DECREE

Implementing detailed provisions of certain articles of

Ordinance on Anti-Dumping of Imported Goods into Vietnam

________________________

 

THE GOVERNMENT

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

Based on Ordinance No. 20/2004/PL-UBTVQH11 dated April 29, 2004 on anti-dumping of imported goods into Vietnam;

At the proposal of the Minister of Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates detailed implementation of certain provisions of the Ordinance on Anti-Dumping of Imported Goods into Vietnam (hereinafter referred to as the Ordinance on Anti-Dumping) concerning the Anti-Dumping Investigation Authority, the Anti-Dumping Case Handling Board; procedures, contents of investigation, and application of anti-dumping measures for imported goods into Vietnam.

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

1. The language and writing used in the process of resolving anti-dumping cases shall be Vietnamese. Parties related to the investigation process as provided for in Article 11 of the Ordinance on Anti-Dumping (hereinafter referred to as the parties related) have the right to use their own language and writing, in which case they must provide interpretation.

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

Article 3. Evidence

Evidence in the process of resolving anti-dumping cases is anything that is true and is used by the Anti-Dumping Investigation Authority, the Anti-Dumping Case Handling Board as a basis to determine the situation of dumping of imported goods into Vietnam, the situation where the domestic industry has suffered significant damage or is threatened with significant damage, the relationship between the dumping of imported goods into Vietnam and the significant damage or threat of significant damage to the domestic industry, as well as other relevant circumstances necessary for the proper resolution of anti-dumping cases.

Article 4. Determination of the Predominant Share in Total Volume, Quantity, or Value of Similar Goods Produced Domestically

A volume, quantity, or value of goods produced accounting for 50% or more of the total volume, quantity, or value of similar goods produced domestically is considered to account for the predominant share in the total volume, quantity, or value of similar goods produced domestically.

Article 5. Determination of Direct Linkage Relationship Between Domestic Producers of Similar Goods and Organizations or Individuals Exporting or Importing Goods Subject to Anti-Dumping Measures

1. Domestic producers of similar goods shall be deemed to have a direct linkage relationship with organizations or individuals exporting or importing goods subject to anti-dumping measures in the following cases:

a) One party directly or indirectly controls the other party;

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

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

2. One 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 obtain economic benefits from the business activities of the other party.

Chapter II

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

Section 1

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

Article 6. Anti-dumping Authority, person conducting anti-dumping proceedings

1. The Anti-dumping Authority under the Ministry of Trade includes the Anti-dumping Investigation Authority (hereinafter referred to as the Investigation Authority) and the Anti-dumping Case Handling Council (hereinafter referred to as the Handling Council).

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 Council.

Article 7. Duties and powers of the Investigation Authority

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

1. Issuing the model application form for anti-dumping measures and the investigation questionnaire.

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

4. Organizing consultation sessions with related parties.

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

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

7. Recommending the Minister of Trade to consider accepting, not accepting, or proposing adjustments to commitments based on voluntary proposals from relevant producers and exporters in accordance with Clause 2, Article 21 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 according to the decision of the Minister of Trade;

10. Performing other tasks as prescribed by law.

Article 8. Head of the Investigation Authority

1. The head of the Investigation Authority is appointed and relieved of duty by the Minister of Trade.

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

a) Organizing and directing the Investigation Authority to perform the duties and powers stipulated in Article 7 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 as provided for in Article 30 of this Decree;

g) Requesting expert opinions.

Article 9. Investigators

1. Qualifications of Investigators

Individuals meeting the following criteria may be appointed as Investigators:

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

b) Having 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) Being trained and further educated in investigative techniques.

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

Article 10. Duties and Powers of Investigators

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

1. Performing investigation tasks as assigned by the head of the Investigation Authority.

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

3. Maintaining confidentiality of information protected as provided for in Article 30 of this Decree.

4. Safeguarding documents that have been provided.

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 11. Duties and powers of the Anti-dumping Council

The Anti-dumping Council shall have the following duties and powers:

1. Review the conclusions of the Investigation Authority as provided for in Article 39 of this Decree.

2. Discuss and decide by majority on whether there is or is not dumping of imported goods into Vietnam causing or threatening to cause significant damage to the domestic industry.

