measures based on the final conclusion.

Article 44. Application of Formal Anti-dumping and Countervailing Measures

1. Within fifteen days from the date the Investigation Authority sends the final conclusion to the Minister of Industry and Trade, the Minister of Industry and Trade issues a decision on the case.

2. The decision on the application of formal anti-dumping and countervailing measures includes the following main contents:

a) Description of imported goods subject to anti-dumping and countervailing measures, including scientific name, trade name, common name; composition; basic physical and chemical characteristics; primary purpose of use; production process; international and Vietnamese standards and regulations; commodity code according to the Vietnam Export and Import Goods List and the applicable import tariff rate at each period;

b) Name, address, and other necessary information of manufacturers and exporters of goods subject to formal anti-dumping and countervailing measures;

c) Country of origin and export of goods subject to formal anti-dumping and countervailing measures;

d) Investigation conclusion showing the necessity to apply formal anti-dumping and countervailing measures;

đ) Specific anti-dumping and countervailing measures;

e) Effectiveness and duration of formal anti-dumping and countervailing measures;

g) Amount of tax refund if applicable;

h) Procedures, documentation for inspection and application of formal anti-dumping and countervailing measures.

Article 45. Retroactive Application of Anti-dumping and Countervailing Duties

1. The retroactive application of anti-dumping and countervailing duties is implemented according to the provisions of Clause 4, Article 81 and Clause 4, Article 89 of the Law on Foreign Trade Management.

2. The retroactive application of anti-dumping and countervailing duties is considered when there is a request from the Requesting Party regarding the sudden increase in volume and quantity of investigated goods imported into Vietnam from the time of the investigation decision to the time of applying provisional anti-dumping and countervailing duties, causing damage that is difficult to remedy to the domestic industry.

3. In cases where the formal anti-dumping and countervailing duty rate is higher than the provisional anti-dumping and countervailing duty rate, the retroactive duty rate will be equal to the provisional anti-dumping and countervailing duty rate.

4. In cases where the formal anti-dumping and countervailing duty rate is lower than the provisional anti-dumping and countervailing duty rate, the retroactive duty rate will be equal to the formal anti-dumping and countervailing duty rate.

Chapter III

INVESTIGATION AND APPLICATION OF COUNTERTMEASURES

SECTION 1. INVESTIGATION OF COUNTERTMEASURES

Article 46. Basis for conducting investigation

1. The Minister of Industry and Trade decides to conduct an investigation when there is a Request File for applying countermeasures submitted by organizations or individuals representing the domestic production industry, provided that the total volume and quantity of similar goods or directly competing goods produced by domestic producers who submit the file and support the application of countermeasures account for at least 25% of the total volume and quantity of similar goods or directly competing goods produced domestically.

2. The Minister of Industry and Trade decides to conduct an investigation if the Investigation Authority establishes a file providing evidence to prove the necessity of applying countermeasures.

Article 47. Request File for Applying Countermeasures

1. The Request File for Applying Countermeasures (hereinafter referred to as the Request File) includes the Application Form for Applying Countermeasures and related documents.

2. The Application Form for Applying Countermeasures shall include the following contents:

a) Name, address, and other necessary information of the organization or individual representing the domestic production industry;

b) Information, data, and evidence to determine the representative of the domestic production industry, including a list of organizations and individuals producing similar goods or directly competing goods domestically; the volume and quantity of similar goods or directly competing goods produced by these organizations and individuals;

c) Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;

d) Information describing the imported goods subject to the investigation for applying countermeasures, including scientific name, trade name, common name; composition; basic physical and chemical characteristics; main purpose of use; production process; international and Vietnamese standards; commodity code according to the Vietnam Export and Import Goods List and the applicable import tariff rate under the export and import tariff schedule at each period;

đ) Information describing similar goods or directly competing goods of the domestic production industry, including scientific name, trade name, common name; basic physical and chemical characteristics; main purpose of use; production process; international and Vietnamese standards;

e) Information on the volume, quantity, and value of the imported goods specified in point d of this clause during the three years prior to submitting the Request File;

g) Information on the volume, quantity, and value of similar goods or directly competing goods of the domestic production industry specified in point đ of this clause during the three years prior to submitting the Request File. In cases where the domestic production industry has been operating for less than three years, the collected data will be the entire period of operation of the domestic production industry up to the time of submitting the Request File;

h) Information, data, and evidence regarding serious injury or threat of serious injury to the domestic industry;

i) Information, data, and evidence about the causal relationship between the importation of goods specified in point d of this clause and serious damage or threat of serious damage to the domestic production industry;

k) Specific requirements for applying countermeasures, duration of application, and degree of application.

Article 48. Establishment of Request File for Applying Countermeasures in the Absence of a Requester

1. In cases where there is no requester but there are clear signs that excessive imports into Vietnam have caused or threaten to cause serious damage to the domestic production industry, the Investigation Authority shall establish a Request File for Applying Countermeasures to submit to the Minister of Industry and Trade for consideration and decision to investigate.

2. The content of the file established by the Investigation Authority must ensure the provisions set out in Article 47 of this Decree (except points a, b, and c of Clause 2).

3. Organizations and individuals related to the matter have the responsibility to cooperate and provide necessary information upon request of the Ministry of Industry and Trade.

