DECREE

Implementing detailed provisions of certain articles of

Ordinance on Countering Subsidies for Imported Goods into Vietnam

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THE GOVERNMENT

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

Based on Ordinance No. 22/2004/PL-UBTVQH11 dated August 20, 2004 on countering subsidies for imported goods into Vietnam; This Decree provides detailed implementation of certain provisions of the Ordinance on Countering Subsidies for Imported Goods into Vietnam (hereinafter referred to as the Ordinance on Countering Subsidies) regarding the Anti-subsidy Investigation Authority, the Anti-subsidy Dispute Resolution Council; procedures, contents of investigation for applying and the application of anti-subsidy measures against subsidized imported goods into Vietnam.

At the proposal of the Minister of Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. Language and Writing in the Process of Resolving Anti-subsidy Cases

Clause 1. The language and writing used in the process of resolving anti-subsidy cases as stipulated in this Decree shall be Vietnamese. Parties related to the investigation process as provided for in Article 11 of the Ordinance on Countering Subsidies (hereinafter referred to as the parties concerned) have the right to use their own language and writing, in which case they must provide translation.

Clause 2. Information and documents not in Vietnamese provided by the parties concerned must be translated into Vietnamese. The parties concerned must ensure the truthfulness, accuracy, and bear legal responsibility for the content of the translation.

Article 3. Evidence

Evidence in the process of resolving anti-subsidy cases is anything real that the Anti-subsidy Investigation Authority and the Anti-subsidy Dispute Resolution Council use as a basis to determine the status of subsidized imported goods into Vietnam, the status of domestic production industries suffering significant damage or threatened with significant damage, and the relationship between subsidized imported goods into Vietnam and the significant damage or threat of causing significant damage to domestic production industries, as well as other necessary circumstances for properly resolving anti-subsidy cases.

Article 4. Determining the Volume, Quantity, or Value of Subsidized Imported Goods into Vietnam Not Worthy of Consideration

Clause 1. The volume, quantity, or value of subsidized imported goods from one country into Vietnam shall be considered unworthy of consideration when it does not exceed 3% of the total volume, quantity, or value of similar imported goods into Vietnam. Clause 2. The total volume, quantity, or value of subsidized imported goods from multiple countries meeting the conditions specified in Clause 1 of this Article shall be considered unworthy of consideration when it does not exceed 7% of the total volume, quantity, or value of similar imported goods into Vietnam.

Article 5. Determining the Predominant Proportion in the Total Volume, Quantity, or Value of Similar Goods Produced Domestically

The volume, quantity, or value of domestically produced goods accounting for 50% or more of the total volume, quantity, or value of similar goods produced domestically shall be considered to account for the predominant proportion in the total volume, quantity, or value of similar goods produced domestically.

Article 6. Determining the Direct Relationship Between Domestic Manufacturers of Similar Goods and Exporters, Importers of Goods Subject to Anti-subsidy Measures

Clause 1. Domestic manufacturers shall be deemed to have a direct relationship with organizations or individuals exporting or importing goods subject to anti-subsidy measures in the following cases:

Point a. One party directly or indirectly controls the other party;

Point b. All are directly or indirectly controlled by a third party;

Point c. They both directly or indirectly control a third party.

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.

ANTI-SUBSIDY AUTHORITY, PERSONS CONDUCTING THE RESOLUTION OF ANTI-SUBSIDY CASES, PERSONS PARTICIPATING IN THE PROCESS OF RESOLVING ANTI-SUBSIDY CASES

ANTI-SUBSIDY AUTHORITY, PERSONS CONDUCTING THE RESOLUTION OF ANTI-SUBSIDY CASES

2. A party may be considered to control another party when that party has the power to direct the financial and operating policies of the other party in order to gain economic benefits from the business activities of the other party.

Chapter II

ANTT CHỐNG TRỢ CẤP, NGƯỜI THỰC HIỆN GIẢI QUYẾT VỤ VIỆC CHỐNG TRỢ CẤP, NGƯỜI THAM GIA QUÁ TRÌNH GIẢI QUYẾT VỤ VIỆC CHỐNG TRỢ CẤP

Section 1

ANTT CHỐNG TRỢ CẤP, NGƯỜI THỰC HIỆN GIẢI QUYẾT VỤ VIỆC CHỐNG TRỢ CẤP

Article 7. Anti-dumping Authority, Person Conducting Anti-dumping Proceedings

1. The Anti-dumping Authority consists of the Anti-dumping Investigation Authority (hereinafter referred to as the Investigation Authority) and the Anti-dumping Case Handling Board (hereinafter referred to as the Handling Board).