3. Recommend the Minister of Commerce to issue a decision to apply anti-dumping duties based on the provisions set out in Article 39 of this Decree.

Article 12. Members of the Anti-dumping Council

1. Criteria for members of the Anti-dumping Council.

The Minister of Commerce proposes a list of members of the Anti-dumping Council to be submitted to the Prime Minister for approval according to the following criteria:

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

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

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

2. Based on the list of Anti-dumping Council members approved by the Prime Minister, the Minister of Commerce considers and issues specific decisions regarding the number of members participating in resolving anti-dumping cases, including appointing one member as the chairperson of the meeting and signing the decisions and recommendations stipulated in Clause 2 and 3 of Article 11 of this Decree.

3. The term of office of Anti-dumping Council members is five years and may be reappointed.

Article 13. Duties and powers of members of the Anti-dumping Council

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

1. Study and review the case file, the conclusions of the Investigation Authority, and other documents in the anti-dumping case file transferred by the Investigation Authority.

2. Participate in meetings of the Anti-dumping Council to discuss and vote on whether there is or is not dumping of imported goods into Vietnam causing or threatening to cause significant damage to the domestic industry.

3. Maintaining confidentiality of information protected as provided for in Article 30 of this Decree.

Section 2

PARTICIPANTS IN THE PROCESS OF RESOLVING ANTI-DUMPING CASES

Article 14. Participants in the process of resolving anti-dumping cases

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

1. Organizations and individuals legally representing the domestic industry as provided for in Clause 1, Article 8 of the Anti-dumping Ordinance who submit applications for the application of anti-dumping measures to the Investigation Authority (hereinafter referred to as the Applicant).

2. Foreign organizations and individuals producing and exporting goods subject to the application for anti-dumping measures by the Applicant or being investigated by the Investigation Authority pursuant to the decision of the Minister of Commerce as provided for in Clause 2, Article 8 of the Anti-dumping Ordinance (hereinafter referred to as the Respondent).

3. Lawyers for the Applicant and the Respondent.

4. Other interested parties.

Article 15. Rights and obligations of the Applicant and the Respondent

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

a) Access to information provided by other interested parties to the Investigation Authority, except for information protected from disclosure as provided for in Article 30 of this Decree;

b) Request protection of information as provided for in Article 30 of this Decree;

c) Participate in consultations;

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

e) Request the Investigation Authority to organize confidential consultation sessions as provided for in Clause 6, Article 29 of this Decree;

f) Lodge complaints and initiate lawsuits against decisions of the Minister of Commerce as provided for in Article 26 of the Anti-dumping Ordinance.

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

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

b) Recommend the Investigation Authority to extend the deadline for providing information and the deadline for responding to the investigation questionnaire as provided for in Clause 2, Article 23 of this Decree.

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

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

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

c) Comply with decisions of the Minister of Commerce.

Article 16. 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 participate in the process of resolving anti-dumping cases to protect the legitimate rights and interests of the party they represent upon authorization by the Requester or the Respondent.

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 allowed to record and photocopy necessary documents in the anti-dumping case file, except for information protected from disclosure as stipulated in Article 30 of this Decree, to implement the protection of the legitimate rights and interests of the party they represent;

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

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

g) Shall not disclose investigative secrets known during participation 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 on the interests of the State, the legitimate rights and interests of organizations and individuals.

Article 17. 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 30 of this Decree.

3. Access information about the anti-dumping case held by the Investigating Authority, except for information protected from disclosure as provided for in Article 30 of this Decree.

4. Participate in consultation sessions and present views related to the anti-dumping case, except in cases specified in Clause 6 of Article 29 of this Decree.