Article 49. Examination of the Application File

1. Within fifteen days from the date of receipt of the Application File, the Investigating Authority shall be responsible for examining the completeness and validity of the Application File.

2. In cases where it is determined that the Application File is incomplete or invalid, the Investigating Authority shall notify the organization or individual submitting the Application File. The organization or individual shall have at least thirty days to supplement the missing contents according to the requirements of the Investigating Authority.

3. Within forty-five days from the date the Investigating Authority receives a complete and valid Application File, the Investigating Authority shall be responsible for examining the file and submitting it to the Minister of Industry and Trade for consideration and decision on investigation. In case of necessity, the issuance of the investigation decision may be extended but not exceeding thirty days.

4. The examination of the Application File includes the following contents:

a) Determining the lawful representative status of organizations and individuals submitting the application file for the domestic production industry as stipulated in Clause 1, Article 46 of this Decree;

b) Determining evidence regarding the excessive importation of goods into Vietnam causing or threatening to cause serious damage to the domestic production industry.

Article 50. Decision on Investigation and Application of Defensive Measures

The decision of the Minister of Industry and Trade on the investigation and application of defensive measures includes the following main contents:

1. Detailed description of the imported goods under investigation, commodity code according to Vietnam's Export and Import Goods List and the applicable import tariff rate at each period;

2. Names of enterprises and representatives of organizations and individuals producing similar goods or directly competing goods within the country requesting the application of defensive measures;

3. Summary of information about the increase in imported goods under investigation;

4. Serious damage or threat of serious damage to the domestic production industry due to the increase in imports.

Article 51. Determination of Serious Damage and Threat of Serious Damage to the Domestic Production Industry

1. When determining serious damage and threat of serious damage to the domestic production industry, the Investigating Authority shall consider the following factors:

a) The extent of absolute or relative increase in the volume and quantity of imported goods compared to the volume and quantity of similar or directly competing goods produced domestically;

b) The extent of the increase in the volume and quantity of imported goods specified in point a of this clause due to unforeseen developments;

c) The impact of the price of imported goods under investigation on the price of similar or directly competing goods produced domestically;

d) The impact of the increase in imported goods under investigation on the domestic production industry through factors such as market share, revenue, production volume, designed capacity, utilized capacity, profit, labor, inventory, and other factors deemed appropriate by the Investigating Authority.

2. The determination of serious damage and threat of serious damage to the domestic production industry must be based on specific evidence.

3. The investigation period for determining serious damage or threat of serious damage to the domestic production industry is three years. In cases where the domestic production industry has been operating for less than three years, the data collected will cover the entire period of operation of the domestic production industry up to the time when the Minister of Industry and Trade decides to conduct the investigation.

Section 2. APPLICATION OF COUNTERMEASURES

Article 52. APPLICATION OF TEMPORARY COUNTERMEASURES

1. On the basis of preliminary conclusions, the Minister of Industry and Trade decides to apply temporary countermeasures when the following factors exist:

a) There is an excessive increase in imports of the goods under investigation;

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

c) The excessive increase in imports specified in point a of this clause is the cause of serious damage or threat of serious damage to the domestic production industry;

d) Delay in applying countermeasures causes serious damage or threatens to cause serious damage to the domestic production industry, and such damage is difficult to remedy later.

2. Temporary countermeasures may only be applied in the form of additional import duties.

3. The decision to apply temporary countermeasures shall be publicly announced with the following contents:

a) Detailed description of the imported goods subject to temporary countermeasures, commodity codes according to the List of Export and Import Goods of Vietnam, and the applicable import duty rate under the current export and import tariff schedule;

b) List of countries exempted from the application of temporary countermeasures;

c) Rate of temporary countermeasures;

d) Duration of the application of temporary countermeasures;

đ) Information and evidence proving that the excessive increase in imports of the goods under investigation has caused or threatens to cause serious damage to the domestic production industry;

e) Information and evidence proving that delay in applying temporary countermeasures will cause or threaten to cause serious damage to the domestic production industry and such damage is difficult to remedy;

g) Procedures, documentation for inspection and application of temporary countermeasures.

4. The Minister of Industry and Trade may decide to suspend the application of temporary countermeasures before the deadline if necessary.

Article 53. APPLICATION OF FINAL COUNTERMEASURES

1. Not later than fifteen days from the date the Investigating Authority sends the final conclusion, the Minister of Industry and Trade issues the final decision on the case.

2. The decision to apply final countermeasures includes the following main contents:

a) Description of the imported goods subject to final countermeasures including name, basic characteristics, primary purpose of use, commodity codes according to the List of Export and Import Goods of Vietnam, and the applicable import duty rate under the current export and import tariff schedule;

b) Final countermeasures;

c) Effectiveness and duration of the application of final countermeasures;

d) Refund of the difference in anti-dumping duty if any;

đ) Procedures, documentation for inspection and application of final countermeasures;

e) Investigation conclusion showing the necessity to apply final countermeasures.