2. Persons conducting anti-dumping proceedings include:

a) Head of the Investigation Authority;

b) Anti-dumping case investigator (hereinafter referred to as the Investigator);

c) Member of the Handling Board.

Article 8. Duties and Powers of the Investigation Authority

When conducting anti-dumping proceedings, the Investigation Authority shall have the following duties and powers:

1. Issuing sample application forms for anti-dumping measures and investigation questionnaires.

2. Performing investigation tasks to apply anti-dumping measures according to the procedures and formalities prescribed in the Anti-dumping Ordinance and this Decree.

3. Requesting relevant parties to provide necessary information and documents related to the anti-dumping case.

4. Organizing consultation sessions with relevant parties.

5. Announcing preliminary conclusions on matters related to the investigation process.

6. Recommending the Minister of Commerce to consider and decide on the application of provisional anti-dumping duties when necessary.

7. Recommending the Minister of Commerce to consider accepting, not accepting, or proposing adjustments to commitments based on voluntary proposals from relevant producers and exporters as stipulated in Article 23 of the Anti-dumping Ordinance.

8. Announcing final conclusions on matters related to the investigation process.

9. Conducting reviews of the application of anti-dumping measures pursuant to decisions of the Minister of Commerce.

10. Performing other tasks as prescribed by law.

Article 9. Head of the Investigation Authority

1. The Head of the Investigation Authority is appointed and relieved of duty by the Minister of Commerce.

2. The Head of the Investigation Authority has the following duties and powers:

a) Organizing and directing the Investigation Authority to perform duties and powers prescribed in Article 8 of this Decree;

b) Assigning Investigators to investigate specific anti-dumping cases;

c) Assigning Investigators to manage consultation sessions;

d) Supervising the investigative activities of Investigators;

đ) Deciding to convene consultation sessions;

e) Maintaining confidentiality of information protected under Article 28 of this Decree;

g) Requesting expert opinions.

Article 10. Investigators

1. Standards for Investigators.

Individuals meeting the following criteria may be appointed as Investigators:

a) Having good moral character, honesty, and objectivity;

b) Holding a bachelor's degree or higher in law or economics and finance;

c) Having at least five years of practical work experience in one of the fields specified in point b of this clause;

d) Receiving training and further education in investigative techniques.

2. Investigators are appointed and relieved of duty by the Minister of Commerce upon the recommendation of the Head of the Investigation Authority.

Article 11. Duties and Powers of Investigators

When conducting anti-dumping proceedings, Investigators shall have the following duties and powers:

1. Performing investigation tasks assigned by the Head of the Investigation Authority.

2. Requesting relevant parties to provide necessary information and documents related to the anti-dumping case as prescribed in Article 12 of the Anti-dumping Ordinance.

3. Maintaining confidentiality of information protected under Article 28 of this Decree.

4. Safeguarding provided documents.

5. Submitting an investigation report after completing the anti-dumping case investigation, drafting and submitting preliminary and final conclusions related to the investigation process to the Head of the Investigation Authority for approval.

Article 12. Duties and powers of the Handling Council

The Handling Council shall have the following duties and powers:

1. Review the conclusions of the Investigation Agency as stipulated in Article 37 of this Decree.

2. Discuss and decide by majority on whether there is or is not a subsidy for imported goods entering Vietnam causing or threatening to cause significant damage to domestic production industries.

3. Recommend the Minister of Commerce to issue a decision to apply anti-subsidy duties based on the provisions set forth in Article 37 of this Decree.

Article 13. Members of the Handling Council

1. Criteria for members of the Handling Council.

The Minister of Commerce shall propose a list of members of the Handling Council for approval by the Prime Minister according to the following criteria:

a) Having good moral character, honesty, and objectivity;

b) Holding a bachelor's degree or higher in law or economics and finance;

c) Having at least nine years of practical work experience in one of the fields specified in point b of this clause.