Chapter III

INVESTIGATION FOR THE APPLICATION OF ANTI-DUMPING MEASURES

Article 18. Application File for Anti-Dumping Measures

The application file for anti-dumping measures includes:

1. An application form for the application of anti-dumping measures, including the following contents:

a) Name, address, and other necessary information of the Requester or of the domestic industry's representative in the case where 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, which includes the name, basic characteristics, primary purpose of use, current import tariff code, applicable import tariff rate, and origin of the imported goods;

c) Description of the quantity, volume, 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, 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;

e) Information on the normal value and export price of the goods described in point b of this clause at the time of importation into Vietnam 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;

f) Dumping margin of the imported goods subject to the application of anti-dumping measures;

g) Information, data, and evidence regarding significant injury caused to the domestic industry by dumped goods entering Vietnam or threatening to cause such injury;

h) Name, address, and other necessary information of all Respondents;

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

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

Article 19. Review of the Application File for Anti-Dumping Measures in Cases with a Requester

1. Within forty-five days from the date of receipt of a complete and valid file as prescribed in Article 18 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 review of the file includes:

a) Determining the lawful representative status of organizations and individuals submitting the file for the domestic industry as provided for in Clause 1, Article 8 of the Anti-Dumping Ordinance;

b) Determining evidence of dumping of imported goods into Vietnam causing or threatening to cause significant damage to the domestic industry.

Article 20. Establishment of the Application File for Anti-Dumping Measures in Cases without a Requester

1. In cases where there is no requester but there are signs that dumping of imported goods into Vietnam is causing or threatening to cause significant damage to the domestic industry, the Minister of Commerce shall issue a decision to instruct the Investigating Authority to establish an application file for anti-dumping 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 from the date the Minister of Commerce signs the decision to instruct the Investigating Authority to establish the file.

Article 21. 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 industry in cases where there is no Requester;

c) Description of the goods subject to the requested anti-dumping investigation, including name, basic characteristics, main purpose of use, current import tariff code, and applicable import tariff rate;

d) Name, address, and other necessary information of all Respondents;

đ) Name of the country, region of production and export of the goods subject to the requested anti-dumping measure;

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

g) Effective date of commencement of the investigation;

h) Investigation period;

i) Schedule for resolving the anti-dumping case;

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

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

Article 22. Provision of Information and Documents During the Investigation

1. Related parties have the responsibility to provide authentic information and necessary documents upon 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-dumping case.

3. In cases where verification of the authenticity of the information and documents or collection of additional information takes place outside Vietnam, the Investigating Authority must comply with the following provisions:

a) Before conducting verification or collecting information, the Investigating Authority must notify relevant organizations, individuals, and competent authorities of the country or region 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 region mentioned in point a of this clause, except where international agreements to which Vietnam, the countries, and regions concerned are members provide otherwise.

4. Except for information protected under Article 30 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) A related party fails to 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 parties are not authentic;

c) A related party does not agree to allow the Investigating Authority to conduct inspections;

d) A related party obstructs the investigation process.

6. In cases where the use of part of the information and documents provided by the related parties is not accepted, the Investigating Authority must explain the reasons for not accepting such information and documents.

Article 23. Investigation Questionnaire

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

          a) The Person Requested or the lawful representative of the Person Requested;

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

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

          d) Other related parties.

          2. Within thirty days from the date of receipt of the investigation questionnaire, the Person Requested must submit a complete response document to all questions listed in the investigation questionnaire to the Investigating Authority. In case of necessity and if the Person Requested requests it in writing, this period may be extended once for up to thirty additional days at the discretion of the Investigating Authority.

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

Article 24. Content of Investigation for Anti-Dumping Measures

The investigation for the application of anti-dumping measures on imported goods into Vietnam includes the following contents:

1. Determining dumped goods entering Vietnam and the dumping margin as provided for in Article 25 of this Decree.

2. Determining material injury or threat of material injury to the domestic industry as provided for in Clause 2 of Article 12 of the Anti-Dumping Ordinance.