Article 54. PROVISIONS ON THE APPLICATION OF QUOTA IMPORT LIMITS AND QUOTED CUSTOMS DUTIES

In the event that the Minister of Industry and Trade decides to apply final countermeasures through quota import limits and quoted customs duties, it shall be implemented as follows:

1. The quantity of quota import limits and quoted customs duties shall not be lower than the average quantity of imports over the last three years with import data, unless the Investigating Authority provides clear arguments and evidence that a lower quantity of quota import limits is necessary to prevent or mitigate serious damage or threats of serious damage.

2. The Ministry of Industry and Trade shall allocate quotas among exporting countries based on market share calculated from the total quantity of goods exported to Vietnam over the last three years with import data, taking into account special factors affecting trade activities.

3. The Ministry of Industry and Trade shall have the responsibility to consult with countries whose major quantities of imports are allocated quotas.

4. In cases where quota import limits are applied for more than one year, the Ministry of Industry and Trade shall have the responsibility to loosen quota import limits and quoted customs duties during the application period of subsequent years.

5. Customs authorities shall cooperate with the Ministry of Industry and Trade in monitoring and managing the application of quota import limits and quoted customs duties.

Chapter IV.

INSPECTION OF THE APPLICATION OF TRADE DEFENSE MEASURES

Section 1. GENERAL PROVISIONS

Article 55. Documents for Requesting Review of Anti-Dumping and Countervailing Measures Application

The documents for requesting review (hereinafter referred to as the "Review Request Documents") include:

1. A request form for reviewing anti-dumping and countervailing measures according to the model issued by the Investigating Authority;

2. Any documents and information that the party requesting review considers necessary.

Article 56. Examination of Review Request Documents

1. Within fifteen days from the date of receipt of the Review Request Documents, the Investigating Authority must notify organizations and individuals about the completeness and validity of the Review Request Documents. If the Review Request Documents are incomplete or invalid, the Investigating Authority must notify the organization or individual submitting the Review Request Documents to supplement the documents.

2. Within thirty days from the date of receiving complete and valid Review Request Documents, the Investigating Authority is responsible for examining the documents and sending them to the Minister of Industry and Trade for consideration and decision on reviewing the application of anti-dumping and countervailing measures.

Article 57. Questionnaire for Review Investigation

1. Within fifteen days from the date of the review decision, the Investigating Authority shall send the questionnaire for investigation to the following entities:

a) The party submitting the Review Request Documents;

b) The party being requested to be reviewed;

c) Other related parties that the Investigating Authority deems necessary.

2. Within thirty days from the date of receipt of the questionnaire for review investigation, the party receiving the questionnaire must submit a full response to the Investigating Authority. This period may be extended once by up to thirty days at the discretion of the Investigating Authority based on the extension request submitted by the party requesting the extension.

3. The questionnaire for investigation is deemed received seven working days after it is sent by the Investigating Authority. The date of dispatch is determined based on the postmark.

Section 2. REVIEW OF ANTI-DUMPING AND COUNTERVAILING MEASURES

Subsection 1. REVIEW AT THE REQUEST OF RELATED PARTIES TO ANTI-DUMPING AND COUNTERVAILING MEASURES

Article 58. Submission of Review Request Documents at the Request of Related Parties

1. Within sixty days before the end of each year from the date of the official decision to apply anti-dumping or countervailing measures or the latest decision on the results of the review of such measures, the relevant parties as stipulated in Article 59 of this Decree may submit the Review Request Documents, except where the deadline for submission of the documents is less than nine months prior to the date when the Minister of Industry and Trade must decide whether to conduct a final review of the anti-dumping or countervailing measures.

2. The contents of the Review Request Documents are based on the model document issued by the Investigating Authority.

Article 59. Party Requesting Review

The following organizations and individuals have the right to submit Review Request Documents for the application of anti-dumping and countervailing measures as provided for in Article 58 of this Decree:

1. Domestic producers as defined in Clause 2 of Article 79 and Clause 2 of Article 87 of the Law on Foreign Trade Management;

2. Foreign producers and exporters have the right to submit Review Request Documents for the application of anti-dumping and countervailing measures against themselves;

3. Importers of goods subject to anti-dumping and countervailing measures;

4. The government of foreign producers and exporters has the right to submit Review Request Documents for the application of countervailing measures against producers and exporters of that country.

Article 60. Contents of Review at the Request of Interested Parties

The Investigating Authority shall conduct a review of one or more of the following contents based on the review contents requested by interested parties:

1. The margin of dumping, level of subsidy of one, several, or all foreign producers and exporters;

2. Commitments to exclude dumping, subsidies of one, several, or all foreign producers and exporters who have made commitments;

3. Damage to the domestic industry and the causal relationship between the dumping, subsidies of the relevant foreign producers and exporters and damage to the domestic industry;

4. Scope of application of anti-dumping and countervailing measures.

Article 61. Decision on Results of Review at the Request of Interested Parties

1. Within fifteen days from the date the Investigating Authority sends the Review Conclusion, the Minister of Industry and Trade shall issue a decision on the results of the review of trade remedy measures.

2. Based on the conclusion of the review by the Investigating Authority, the Minister of Industry and Trade shall issue one of the following decisions:

a) Adjust or not adjust the application of anti-dumping and countervailing measures based on the results of the review under Article 60 of this Decree;

b) Terminate the application of anti-dumping and countervailing measures in cases where the review conclusion determines that such measures are no longer necessary to remedy damage to the domestic industry or the domestic industry will not suffer damage if the anti-dumping and countervailing measures are terminated.