2. Based on the approved list of members of the Handling Council, the Minister of Commerce shall consider and issue specific decisions regarding the number of members of the Handling Council participating in resolving anti-subsidy cases, including appointing one member as the presiding officer of the session and signing the decisions and recommendations stipulated in Clause 2 and 3 of Article 12 of this Decree.

3. The term of office of members of the Handling Council is five years and may be reappointed.

Article 14. Duties and powers of members of the Handling Council

When resolving anti-subsidy cases, members of the Handling Council shall have the following duties and powers:

1. Study and review case files, conclusions of the Investigation Agency, and other documents in the anti-subsidy case file transferred by the Investigation Agency.

2. Participate in the meetings of the Handling Council to discuss and vote on whether there is or is not a subsidy for imported goods entering Vietnam causing or threatening to cause significant damage to domestic production industries.

3. Maintain confidentiality of information protected under Article 28 of this Decree.

Section 2

PARTICIPANTS IN THE PROCESS OF RESOLVING ANTI-SUBSIDY CASES

Article 15. Participants in the process of resolving anti-subsidy cases

Participants in the process of resolving anti-subsidy cases include:

1. Organizations and individuals legally representing domestic production industries pursuant to Clause 1 of Article 8 of the Anti-subsidy Law who submit applications requesting the application of anti-subsidy measures to the Investigation Agency (hereinafter referred to as the Requester).

2. Foreign organizations and individuals producing and exporting goods subject to the application of anti-subsidy measures requested by the Requester or being investigated by the Investigation Agency pursuant to the decision of the Minister of Commerce as stipulated in Article 8 of the Anti-subsidy Law (hereinafter referred to as the Respondent).

3. Lawyers for the Requester and the Respondent.

4. Other interested parties.

Article 16. Rights and obligations of the Requester and the Respondent

1. When participating in the process of resolving anti-subsidy cases, the Requester shall have the following rights:

a) Access to information provided by other interested parties to the Investigation Agency, except for information protected under Article 28 of this Decree;

b) Request the Investigation Agency and Investigators to protect information according to Article 28 of this Decree;

c) Participate in consultation sessions;

d) Delegate a lawyer to represent them in the process of resolving anti-subsidy cases;

e) Request the Investigation Agency to organize confidential consultation sessions according to Clause 6 of Article 27 of this Decree;

f) Appeal and initiate litigation against decisions of the Minister of Commerce according to Article 28 of the Anti-subsidy Law.

2. When participating in the process of resolving anti-subsidy cases, the Respondent shall have the following rights:

a) The rights stipulated in Clause 1 of this Article;

b) Recommend the Investigation Agency to extend the deadline for providing information and responding to investigation questionnaires according to Clause 2 of Article 24 of this Decree.

3. The Requester and the Respondent shall have the following obligations:

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

b) Provide complete, truthful, accurate, and timely information and documents as required by the Investigation Agency and Investigators;

c) Comply with decisions of the Minister of Commerce.

Article 17. Lawyers for the Requester and the Respondent

1. A lawyer who meets the conditions to participate in litigation before the court as prescribed by law shall have the right to be authorized by the Requester and the Respondent, and shall have the right to participate in the process of resolving anti-dumping cases to protect the legitimate rights and interests of the party they represent.

2. When participating in the process of resolving anti-dumping cases, lawyers shall have the following rights and obligations:

a) Participate in all stages of the process of resolving anti-dumping cases;

b) Verify, collect and provide documents to protect the legitimate rights and interests of the party they represent;

c) Study the documents in the anti-dumping case file;

d) Be entitled to record and photocopy necessary documents contained in the anti-dumping case file, except for information that is confidential as provided for in Article 28 of this Decree, to carry out the protection of the legitimate rights and interests of the party they represent;

đ) Assist the party they represent with legal matters related to the protection of their legitimate rights and interests;

e) Respect the truth and the law; shall not bribe, compel or incite others to make false statements or provide false documents;

g) Shall not disclose investigative secrets known to them when participating in the process of resolving anti-dumping cases;

h) Shall not use recorded or photocopied documents from the anti-dumping case file for purposes that infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals.

Article 18. Rights and Obligations of Other Related Parties

When participating in the process of resolving anti-dumping cases, other parties that are neither the Requester nor the Respondent shall have the following rights and obligations:

1. Provide truthful information and necessary documents related to the anti-dumping case according to their own perspective or at the request of the Investigating Authority or the Investigator.