3. The relationship between the dumping of goods into Vietnam and material injury or threat of material injury to the domestic industry as provided for in Article 28 of this Decree.

Article 25. Determination of Dumping Margin

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

2. Where the number of Persons Requested or the scope of goods subject to anti-dumping measures is too large to allow for the determination of individual dumping margins, the Investigating Authority may limit the scope of the investigation to determine individual dumping margins for some Persons Requested or goods subject to anti-dumping measures.

Limiting the scope of the investigation shall be carried out in accordance with the following provisions:

a) Limiting the scope of the investigation shall be conducted through a suitable statistical sampling method based on the volume, quantity, or value of the goods subject to anti-dumping measures produced and exported to Vietnam by the Person Requested or other information obtained by 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 process and must obtain the consent of the Person Requested for the sampling.

3. The dumping margin is determined by the calculable difference between the normal value of the goods and the export price of those goods into Vietnam.

4. The dumping margin applied to a Person Requested not investigated is the weighted average dumping margin applied to the sampled Person Requested as provided for in Clause 2 of this Article.

5. The Investigating Authority may consider determining individual dumping margins for a Person Requested not selected as provided for in Clause 2 of this Article but who voluntarily provides necessary and timely information during the investigation, unless the number of Persons Requested providing such information is too large and determining individual dumping margins for these Persons Requested would prevent the investigation from being completed within the prescribed timeframe.

Article 26. Determination of Normal Value and Export Price

1. The normal value of imported goods into Vietnam shall be determined in accordance with the provisions of Clause 2 and 3 of Article 3 of the Anti-Dumping Law.

2. In cases where imported goods into Vietnam pass through a third country or territory, the normal value will be determined as the comparable price of similar goods at the exporting country or territory.

3. In cases where goods merely transit through the port of a third country or territory, or there is no comparable price for such goods at the third country or territory, the normal value shall be determined as the comparable price of related goods at the country or territory of origin.

4. The export price of imported goods into Vietnam shall be calculated based on the selling price of the goods sold by the foreign manufacturer or exporter to the importer in Vietnam, as evidenced by legitimate transaction documents.

5. In cases where there is no export price or there is clear evidence that the export price specified in Clause 4 of this Article is not reliable, the Investigating Authority shall determine the export price according to one of the following two methods:

a) The price is established based on the price of imported goods sold to the first independent buyer in Vietnam.

b) The price is calculated based on reasonable grounds as decided by the Investigating Authority.

Article 27. Adjustment of Normal Value and Export Price when Determining Dumping Margin

In necessary cases, when determining the dumping margin, the Investigating Authority may consider and implement the following adjustments:

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

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

3. Adjusting the normal value and export price based on differences in taxes, sales conditions, trade volume, quantity, physical characteristics, and other factors deemed appropriate by the Investigating Authority.

4. The normal value and export price must be converted into Vietnamese Dong based on the average inter-bank foreign exchange trading rate published by the State Bank of Vietnam on the day the Minister of Trade signs the decision to initiate the investigation. If the State Bank of Vietnam does not publish the rate on the day the Minister of Trade signs the decision to initiate the investigation, the conversion shall be carried out based on the rate published on the next subsequent day.

Article 28. Determination of the Relationship between Dumping Imported Goods into Vietnam and Significant Injury or Threat of Significant Injury to the Domestic Industry

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

a) The relationship between dumping imported goods into Vietnam and evidence of significant injury or threat of significant injury to the domestic industry.

b) The quantity and price of similar goods imported into Vietnam that are not dumped.

c) The decline in demand or changes in consumption patterns for domestically produced similar goods.

d) The export capacity and productivity of the domestic industry.

đ) Other factors as decided by the Investigating Authority.

2. In necessary cases, the Investigating Authority may also consider additional factors causing or threatening to cause significant injury to the domestic industry outside of the dumping of imported goods into Vietnam.