3. The adjustment of the application of anti-dumping and countervailing measures provided for in point a, Clause 2 of this Article does not affect the duration of the existing anti-dumping and countervailing measures.

Subsection 2. END-OF-PERIOD REVIEW OF THE APPLICATION OF ANTI-DUMPING AND COUNTERVAILING MEASURES

Article 62. Submission of End-of-Period Review Request Files

1. At least twelve months before the date when the decision on the application of anti-dumping and countervailing measures expires, the Investigating Authority shall notify the acceptance of end-of-period review request files for the application of anti-dumping and countervailing measures.

2. Within thirty days from the date of the notification by the Investigating Authority, domestic producers representing the domestic industry pursuant to Clause 2 of Article 79 and Clause 2 of Article 87 of the Law on Foreign Trade Management have the right to submit end-of-period review request files for the application of anti-dumping and countervailing measures.

Article 63. Contents of End-of-Period Review of the Application of Anti-Dumping and Countervailing Measures

1. The Investigating Authority shall conduct an end-of-period review to assess the possibility of continuing or reoccurring dumping or subsidizing behavior causing damage to the domestic industry in cases where the anti-dumping and countervailing measures are terminated.

2. The end-of-period review of the application of anti-dumping and countervailing measures includes the following contents:

a) The possibility of imported goods being dumped, subsidized if the anti-dumping and countervailing measures are terminated;

b) The possibility of the domestic industry suffering significant damage or being threatened with significant damage if the anti-dumping and countervailing measures are terminated;

c) The causal relationship between the possibility of dumping, subsidizing and the possibility of damage that the domestic industry must bear.

Article 64. Decision on the results of the final review of the application of anti-dumping and countervailing measures

Based on the conclusions of the investigating authority, the Minister of Industry and Trade shall issue one of the following decisions:

1. Extend the application of anti-dumping and countervailing measures in cases where the final conclusion determines that removing such measures may lead to the continuation or recurrence of dumping or subsidizing behavior causing damage to the domestic industry.

2. Terminate the application of anti-dumping and countervailing measures in cases where domestic producers withdraw their request for a final review or the final conclusion of the investigating authority determines that there is no possibility of continuing or recurring dumping or subsidizing behavior causing damage to the domestic industry.

Subsection 3. REVIEW OF NEW EXPORTERS

Article 65. Determination of new exporters

1. A new exporter is a producer or exporter from an exporting country subject to anti-dumping and countervailing measures who did not export the goods under investigation to Vietnam during the initial investigation period.

2. A new exporter has the right to submit a Request for Review of anti-dumping and countervailing measures if they meet all of the following conditions:

a) The new exporter does not have any relationship with the producers or exporters currently subject to anti-dumping and countervailing measures as stipulated in Article 5 of this Decree;

b) The new exporter genuinely exports the goods in question to Vietnam after the initial investigation period determined by the investigating authority;

c) The volume and quantity of exports to Vietnam at the time of submitting the Request for Review must be sufficient for the investigating authority to determine a reasonable export price.

3. A new exporter may submit a Request for Review after the decision to apply anti-dumping and countervailing measures becomes effective.

Article 66. Content of the review of new exporters

The review of new exporters includes the following contents:

1. Specific dumping margin and specific subsidy rate of the new exporter;

2. Conditions for applying anti-dumping and countervailing measures against the new exporter.

Article 67. Decision on the results of the review of new exporters

Based on the conclusions of the review of new exporters by the investigating authority, the Minister of Industry and Trade shall issue one of the following decisions:

1. Apply specific anti-dumping and countervailing measures against the new exporter;

2. Continue to apply existing anti-dumping and countervailing measures in effect in cases where the new exporter withdraws the Request for Review or fails to cooperate during the review process.

Section 3. REVIEW OF SELF-DEFENSE MEASURES

Article 68. Mid-term review of the application of self-defense measures

1. In cases where the duration of the application of self-defense measures, including temporary self-defense measures, exceeds three years, the Minister of Industry and Trade shall be responsible for conducting a mid-term review of the application of self-defense measures.

2. Based on the conclusions of the mid-term review by the investigating authority, the Minister of Industry and Trade shall issue one of the following decisions:

a) Maintain the application of self-defense measures;

b) Reduce the level of application of self-defense measures;

c) Terminate the application of self-defense measures.

Article 69. Mid-term Review of Anti-dumping Measures Application

1. At least nine months before the date when the decision on applying anti-dumping measures expires, the Investigating Authority shall notify about receiving the application for mid-term review of the application of anti-dumping measures. Within thirty days from the date of notification by the Investigating Authority, organizations and individuals have the right to submit the application for mid-term review of the application of anti-dumping measures.

2. The mid-term review of the application of anti-dumping measures includes the following contents:

a) Determining the extent of increase of imported goods into Vietnam since the application of anti-dumping measures;

b) Assessing the operation status of domestic production industry since the application of anti-dumping measures;

c) Adjustments made by the domestic production industry since the application of anti-dumping measures;

d) The possibility of serious damage or threat of serious damage to the domestic production industry if the application of anti-dumping measures is terminated.