2. Request the Investigating Authority or the Investigator to keep information confidential as provided for in Article 28 of this Decree.

3. Access information about the anti-dumping case of the Investigating Authority, except for information that is confidential as provided for in Article 28 of this Decree.

4. Participate in consultation sessions and present views related to the anti-dumping case, except in cases stipulated in Clause 6 of Article 27 of this Decree.

Chapter III

INVESTIGATION FOR THE APPLICATION OF ANTI-DUMPING MEASURES

Article 19. Application File for Anti-Dumping Measures

The application file for anti-dumping measures submitted to the Investigating Authority shall include:

1. An application form for anti-dumping measures containing the following contents:

a) Name, address, and other necessary information of the Requester or of the domestic industry representative, if the Investigating Authority establishes the file based on a decision by the Minister of Commerce;

b) Description of the imported goods subject to the application of anti-dumping measures, including the name, basic characteristics, primary purpose of use, current import tariff code and applicable import duty rate, and origin of the imported goods;

c) Description of the quantity, volume, unit price, and value of the imported goods specified in point b of this clause within the twelve months prior to the submission of the application by the Requester or prior to the establishment of the file by the Investigating Authority based on a decision by the Minister of Commerce;

d) Description of the quantity, volume, unit price, and value of similar goods produced domestically within the twelve months prior to the submission of the application by the Requester or prior to the establishment of the file by the Investigating Authority based on a decision by the Minister of Commerce;

đ) Information on foreign government subsidy policies, the situation and forms of subsidies;

e) Information, data, and evidence regarding significant damage caused to the domestic industry by subsidized imported goods entering Vietnam or threatening to cause such damage;

g) Name, address, and other necessary information of the Respondent;

h) Specific requests for the application of anti-dumping measures, the duration of application, and the level of application.

2. Other relevant documents and information that the Requester or the Investigating Authority (in cases where the Investigating Authority establishes the application file for anti-dumping measures) considers necessary.

Article 20. Review of the application file for anti-subsidy measures in cases where there is a Requester

1. Within forty-five days from the date of receipt of a complete and valid file in accordance with Article 19 of this Decree, the Investigating Authority shall be responsible for reviewing the file to submit to the Minister of Commerce for consideration to issue a decision to initiate an investigation.

2. The contents of the review of the file include:

a) Determining the legitimate representative status of organizations or individuals submitting the file for the domestic production industry in accordance with Clause 1, Article 8 of the Anti-subsidy Ordinance;

b) Determining evidence that imported subsidized goods have caused or threaten to cause significant damage to the domestic production industry.

Article 21. Establishment of the application file for anti-subsidy measures in cases where there is no Requester

1. In cases where there is no Requester but there are signs that imported subsidized goods have caused or threaten to cause significant damage to the domestic production industry, the Minister of Commerce shall issue a decision to instruct the Investigating Authority to establish an application file for anti-subsidy measures to submit to the Minister for consideration to issue a decision to initiate an investigation.

2. The time limit for establishing the file under Clause 1 of this Article is six months, calculated from the date on which the Minister of Commerce signs the decision to instruct the Investigating Authority to establish the file.

Article 22. Contents of the investigation decision

1. The investigation decision includes the following contents:

a) Name, address, and other necessary information of the Requester (if any);

b) Name, address, and other necessary information of the representative of the domestic production industry in cases where there is no Requester;

c) Description of the goods subject to the request for anti-subsidy measures, including the name of the goods, basic characteristics, main purpose of use, current import tariff code, and applicable import tariff rate;

d) Name, address, and other necessary information of the Respondent;

đ) Name of the exporting country, territory, and origin of the goods subject to the request for anti-subsidy measures;

e) Summary of information about the imported subsidized goods described in point c of this clause causing or threatening to cause significant damage to the domestic production industry;

g) Effective date for initiating the investigation;

h) Investigation phase;

i) Schedule for resolving the anti-subsidy case;

k) Other related information deemed necessary by the Minister of Commerce.

2. The notification and publication of the investigation decision shall be carried out in accordance with Clause 5, Article 10 of the Anti-subsidy Ordinance.

Article 23. Provision of Information and Documents During the Investigation Process

1. Related parties are responsible for providing authentic information and necessary documents upon the request of the Investigating Authority.