Article 29. Consultation during investigation

1. Based on the time specified in the decision to apply anti-dumping measures for the organization of the consultation session, the Investigating Authority shall organize a public consultation session with the interested parties and assign at least three Investigators, including one Chairperson to preside over the consultation session.

2. At least thirty days before the date of the consultation session, the interested parties must submit a registration document to participate in the consultation session to the Investigating Authority, stating clearly the issues requiring consultation accompanied by written arguments.

3. The procedure for conducting consultations:

a) The Chairperson announces the opening of the consultation session;

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

c) The Requestor and the Respondent provide the written content of their speeches as stipulated in point b of this clause to the Chairperson;

d) Interested parties not covered under point b of this clause have the right to submit written statements regarding their positions related to the anti-dumping case to the Chairperson;

đ) The Chairperson, together with the Investigators, may ask questions and hear responses from the Requestor, the Respondent, or their legitimate representatives. The time allocated for questioning and answering shall not exceed sixty minutes for each side. All of this content will be recorded in the consultation minutes;

e) The Chairperson summarizes the content of the consultation session and declares its conclusion.

4. Within seven working days from the date of the consultation, the interested parties have the right to submit additional written statements regarding their positions related to the anti-dumping case to the Investigating Authority.

5. The entire content of the consultation, including the written statements of the parties and the consultation minutes, shall be publicly disclosed by the Investigating Authority.

6. In cases where necessary, the Investigating Authority may organize a closed consultation session upon request of the Requestor or the Respondent. The participants in the closed consultation session will be determined by the Investigating Authority based on the request of the requesting party for a closed consultation.

Article 30. Confidentiality of Information

1. The Investigating Authority and Investigators are only responsible for maintaining confidentiality for the following information provided by the interested parties:

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

b) Information that the provider considers confidential and which the Investigating Authority 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 such information with a detailed explanation of the reasons for requesting confidentiality and a summary of the contents of the confidential information that can be publicly disclosed to other interested parties.

3. If the confidentiality request of the information provider is not accepted or if the information provider does not agree to disclose the information requested to be kept confidential, the Investigating Authority will not use this information and return it to the provider.

Article 31. Preliminary Conclusion

1. Within ninety days from the date of the decision to apply anti-dumping measures, the Investigating Authority shall publish a preliminary conclusion on the contents related to the investigation process as prescribed in Article 12 of the Anti-Dumping Law; in special circumstances, the deadline for publishing the preliminary conclusion may be extended but not more than sixty days.

2. The preliminary conclusion 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 the imported goods subject to the application of anti-dumping measures, which includes the name, basic characteristics, primary purpose of use, current import tariff code, applicable import tariff rate, and origin of the imported goods;

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

d) Description of the volume, quantity, and value of imported goods into Vietnam within twelve months prior to the submission of the application for the imposition of anti-dumping measures by the Requestor or prior to the establishment of the file for the application for the imposition of anti-dumping measures by the Investigating Authority pursuant to the decision of the Minister of Trade;

đ) Dumping margin;

e) Information and evidence proving that the dumping of the imported goods described in point b of this clause has caused or threatens to cause significant damage to the domestic industry; or information and evidence proving that the delayed imposition of provisional anti-dumping duties threatens to cause significant damage to the domestic industry and is difficult to remedy;

g) Schedule for resolving the anti-dumping case;

h) Other information deemed necessary by the Investigating Authority.

3. Seven working days after the date of the preliminary investigation conclusion, the Investigating Authority must submit the investigation report and the preliminary investigation conclusion to the Minister of Trade, and in cases where necessary, recommend the Minister of Trade to issue a decision imposing provisional anti-dumping duties.

Article 32. Termination of Investigation

1. The Minister of Commerce decides to terminate the investigation in accordance with Article 19 of the Anti-Dumping 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 to the relevant parties in an appropriate manner, specifying the reasons for terminating the investigation.