3. The contents of the decision on the results of the mid-term review of the application of anti-dumping measures include:

a) Extending or not extending the application of anti-dumping measures;

b) Adjusting the level of application of anti-dumping measures;

c) Adjusting the scope of application of anti-dumping measures.

Section 4. REVIEW OF THE SCOPE OF GOODS

Article 70. Submission of Applications by Interested Parties

1. Organizations and individuals entitled to submit applications for review include:

a) Domestic producers;

b) Foreign producers and exporters;

c) Importers;

d) Organizations and individuals using imported goods.

2. The Minister of Industry and Trade shall consider and decide on reviewing the scope of goods subject to trade remedy measures based on the application for review.

Article 71. Contents of Review of the Scope of Goods Subject to Trade Remedy Measures

The review of the scope of goods subject to trade remedy measures includes the following contents:

1. Comparing imported goods with similar goods or directly competing domestic products;

2. The substitutability of imported goods;

3. The production capacity of similar goods or directly competing domestic products of the domestic production industry.

Article 72. Decision on Results of Review of the Scope of Goods Subject to Trade Remedy Measures

Based on the conclusions of the investigating authority, the Minister of Industry and Trade shall issue one of the following decisions:

1. Not adjusting the scope of goods subject to trade remedy measures.

2. Narrowing the scope of goods subject to trade remedy measures.

3. Exempting specific importers from the application of trade remedy measures.

Chapter V

AVOIDANCE OF TRADE REMEDY MEASURES

Chapter 1. AVOIDANCE OF TRADE REMEDY MEASURES

Article 73. Expansion of the Scope of Application of Trade Remedy Measures

The scope of application of trade remedy measures may be expanded for goods that avoid trade remedy measures as follows:

1. Raw materials, components, or supplies originating from countries subject to trade remedy measures imported into Vietnam for the production of goods subject to trade remedy measures;

2. Similar goods to those currently subject to trade remedy measures originating from third countries which use raw materials, components, or supplies originating from countries currently subject to trade remedy measures;

3. Imported goods originating from countries subject to trade remedy measures that differ insignificantly from goods currently subject to trade remedy measures;

4. Goods subject to trade remedy measures being transshipped through third countries;

5. Goods subject to trade remedy measures being changed in form of business and distribution channels to benefit from lower levels of trade remedy measures than those currently applied.

Article 74. Evading Trade Remedies Measures through Production and Assembly in Vietnam

Goods described in Clause 1 of Article 73 of this Decree shall be considered to evade trade remedies measures through production and assembly in Vietnam if they meet all of the following conditions:

1. Goods similar to goods subject to trade remedy measures are produced or assembled in Vietnam from raw materials, components, or materials imported from countries subject to trade remedy measures, sold at prices lower than the normal value of goods subject to trade remedy measures;

2. Raw materials, components, or materials originating from countries subject to trade remedy measures are imported into Vietnam primarily for the purpose of producing goods subject to trade remedy measures;

3. The volume of production and assembly activities significantly increases in Vietnam immediately before or from the date on which the Minister of Industry and Trade decides to initiate an investigation;

4. Raw materials, components, or materials originating from countries subject to trade remedy measures account for at least 60% of the total value of raw materials, components, or materials used to produce or assemble goods subject to trade remedy measures in Vietnam.

Article 75. Value Added

In cases where the value added during the production and assembly of goods as stipulated in Article 74 of this Decree exceeds 25% of the total production costs of goods subject to trade remedy measures, the importation of raw materials, components, or materials shall not be considered as evading trade remedy measures. Where necessary, the investigating authority may consider other appropriate ratios of value added to total production costs based on the characteristics of the industry in question.

Article 76. Evading Trade Remedies Measures through Production and Assembly in a Third Country

Goods described in Clause 2 of Article 73 of this Decree shall be considered to evade trade remedy measures if they meet all of the following conditions:

1. The export price of goods from a third country to Vietnam is lower than the normal value of goods subject to the initial trade remedy investigation;

2. The quantity of goods imported into Vietnam accounts for a significant proportion of the total sales volume of the producer or exporter;

3. The quantity of goods imported into Vietnam begins to increase significantly immediately before or from the date on which the Minister of Industry and Trade decides to initiate an investigation;

4. Raw materials, components, or materials originating from countries subject to trade remedy measures account for at least 60% of the total value of raw materials, components, or materials of goods subject to trade remedy measures exported to Vietnam.

Article 77. Evading Trade Remedies Measures through Minor Changes to Goods Subject to Trade Remedy Measures

Goods described in Clause 3 of Article 73 of this Decree shall be considered to evade trade remedy measures if they meet all of the following conditions:

1. The quantity of goods described in Clause 3 of Article 73 of this Decree imported into Vietnam significantly increases compared to the quantity of goods subject to trade remedy measures imported into Vietnam by the producer or exporter;

2. The quantity of goods described in Clause 3 of Article 73 of this Decree imported into Vietnam significantly increases immediately before or from the date on which the Minister of Industry and Trade decides to initiate an investigation.

Article 78. Determination of Insignificant Differences

The insignificant differences specified in Clause 3 of Article 73 of this Decree shall be determined when the imported goods are almost identical to the goods subject to trade remedy measures in terms of characteristics, intended use, distribution channels, and costs.