2. If necessary, the Investigating Authority will conduct an appraisal or inspection to verify the authenticity of the information and documents provided by the related parties or collect additional necessary information and documents for the proper resolution of the anti-subsidy case.

3. In cases where verification or collection of additional information takes place outside Vietnam in another country or territory, the Investigating Authority must follow the provisions below:

a) Before conducting verification or collecting information, the Investigating Authority must notify relevant organizations, individuals, and competent authorities of the country or territory concerned;

b) Verification or collection of information must be agreed upon by the relevant organizations and individuals and not opposed by the competent authority of the country or territory mentioned in point a of this clause, except where international treaties to which Vietnam, the countries, and territories concerned are members provide otherwise.

4. Except for information protected under Article 28 of this Decree, the Investigating Authority must disclose the results of the appraisal, inspection, or information collection to the related parties.

5. The Investigating Authority will base its decisions on available information and documents in the following cases:

a) The related party does not provide necessary information and documents as required under Clause 1 of this Article;

b) The results of the appraisal, inspection, and verification show that the information and documents provided by the related party are not authentic;

c) The related party has refused to allow the Investigating Authority to conduct verification;

d) The related party obstructs the investigation process.

6. In cases where it does not accept the use of part of the information and documents provided by the related parties, the Investigating Authority must explain the reasons for not accepting their use.

Article 24. Questionnaire for Investigation

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

a) The Person Requested or the Legal Representative of the Person Requested;

b) The Representative in Vietnam of the country or territory producing or exporting the goods subject to anti-subsidy measures;

c) The competent authority of the country or territory producing or exporting the goods subject to anti-subsidy measures;

d) Other interested parties.

2. Within thirty days from the date of receipt of the questionnaire for investigation, the Person Requested must submit a complete response to all questions listed in the questionnaire for investigation to the Investigating Authority. In case of necessity and if the Person Requested requests it in writing, this period may be extended once by the Investigating Authority with a maximum additional period not exceeding thirty days.

3. The questionnaire for investigation is deemed to have reached the recipient's address seven working days after the date of dispatch by the Investigating Authority. The date of dispatch is determined based on the postmark.

Article 25. Determination of Individual Subsidy Amounts

1. The Investigating Authority must conduct the determination of individual subsidy amounts for each Person Requested in the anti-subsidy case, except in the cases provided for in Clause 2 of this Article.

2. If the number of Persons Requested or the scope of goods subject to anti-subsidy measures is too large, making it impossible to determine individual subsidy amounts, the Investigating Authority may limit the scope of the investigation to determine individual subsidy amounts for some Persons Requested or goods subject to anti-subsidy measures.

The 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 using an appropriate statistical sampling method based on the volume, quantity, or value of the goods subject to anti-subsidy measures produced and exported by the Person Requested or other information available to the Investigating Authority at the time of sampling;

b) When conducting sampling investigations, the Investigating Authority may consult with the Person Requested and relevant importers regarding the sampling and must obtain the consent of the Person Requested for the sampling.

3. The subsidy amount is determined in accordance with Article 14 of the Anti-subsidy Decree.

4. The subsidy amount of the Person Requested who has not been investigated is determined as the weighted average subsidy rate applied to the Person Requested selected to determine the individual subsidy amount under the provisions of Clause 2 of this Article.

Article 26. Determination of the Relationship between Subsidized Imported Goods and Significant Injury or Threat of Significant Injury to the Domestic Industry

1. When determining the relationship between subsidized imported goods and significant injury or threat of significant injury to the domestic industry, the Investigating Authority may consider the following factors comprehensively:

a) The relationship between subsidized imported goods and evidence of significant injury or threat of significant injury to the domestic industry;

b) The quantity and price of non-subsidized similar imported goods;

c) The decline in demand or change in consumption patterns for similar domestically-produced goods;

d) Exporting capacity and productivity of the domestic industry;

e) Other factors as decided by the Investigating Authority.

2. Where necessary, the Investigating Authority may also consider other factors causing or threatening to cause significant injury to the domestic industry apart from subsidized imported goods.

Article 27. Consultation during investigation

1. Before conducting the investigation and during the investigation process, the Investigative Agency may organize a public consultation session with relevant parties and assign at least three Investigators, including one Investigator to preside over the consultation session.