Article 33. Final Conclusion

1. Within thirty days from the end of the investigation process, the Investigating Authority must publish the final conclusion on the contents related to the investigation process as stipulated in Article 12 of the Anti-Dumping Ordinance.

2. The final conclusion and the main bases for reaching the final conclusion must be publicly announced through an appropriate method and must include the following contents:

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

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

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

d) Description of the volume, quantity, and value of imported goods into Vietnam within twelve months prior to the submission of the application for the imposition of anti-dumping measures by the Requestor or prior to the establishment of the file for the application for the imposition of anti-dumping measures by the Investigating Authority pursuant to the decision of the Minister of Trade;

đ) Dumping margin;

e) Information and evidence proving that the dumping of imported goods described in this paragraph causes or threatens to cause significant damage to the domestic production industry;

g) Schedule for resolving the anti-dumping case;

h) Other information deemed necessary by the Investigating Authority.

Article 34. Submission of Exclusion Commitment Documents

After receiving the preliminary conclusion and at the latest not more than thirty days before the end of the investigation period, the legitimate representative of the Respondent may submit an exclusion commitment document regarding one or several provisions set out in Clause 1 of Article 21 of the Anti-Dumping Ordinance (hereinafter referred to as the "Exclusion Commitment") directly to the Investigating Authority or to domestic producers for review prior to submission to the Investigating Authority.

Article 35. 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 production industry;

Chapter IV

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

Section 1

Article 36. Decision on Exclusion Commitments

1. Based on the Investigating Authority's opinion on the Exclusion Commitment, the Minister of Commerce may issue one of the following decisions:

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

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

c) Deciding not to accept the commitment and stating the reasons.

2. The decisions specified in Clause 1 of this Article must be publicly announced to the relevant parties through an appropriate method.

3. In case the party making the commitment accepts the proposal to adjust the content of the commitment as provided in point b of Clause 1 of this Article, the party making the commitment must submit a new commitment document to the Investigating Authority.

b) The application of the Exclusion Commitment from Dumping shall not have a negative impact on the implementation of domestic socio-economic policies.

Article 36. Decision on the Exclusion Commitment from Dumping

1. Based on the recommendation of the Investigating Authority regarding the Exclusion Commitment from Dumping, the Minister of Commerce may issue one of the following decisions:

a) A decision to suspend the investigation and accept the commitment made by the parties making the commitment;

b) A request for the party making the commitment to amend the content of the commitment without compelling the parties making the commitment;

c) A decision not to accept the commitment and specify the reasons.

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

3. In the case where the party making the commitment accepts the request to amend the content of the commitment as stipulated in Point b Clause 1 of this Article, the party making the commitment shall submit a new commitment to the Investigating Authority.

Article 37. Supervision of the Implementation of Commitments to Eliminate Dumping 1. The committing party shall 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 case the committing party fails to implement the commitment properly, causing or threatening to cause significant damage to the domestic industry, the Investigating Authority must recommend that the Minister of Commerce issue a decision to continue the investigation to apply anti-dumping measures or issue a decision to apply anti-dumping measures as prescribed in Clause 6, Article 21 of the Anti-Dumping Law.

APPLICATION OF ANTI-DUMPING DUTIES

Section 2

Article 38. Application of Temporary Anti-Dumping Duties

1. After sixty days from the date of the investigation decision, based on the preliminary conclusion and recommendation of the Investigating Authority, the Minister of Commerce shall issue a decision to apply temporary anti-dumping duties.

2. The decision on the application of temporary anti-dumping duties must comply with the provisions set out in Clauses 2, 3, 4, and 5 of Article 20 of the Anti-Dumping Law.

3. The decision to apply temporary anti-dumping duties shall be publicly announced, including the following contents:

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

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

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

d) Rate of temporary anti-dumping duty;

đ) Effective date and duration of the temporary anti-dumping duty.