Section 2. INVESTIGATION AND APPLICATION OF MEASURES TO COMBAT EVASION OF TRADE REMEDY MEASURES

Article 79. Application File for Measures to Combat Evasion of Trade Remedy Measures

1. The application file for measures to combat evasion of trade remedy measures includes the Application Form for Measures to Combat Evasion of Trade Remedy Measures and related information and documents.

2. The Application Form for Measures to Combat Evasion of Trade Remedy Measures shall include the following contents:

a) Name, address, and other necessary information of the Requesting Party;

b) Description of the imported goods subject to the request for measures to combat evasion of trade remedy measures, including scientific name, trade name, common name; composition; basic physical and chemical properties; main intended use; production process; international and Vietnamese standards; commodity code according to the Vietnam Export-Import Goods List and the applicable import duty rate at each period;

c) Description of the quantity of the imported goods as stipulated in Article 73 of this Decree;

d) Description of the quantity of similar goods produced domestically;

đ) Information on the export price of the goods described under point b of this clause at the time of importation into Vietnam within a minimum period of 12 months prior to the submission of the Application File by the Requesting Party or before the Investigation Authority establishes the file pursuant to the decision of the Minister of Industry and Trade;

e) Information, data, and evidence regarding the acts of evading trade remedy measures that the Requesting Party alleges;

g) Name, address, and other necessary information of all Responding Parties;

h) Specific requests for the application of measures to combat evasion of trade remedy measures, the duration of application, and the extent of application.

Article 80. Establishment of the Application File for Measures to Combat Evasion of Trade Remedy Measures in the Absence of a Requesting Party

In cases where there is no Requesting Party but there are indications of acts of evading trade remedy measures, the Investigation Authority shall establish the Application File for Measures to Combat Evasion of Trade Remedy Measures and submit it to the Minister of Industry and Trade for consideration and decision to initiate an investigation.

Article 81. Procedure, Formalities, and Contents of Investigation

1. Within fifteen days from the date of receipt of the Application File, the Investigating Authority shall be responsible for examining the completeness and validity of the Application File.

2. In cases where the Application File is incomplete or invalid, the Investigation Authority shall notify the organization or individual submitting the file and such organization or individual shall have at least 30 days to supplement the missing contents as required by the Investigation Authority.

3. Within 45 days from the date of receipt of a complete and valid Application File, the Minister of Industry and Trade shall consider and decide to initiate an investigation based on the results of the Investigation Authority's review of the Application File.

4. The investigation against evasion of trade remedy measures shall include the following contents:

a) Identification of acts of evading trade remedy measures;

b) Changes in trade flows from countries of origin or exporting countries after the implementation of the trade remedy measure and whether such changes are the cause of the ongoing evasion of the effective trade remedy measure;

c) Damage to the domestic producing industry or reduction in the effectiveness of the ongoing trade remedy measure.

Article 82. Investigation Period

1. The investigation period for applying anti-circumvention measures against trade remedy measures shall not exceed six months from the date of the investigation decision.

2. In special cases, the Minister of Industry and Trade may decide to extend the investigation period but not exceeding six months.

Article 83. Application of Anti-Circumvention Measures Against Trade Remedy Measures

1. Within fifteen days from the date the Investigative Authority sends the final conclusion, the Minister of Industry and Trade shall issue a decision to apply or not apply anti-circumvention measures against trade remedy measures.

2. In case of a decision to apply anti-circumvention measures against trade remedy measures, the existing trade remedy measures shall be extended to apply to each producer or exporter of goods described in Article 73 of this Decree and determined to have circumvented trade remedy measures.

3. The application period of anti-circumvention measures against trade remedy measures shall terminate when the initial application period of the trade remedy measures expires.

Chapter VI

HANDLING OF TRADE REMEDY MEASURES APPLIED TO VIETNAMESE EXPORTS

Article 84. Principles of Handling

1. Activities to assist Vietnamese traders being investigated and subject to trade remedy measures as stipulated in Article 76 of the Law on Foreign Trade Management shall be carried out based on a written request from the trader, relevant industry association.

2. Initiating litigation against the importing country as provided for in Article 90 of this Decree shall be conducted by the Ministry of Industry and Trade based on collected information and after coordinating with relevant ministries, agencies, competent authorities, reporting, and obtaining approval from the Prime Minister for the litigation plan.

3. The Ministry of Finance shall ensure a special budget for activities to assist traders as prescribed in Article 76 of the Law on Foreign Trade Management.

4. Assistance activities must ensure the rights and legitimate interests of Vietnamese traders in accordance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Article 85. Provision of Information Related to Cases

The information provided to traders under point a, Clause 1, Article 76 of the Law on Foreign Trade Management shall be information published or permitted to be published by relevant authorities of the importing country according to international treaties to which the Socialist Republic of Vietnam is a party.

Article 86. Early Warning System for Foreign Trade Remedy Litigation

1. The Ministry of Industry and Trade shall establish and operate an early warning system for potential foreign trade remedy litigation to inform enterprises and industry associations to prevent, avoid, and prepare to counter such litigation.