2. At least thirty days before the date of organizing the consultation session, relevant parties must submit a registration document to participate in the consultation session to the Investigative Agency, clearly stating the issues requiring consultation along with written arguments.

3. Procedure for conducting consultations:

a) The presiding officer announces the opening of the consultation session;

b) The Requester and the Respondent, directly or through authorized representatives, successively present oral evidence to support their viewpoints related to the anti-subsidy case. Each party's presentation time shall not exceed ninety minutes;

c) The Requester and the Respondent provide the content of the speech specified in point b of this clause in writing to the presiding officer;

d) Relevant parties not covered under point b of this clause have the right to provide written statements expressing their viewpoints related to the anti-subsidy case to the presiding officer;

e) The presiding officer, together with the Investigators, ask questions and hear responses from the Requester, the Respondent, or their legitimate representatives. The time allocated for questioning and answering shall not exceed sixty minutes for each side. All contents will be recorded in the consultation minutes;

f) The presiding officer summarizes the content of the consultation session and declares its conclusion.

4. Within seven working days from the date of the consultation, relevant parties have the right to submit additional written statements regarding their viewpoints related to the anti-subsidy case to the Investigative Agency.

5. The entire content of the consultation, including the written statements of the parties and the consultation minutes, will be publicly announced by the Investigative Agency.

6. In cases where necessary, the Investigative Agency may organize a closed consultation session upon request of the Requester or the Respondent. The participants in the closed consultation session will be reviewed and decided by the Investigative Agency based on the requesting party's requirements.

Article 28. Confidentiality of Information

1. The Investigative Agency and Investigators are only responsible for confidentiality regarding the following information provided by relevant parties:

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.

2. When providing information subject to confidentiality as stipulated in point b of Clause 1 of this Article, the information provider must accompany it with a detailed explanation about the reasons for requesting confidentiality and a summary of the contents of the confidential information that can be publicly disclosed to other relevant parties.

3. If the request for confidentiality from the information provider is not accepted or if the information provider does not agree to disclose the confidential information, the Investigative Agency will not use such information and return it to the provider.

Article 29. Preliminary Conclusion

1. Within ninety days from the date of the decision to conduct an investigation to apply anti-subsidy measures, the Investigative Agency publishes a preliminary conclusion on the contents related to the investigation process as prescribed in Articles 13, 14, and 15 of the Anti-subsidy Ordinance; in special cases, the deadline for publishing the preliminary conclusion may be extended but not exceeding sixty days.

2. The preliminary conclusion must be publicly announced to relevant parties involved in the investigation process through appropriate means and must include the following contents:

a) Name, address, and other necessary information of the Requester (if any);

b) Description of imported goods subject to the application of anti-subsidy measures, including name, basic characteristics, main purpose of use, current import tariff code, applicable import tax rate, and origin of imported goods;

c) Name, address, and other necessary information of the Respondent;

d) Description of quantity, volume, and value of imported goods into Vietnam as specified in point b of this clause within twelve months prior to the submission of the Requester's application for the application of anti-subsidy measures or prior to the establishment of the Investigative Agency's file for the application of anti-subsidy measures according to the decision of the Minister of Commerce;

e) Level of subsidy;

f) Information and evidence proving that the subsidized imported goods described in point b of this clause cause or threaten to cause significant damage to the domestic industry; or information and evidence proving that the delay in applying provisional anti-subsidy duties threatens to cause significant damage to the domestic industry and is difficult to remedy;

g) Schedule for resolving the anti-subsidy case;

h) Other information deemed necessary by the Investigative Agency.

3. Within seven working days from the date of the preliminary investigation conclusion, the Investigative Agency must submit the investigation report and the preliminary investigation conclusion to the Minister of Commerce and, if necessary, recommend the Minister of Commerce to issue a decision to apply provisional anti-subsidy duties.

Article 30. Termination of Investigation

1. The Minister of Commerce decides to terminate the investigation in accordance with Article 21 of the Anti-Subsidy Ordinance.

2. Within seven working days after the decision to terminate the investigation, the Investigating Authority shall be responsible for notifying the decision to terminate the investigation, specifying the reasons for termination, to the relevant parties in writing or by appropriate means.