Article 39. Decision of the Handling Council

1. Based on the dossier of the anti-dumping case as stipulated in Clause 3, Article 33 of this Decree, within thirty days from the date of receipt of the dossier, the Handling Council shall be responsible for discussing and deciding by majority on the following issues:

a) Whether there is dumping of imported goods into Vietnam;

b) Whether there is significant damage or threat of significant damage to the domestic industry;

c) Whether there is a causal relationship between the dumping of imported goods into Vietnam and the significant damage or threat of significant damage to the domestic industry.

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

3. In cases where the decision of the Handling Council as stipulated in Clauses 1 and 2 of this Article confirms the existence of dumping and that the dumping is the cause of or threatens to cause significant damage to the domestic industry, the Handling Council must recommend that the Minister of Commerce issue a decision to apply anti-dumping duties.

Article 40. Application of Anti-Dumping Duties

1. In cases where commitments as prescribed in Article 21 of the Anti-Dumping Law are not reached, based on the final conclusion and recommendation of the Handling Council as stipulated in Clause 3, Article 39 of this Decree, the Minister of Commerce shall issue a decision to apply anti-dumping duties.

In cases where the application of anti-dumping duties causes harm to the national economic and social interests, the Minister of Commerce may issue a decision not to apply anti-dumping duties.

2. The decision to apply anti-dumping duties shall be publicly announced, including the following main contents:

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

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

c) Name, address, and other necessary information of manufacturers and exporters of goods subject to anti-dumping duties;

d) Name of country or territory producing and exporting goods subject to anti-dumping duties;

đ) Summary of the investigation results showing the necessity to apply anti-dumping duties;

e) Rate of anti-dumping duty;

g) Effective date and duration of the anti-dumping duty;

h) Amount of tax differential to be refunded (if any) as prescribed in Article 41 of this Decree.

h) The amount of tax differential to be refunded (if applicable) as prescribed in Article 41 of this Decree.

Article 41. Refund of Anti-dumping Duty Differential or Security Deposits for Temporary Anti-dumping Duties

The refund of the anti-dumping duty differential or security deposits for temporary anti-dumping duties paid according to Clause 3, Article 20 of the Anti-dumping Ordinance shall be carried out at the customs office and tax payment location in accordance with the following provisions:

1. A full refund of the anti-dumping duty differential shall be made if the level of anti-dumping duty set forth in the Decision of the Minister of Commerce is lower than the temporarily paid anti-dumping duty.

2. A full refund of the temporarily paid anti-dumping duty or security deposits shall be made if the Minister of Commerce issues a decision not to apply the anti-dumping duty.

3. The anti-dumping duty differentials refunded pursuant to Clauses 1 and 2 of this Article shall not accrue interest.

Article 42. Determination of Individual Dumping Margins for Producers and Exporters Not Exporting Subject Goods During the Investigation Period

1. In cases where goods are subject to anti-dumping duties, upon receipt of a written request, the Investigating Authority must promptly determine individual dumping margins for producers and exporters who have not exported subject goods during the investigation period in Vietnam, provided that these producers and exporters prove they have no connection with producers and exporters currently subject to anti-dumping duties or those implementing anti-dumping exclusion commitments under Section 1 of this Chapter.

2. The individual anti-dumping duty specified in Clause 1 of this Article shall be retroactively effective from the date the Investigating Authority receives the request to determine the individual dumping margin.

3. If the individual anti-dumping duty is lower than the previously collected anti-dumping duty, the entire difference will be refunded at the customs office and tax payment location in accordance with the law. This refunded amount shall not accrue interest.

Chapter V

IMPLEMENTING PROVISIONS

Article 43. This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 44. Responsibility for Implementation

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

2. The Ministry of Finance shall provide guidance on procedures for collecting and remitting to the state budget anti-dumping duties on imported goods into Vietnam; procedures for refunding the anti-dumping duty differential or security deposits for temporary anti-dumping duties.

3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial people's committees under central cities are responsible for implementing this Decree./.