2. The Ministry of Industry and Trade shall specify the organization and operation of the early warning system.

Article 87. Exchange with Importing Countries Investigating and Applying Trade Remedy Measures on Vietnamese Exports

The exchange with importing countries investigating and applying trade remedy measures as stipulated in point b, Clause 1, Article 76 of the Law on Foreign Trade Management shall be conducted through appropriate forms organized by the Ministry of Industry and Trade, in compliance with Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party.

Article 88. Assistance Activities in Cases Where Vietnamese Merchants Are Subject to Anti-subsidy Measures by Importing Countries

In cases where Vietnamese merchants are subject to anti-subsidy measures as stipulated in Clause 2, Article 76 of the Law on Foreign Trade Management, the Ministry of Industry and Trade shall take the lead in developing cooperation plans with relevant agencies of the importing country as follows:

1. Conduct consultations with foreign investigating authorities regarding the alleged subsidy programs of Vietnam;

2. Provide information and documents requested by foreign investigating authorities concerning the alleged subsidy programs of Vietnam in accordance with current laws;

3. Organize meetings with foreign investigating authorities during on-site investigations regarding the alleged subsidy programs of Vietnam;

4. Other appropriate activities.

Article 89. Developing Compensation and Retaliatory Measures Plans in Cases Where Vietnamese Merchants Are Subject to Anti-dumping Measures by Importing Countries

1. The Ministry of Industry and Trade shall take the lead and coordinate with ministries, ministerial-level agencies, organizations, and individuals related to develop compensation claim plans in accordance with international treaties to which the Socialist Republic of Vietnam is a party, and submit them for approval by the Prime Minister.

2. The Ministry of Industry and Trade shall take the lead and consult with relevant agencies of the importing country on the approved compensation claim plan under Clause 1 of this Article and issue a decision to implement specific plans.

3. In cases where the Government of Vietnam and the government of the importing country fail to reach an agreement on compensation issues, the Ministry of Industry and Trade shall take the lead and coordinate with ministries, ministerial-level agencies, organizations, and individuals related to develop retaliatory measures plans in accordance with international treaties to which the Socialist Republic of Vietnam is a party, report to the Prime Minister for approval, and issue a decision to implement the approved retaliatory measures plan.

4. The procedures and processes for requesting compensation and retaliatory measures shall be carried out in accordance with Vietnamese law and relevant international treaties to which the Socialist Republic of Vietnam is a party.

Article 90. Initiating Legal Action Against Importing Countries Upon Discovery of Violations of International Treaties to Which the Socialist Republic of Vietnam Is a Party

1. The Ministry of Industry and Trade shall take the lead and coordinate with ministries, ministerial-level agencies, and other competent state management agencies to consider initiating legal action based on collected information or written requests from merchants or industry associations, report to the Prime Minister, and implement the legal action plan approved by the Prime Minister according to Point c, Clause 1, Article 76 of the Law on Foreign Trade Management.

2. In cases where merchants or industry associations submit written requests for legal action, such requests must include the following contents:

a) Description of trade defense measures investigated and applied by foreign countries;

b) Damage caused by the investigation and application of trade defense measures as described in point a of this clause;

c) Description of violations of international treaties to which the Socialist Republic of Vietnam is a party;

d) Proposals from merchants or industry associations;

e) Other relevant information and documents that merchants or industry associations consider necessary.

3. Procedures and processes for initiating legal action against importing countries applying trade defense measures shall be carried out in accordance with provisions in international treaties to which the Socialist Republic of Vietnam is a party.

4. Information and documents during the pre-litigation review and evaluation process, during litigation, or information requested by parties to be kept confidential shall be treated as confidential information in accordance with current laws.

5. Merchants or industry associations that have submitted written requests under Clause 2 of this Article shall have the responsibility to fully cooperate with the Ministry of Industry and Trade during the litigation process against importing countries applying trade defense measures.

Article 91. Participation of interested parties in anti-dumping, countervailing duty, and safeguard investigations, and third-party participation in dispute settlement cases at the World Trade Organization related to trade remedy measures

1. The Ministry of Industry and Trade shall consider registering for participation as an interested party when foreign countries investigate and apply trade remedy measures against Vietnam's exported goods.

2. The Ministry of Industry and Trade shall consider registering for third-party participation in dispute settlement cases at the World Trade Organization if the case involves Vietnam’s rights and interests in the field of trade remedies. In necessary cases, the Ministry of Industry and Trade may seek opinions from relevant ministries and agencies before considering registration for participation.

3. The Ministry of Industry and Trade may provide information and documents during third-party participation under Clause 2 of this Article upon written request from organizations or individuals, provided that such documents and information are permitted to be disclosed according to international treaties to which the Socialist Republic of Vietnam is a member.

Article 92. Utilization of Legal Advisory Services

1. The Ministry of Industry and Trade shall consider utilizing legal advisory services during the implementation of provisions stipulated in Article 76 of the Law on Foreign Trade Management. Relevant ministries and agencies shall cooperate with the Ministry of Industry and Trade in selecting legal advisory services when requested in writing by the Ministry of Industry and Trade.

2. The Ministry of Industry and Trade shall establish criteria for selecting appropriate legal advisory services.

3. The Ministry of Finance shall ensure a special budget for the utilization of legal advisory services in activities assisting traders as prescribed in Article 76 of the Law on Foreign Trade Management.