Article 31. Final Conclusion

1. Within thirty days after the conclusion of the investigation process, the Investigating Authority must publish the final conclusion on the contents related to the investigation process as stipulated in Articles 13, 14, and 15 of the Anti-Subsidy Ordinance and the contents prescribed in Article 26 of this Decree.

2. The final conclusion and the main grounds for reaching the final conclusion in the case under investigation must be publicly announced by appropriate means and must include the following contents:

a) Name, address, and other necessary information of the Requester (if any);

b) Description of imported goods subject to the application of anti-subsidy measures, including name, basic characteristics, main purpose of use, current import tariff code, applicable import tax rate, and origin of imported goods;

c) Name, address, and other necessary information of the Respondent;

d) Description of quantity, volume, and value of imported goods into Vietnam as specified in point b of this clause within twelve months prior to the submission of the Requester's application for the application of anti-subsidy measures or prior to the establishment of the Investigative Agency's file for the application of anti-subsidy measures according to the decision of the Minister of Commerce;

e) Level of subsidy;

e) Information and evidence proving that the subsidized imported goods described in paragraph b of this clause cause or threaten to cause significant damage to the domestic industry.

g) Schedule for resolving the anti-subsidy case;

h) Other information deemed necessary by the Investigative Agency.

3. Within seven working days from the date of publication of the final conclusion, the Investigating Authority must submit the dossier of the anti-subsidy case to the Handling Council, including the following documents:

a) Application file for anti-subsidy measures;

b) Investigation report;

c) Preliminary conclusion;

d) Final conclusion and the main grounds for reaching the final conclusion;

đ) Recommendations of the Investigating Authority.

Chapter IV

APPLICATION OF ANTI-SUBSIDY MEASURES

Section 1

APPLICATION OF COMMITMENT MEASURES

Article 32. Submission of Commitment Documents

After the preliminary conclusion and no later than thirty days before the end of the investigation period, the legitimate representative or Government of the country or territory of the Subsidized Exporter may submit commitment documents concerning one or more of the contents prescribed in Clause 1, Article 23 of the Anti-Subsidy Ordinance (hereinafter referred to as Exclusion Commitment) directly to the Ministry of Commerce through the Investigating Authority or to domestic producers for review before submitting to the Investigating Authority.

Article 33. Review of Exclusion Commitments

1. Within thirty days from the date of receipt of the exclusion commitment document, the Investigating Authority shall be responsible for reviewing and proposing opinions for the Minister of Commerce to consider and decide.

2. The exclusion commitment must be reviewed based on the following grounds:

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

b) The application of the exclusion commitment does not have a negative impact on the implementation of domestic economic and social policies.

Article 34. Decision on Exclusion Commitments

1. Based on the Investigating Authority's opinion on the exclusion commitment, the Minister of Commerce may make one of the following decisions:

a) Decide to suspend the investigation and accept the commitments made by the parties making the commitments;

b) Suggest the party making the commitment to adjust the content of the commitment without compelling the parties making the commitment;

c) Decide not to accept the commitment and specify the reasons.

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

3. In the event that the party making the commitment accepts the suggestion to adjust the content of the commitment as prescribed in point b of Clause 1 of this Article, the party making the commitment must submit a new commitment to the Investigating Authority.

Article 35. Supervision of the Implementation of Commitments to Eliminate Subsidies

1. The committing party must be subject to supervision by the Investigating Authority regarding the implementation of the commitment.

2. The committing party must periodically provide the Investigating Authority with information and documents related to the implementation of the commitment and prove the accuracy of such information and documents according to the decision of the Minister of Commerce.

3. In cases where the relevant parties fail to implement the commitment properly, causing or threatening to cause significant damage to domestic production industries, the Investigating Authority must recommend that the Minister of Commerce issue a decision to continue the investigation to apply anti-subsidy measures or issue a decision to apply anti-subsidy measures as stipulated in Clause 6, Article 23 of the Anti-subsidy Ordinance.

Section 2

APPLICATION OF ANTI-SUBSIDY TAX

Article 36. Temporary Anti-subsidy Tax Application

1. After sixty days from the date of the investigation decision, based on preliminary conclusions and recommendations of the Investigating Authority, the Minister of Commerce issues a decision to apply a temporary anti-subsidy tax.

2. The decision on the application of a temporary anti-subsidy tax must comply with the provisions of Clause 2, 3, 4, and 5, Article 22 of the Anti-subsidy Ordinance.

