When participating in the process of
international economic integration, every country voluntarily cut off the trade
barriers for goods to easily circulate among each other. However, in the legal
framework of World Trade Organization (WTO), the countries are allowed to
impose trade remedies if satisfying certain conditions. Vietnam has officially
become a member of WTO since July 11 2007 and the imposing of these trade remedies are regulated in Law on foreign trade management
2018.
Anti-dumping Law Firm in
Vietnam
According to Law on foreign trade management 2018, trade remedies
includes anti-dumping measure, countervailing measure and safeguard measure.
Specifically, (i) Anti-dumping
measure imposed on imports into Vietnam is a measure imposed on
products that are dumped when being imported to Vietnam, which causes material
injury or threaten to cause material injury to domestic industry or retard the
establishment of the domestic industry; (ii) Countervailing measure imposed on
imports into Vietnam is a measure imposed on products that are subsidized when
being imported to Vietnam, which causes the material injury or threat of
material injury to the domestic industry or retards the establishment of the
domestic industry; (iii) Safeguard measure imposed on foreign products imported
into Vietnam is measure imposed on increased imports of particular products to
Vietnam, which causes the serious injury or threat of serious injury to the
domestic industry.
The domestic industry mentioned above refers to the producers as a
whole of the like products within the territory of Vietnam or those whose
collective output of the like products constitutes a major proportion of
domestic production of those products. Besides, the injury to domestic industry
shall be determined on each level: (i) Material injury to domestic industry;
(ii) threat of material injury to domestic industry; (iii) material retardation
of establishment of a domestic industry; (iv)serious injury to domestic
industry; (v) threat of serious injury to domestic industry.
Due to the imposing of these remedies directly affecting to
foreign producer/exporter as well as domestic industry, thus, it is required to
comply to six following rules when imposing these remedies:
Firstly, impose measures within the reasonable scope and level for
a certain period of time to protect domestic industry, prevent or limit the
injury to it;
Secondly, only impose measures after the investigation is carried
out transparently and fairly in accordance with regulations of law and based on
determinations of the investigation;
Thirdly, decisions on the investigation and the imposition of
trade remedies shall be published;
Fourthly, if the duty rate of an official trade remedy is higher
than those of a provisional trade remedy, the difference of duty will not be
collected;
Fifthly, if the duty rate of an official trade remedy is lower
than those of the provisional trade remedy, the difference of duty will be
returned;
Sixthly, if the Minister of Industry and Trade does not impose an
official trade remedy, the duty of provisional trade remedy that has been
collected or the amount for ensuring the payment of temporary trade remedy
duties shall be returned.
If Client needs any more information or request for legal advice
regarding trade remedies measures including: anti-dumping, countervailing duty
and safeguard measures or international trade dispute matters, Our
international trade and tax lawyers, and antitrust lawyers in Vietnam at
ANT Lawyers, a Anti-dumping law firm in
Vietnam have always followed the development of situation and
update the clients on relevant matters.