Article 93. Coordination Mechanism between Regulatory Authorities, Industry Associations, and Traders

1. The coordination mechanism between regulatory authorities, industry associations, and traders is based on the following principles:

a) The Ministry of Industry and Trade shall take the lead, and other relevant ministries, provincial People's Committees, and competent state management agencies, as well as related organizations and individuals, shall promptly coordinate with the Ministry of Industry and Trade in activities assisting traders as stipulated in Article 76 of the Law on Foreign Trade Management.

b) Other relevant ministries, provincial People's Committees, and competent state management agencies, as well as related organizations and individuals, shall be responsible for the accuracy of the information, documents, and evaluation opinions provided to the Ministry of Industry and Trade when handling trade remedy measures against Vietnam's exported goods.

2. The coordination content shall be carried out as follows:

a) Within their respective authority and functions, relevant ministries, provincial People's Committees, and competent state management agencies shall be responsible for providing information, documents, and evaluation opinions upon the request of the Ministry of Industry and Trade, and shall explain matters when foreign investigating authorities conduct on-site investigations as coordinated by the Ministry of Industry and Trade.

b) Industry associations shall cooperate with the Ministry of Industry and Trade to monitor export market information to assess the risk of foreign countries investigating and applying trade remedy measures against Vietnam's exported goods, notify relevant information about foreign investigations and application of trade remedy measures to their members, consider participating as interested parties in the investigation, and carry out other assistance activities as requested by the Ministry of Industry and Trade.

c) The Vietnam Chamber of Commerce and Industry, within its functions and authority, shall cooperate with the Ministry of Industry and Trade to guide and assist traders when they are investigated or subject to trade remedy measures by foreign countries, and carry out other assistance activities as requested by the Ministry of Industry and Trade.

d) Vietnamese representative offices abroad shall be responsible for collecting and monitoring information and notifications from importing country authorities regarding trade remedy measures, promptly reporting to the Ministry of Industry and Trade, and supporting the search for legal advisory services as requested by the Ministry of Industry and Trade.

đ) The Ministry of Finance shall cooperate with the Ministry of Industry and Trade in activities assisting traders as prescribed in this Chapter, and require customs authorities to promptly provide export-import statistics upon the request of relevant authorities of the Ministry of Industry and Trade.

e) The Ministry of Foreign Affairs shall cooperate with the Ministry of Industry and Trade in activities assisting traders as prescribed in this Chapter, instruct Vietnamese representative offices abroad to proactively work with importing country authorities to understand, monitor, and compile information on cases, report promptly to the Ministry of Industry and Trade, and cooperate with the Ministry of Industry and Trade to develop response strategies.

g) The Ministry of Justice shall cooperate with the Ministry of Industry and Trade in activities assisting traders as prescribed in this Chapter, and collaborate in researching and evaluating WTO and foreign country regulations concerning trade remedy measures.

h) Traders requesting assistance shall cooperate with the Ministry of Industry and Trade during the handling of cases and be responsible for the accuracy of the information and documents provided to the Ministry of Industry and Trade.

Chapter VII

IMPLEMENTING PROVISIONS

Article 94. Effective Date

1. This Decree shall take effect from January 15, 2018.

2. The following Decrees shall cease to be effective from the date this Decree takes effect:

a) Decree No. 150/2003/NĐ-CP dated December 8, 2003 of the Government detailing the implementation of the Ordinance on Self-defense in the Importation of Foreign Goods into Vietnam;

b) Decree No. 89/2005/NĐ-CP dated July 11, 2005 of the Government detailing the implementation of certain provisions of the Ordinance on Anti-subsidy for Imported Goods into Vietnam;

c) Decree No. 90/2005/NĐ-CP dated July 11, 2005 of the Government detailing the implementation of certain provisions of the Ordinance on Anti-dumping for Imported Goods into Vietnam;

d) Decree No. 04/2006/NĐ-CP dated January 9, 2006 of the Government regarding the establishment and defining the functions, tasks, powers, organizational structure of the Council for Handling Anti-dumping, Anti-subsidy, and Self-defense Cases.

Article 95. Responsibility for Implementation

1. The Minister of Industry and Trade shall be responsible for organizing the implementation of this Decree.

2. The Ministry of Finance shall provide guidance on procedures for collecting and remitting state budget revenues from trade remedy measures applied to imported goods into Vietnam, and procedures for refunding anti-dumping duties.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.

Article 96. Transitional Provisions

From the date this Decree takes effect, trade remedy cases that have been accepted for complaint and investigation by competent state authorities before the date this Decree takes effect shall continue to be examined and resolved according to the provisions of Decree No. 150/2003/NĐ-CP dated December 8, 2003 detailing the implementation of the Ordinance on Self-defense in the Importation of Foreign Goods into Vietnam, Decree No. 89/2005/NĐ-CP dated July 11, 2005 detailing the implementation of certain provisions of the Ordinance on Anti-subsidy for Imported Goods into Vietnam, and Decree No. 90/2005/NĐ-CP dated July 11, 2005 detailing the implementation of certain provisions of the Ordinance on Anti-dumping for Imported Goods into Vietnam./.