3. The decision to apply a temporary anti-subsidy tax shall be publicly announced, including the following contents:

a) Name, address, and other necessary information of the Requester (if any);

b) Description of imported goods subject to the temporary anti-subsidy tax, including name, basic characteristics, primary purpose of use, current import tariff code, applicable import tariff rate, and origin of imported goods;

c) Name, address, and other necessary information of manufacturers and exporters of goods subject to the temporary anti-subsidy tax;

d) Rate of the temporary anti-subsidy tax;

đ) Effective date and duration of the temporary anti-subsidy tax application.

Article 37. Decision of the Handling Council

1. Based on the anti-subsidy case file as prescribed in Clause 3, Article 31 of this Decree, within thirty days from the receipt of the file, the Handling Council is responsible for discussing and deciding by majority on the following issues:

a) Whether there is a situation of subsidies on imported goods into Vietnam;

b) Whether there is a situation of significant damage or threat of significant damage to domestic production industries;

c) Whether there is a relationship between subsidies on imported goods into Vietnam and significant damage or threat of significant damage to domestic production industries.

2. In cases where the voting result on the issues prescribed in Clause 1 of this Article is tied, the Handling Council decides according to the opinion of the Chairperson of the meeting.

3. In cases where the Handling Council's decision as prescribed in Clauses 1 and 2 of this Article confirms the existence of subsidies and that the subsidies are the cause of or threaten to cause significant damage to domestic production industries, the Handling Council must recommend that the Minister of Commerce issue a decision to apply an anti-subsidy tax.

Article 38. Application of Anti-subsidy Tax

1. In cases where commitments as prescribed in Article 23 of the Anti-subsidy Ordinance are not achieved, based on the final conclusion of the Investigating Authority and the recommendation of the Handling Council as prescribed in Clause 3, Article 37 of this Decree, the Minister of Commerce issues a decision to apply an anti-subsidy tax.

In cases where the application of an anti-subsidy tax causes harm to domestic economic and social interests, the Minister of Commerce may issue a decision not to apply an anti-subsidy tax.

2. The decision on the application of an anti-subsidy tax must comply with the provisions of Clause 2, 3, 4, and 5, Article 24 of the Anti-subsidy Ordinance.

3. The decision to apply an anti-subsidy tax shall be publicly announced, including the following main contents:

a) Name, address, and other necessary information of the Requester (if any);

b) Description of imported goods subject to the anti-subsidy tax, including name of the goods, basic characteristics, primary purpose of use, current import tariff code, and applicable import tariff rate;

c) Name, address, and other necessary information of manufacturers and exporters of goods subject to the anti-subsidy tax;

d) Name of the country or territory producing and exporting goods subject to the anti-subsidy tax;

đ) Summary of the investigation results showing the necessity to apply an anti-subsidy tax;

e) Rate of the anti-subsidy tax;

g) Effective date and duration of the anti-subsidy tax application;

h) Amount of tax difference to be refunded (if any) as prescribed in Article 39 of this Decree.

Article 39. Refund of the difference in anti-dumping provisional duties or guarantees for payment of anti-dumping provisional duties

The refund of the difference in anti-dumping provisional duties or guarantees for payment of anti-dumping provisional duties to the payer, as prescribed in Clause 3, Article 22 of the Anti-subsidy Ordinance, shall be carried out at the customs office and place where the import duty was paid, in accordance with the following provisions:

1. A full refund of the difference in tax shall be made if the level of anti-subsidy duty in the Decision of the Minister of Trade is lower than the level of provisional anti-subsidy duty already paid.

2. A full refund of the provisional anti-subsidy duty or guarantees for payment already submitted shall be made if the Minister of Trade issues a decision not to apply the anti-subsidy duty.

3. The differences in tax refunded pursuant to Clauses 1 and 2 of this Article shall not accrue interest.

Chapter V

IMPLEMENTING PROVISIONS

Article 40. This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 41. Responsibility for Implementation

1. The Minister of Commerce shall be responsible for organizing the implementation of this Decree.

2. The Ministry of Finance shall guide procedures for collecting and remitting to the state budget anti-subsidy import taxes on goods imported into Vietnam; procedures for refunding the difference in provisional anti-subsidy duties or guarantees for payment of provisional anti-subsidy 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./.