Voluntary Report - public distribution

**Date:** 7/7/2004

**GAIN Report Number:** VM4040

VM4040

**Vietnam**

**Trade Policy Monitoring**

**ANTI-DUMPING ORDINANCE**

**2004**

**Approved by:**

![](media/image1.wmf)Henry Schmick

U.S. Embassy

**Prepared by:**

Bui Thi Huong

**Report Highlights:**

On May 12, 2004 the President of the Socialist Republic of Vietnam
promulgated the Ordinance on Anti-Dumping of Imports into Vietnam. These
new law was passed by the Standing Committee of the XI^th^ National
Assembly of the Socialist Republic of Vietnam on April 29, 2004. The
Anti-Dumping Ordinance will be effective from October 1, 2004

Includes PSD Changes: No

Includes Trade Matrix: No

Unscheduled Report

Hanoi \[VM1\]

\[VM\]

TABLE OF CONTENTS

[**CHAPTER I: GENERAL PROVISIONS 3**](#chapter-i-general-provisions)

[Article 1: Scope of regulation 3](#article-1-scope-of-regulation)

[Article 2: Interpretation of terms
3](#article-2-interpretation-of-terms)

[Article 3: Determination of imports dumped into Vietnam
3](#article-3-determination-of-imports-dumped-into-vietnam)

[Article 4:- Anti-dumping measures 4](#article-4--anti-dumping-measures)

[Article 5: Principles for application of anti-dumping measures
4](#article-5-principles-for-application-of-anti-dumping-measures)

[Article 6:- Conditions for application of anti-dumping measures
4](#article-6--conditions-for-application-of-anti-dumping-measures)

[Article 7:- State management responsibility for anti-dumping
5](#article-7--state-management-responsibility-for-anti-dumping)

[CHAPTER II: INVESTIGATION FOR APPLICATION OF ANTI-DUMPING MEASURES
5](#chapter-ii-investigation-for-application-of-anti-dumping-measures)

[Article 8: Grounds for investigation
5](#article-8-grounds-for-investigation)

[Article 9:- Dossiers of request for application of anti-dumping
measures
5](#article-9--dossiers-of-request-for-application-of-anti-dumping-measures)

[Article 10:- Decision on investigation for application of anti-dumping
measures
6](#article-10--decision-on-investigation-for-application-of-anti-dumping-measures)

[Article 11:- Parties involve in the investigation process
7](#article-11--parties-involve-in-the-investigation-process)

[Article 12:- Contents of investigations for application of anti-dumping
measures
8](#article-12--contents-of-investigations-for-application-of-anti-dumping-measures)

[Article 13:- Supply of information, documents in the investigating
process
8](#article-13--supply-of-information-documents-in-the-investigating-process)

[Article 14:- Consultation 8](#article-14--consultation)

[Article 15:- Confidentiality 8](#article-15--confidentiality)

[Article 16:- Investigation time limit
9](#article-16--investigation-time-limit)

[Article 17:- Preliminary conclusions
9](#article-17--preliminary-conclusions)

[Article 18:- Final conclusions 9](#article-18--final-conclusions)

[Article 19:- Termination of investigation
9](#article-19--termination-of-investigation)

[CHAPTER III: APPLICATION OF ANTI-DUMPING MEASURES
9](#chapter-iii-application-of-anti-dumping-measures)

[Article 20:- Application of provisional anti-dumping taxes
9](#article-20--application-of-provisional-anti-dumping-taxes)

[Article 21:- Application of commitment measures
10](#article-21--application-of-commitment-measures)

[Article 22:- Application of anti-dumping taxes
10](#article-22--application-of-anti-dumping-taxes)

[Article 23:- Retrospective application of anti-dumping taxes
11](#article-23--retrospective-application-of-anti-dumping-taxes)

[CHAPTER IV: REVIEW OF APPLICATION OF ANTI-DUMPING MEASURES
11](#chapter-iv-review-of-application-of-anti-dumping-measures)

[Article 24:- Review of the application of anti-dumping measures
11](#article-24--review-of-the-application-of-anti-dumping-measures)

[Article 25:- Decisions of the results of review of the application of
ant-dumping measures
12](#article-25--decisions-of-the-results-of-review-of-the-application-of-ant-dumping-measures)

[CHAPTER V: COMPLAINTS AND HANDLING OF VIOLATIONS
12](#chapter-v-complaints-and-handling-of-violations)

[Article 26:- Complaints, lawsuits 12](#article-26--complaints-lawsuits)

[Article 27:- Settlement of dispute and handling of violations.
12](#article-27--settlement-of-dispute-and-handling-of-violations.)

[CHAPTER VI: IMPLEMENTATION PROVISIONS
12](#chapter-vi-implementation-provisions)

[Article 28:- Implementation effect
12](#article-28--implementation-effect)

[Article 29:- Implementation guidance
12](#article-29--implementation-guidance)

# CHAPTER I: GENERAL PROVISIONS 

## Article 1: Scope of regulation

This Ordinance provides for anti-dumping measures; procedures and
contents of investigation for application, and application of such
measures to imports dumped into Vietnam

## Article 2: Interpretation of terms

In this Ordinance, the following terms are construed as follows:

1\) Anti-dumping tax means an additional import tax imposed on imports
dumped into Vietnam, which causes or threatens to cause material injury
to a domestic industry.

2\) Dumping margin means the calculable difference between the normal
prices and the export prices of goods imported into Vietnam.

3\) Negligible dumping margin means a dumping margin, which is no more
than 2% of the export prices of goods imported into Vietnam

4\) Immaterial volume, quantity or value of imports dumped into Vietnam
means a volume, quantity or value of imports dumped into Vietnam, which
satisfies the following conditions:

a/ The volume, quantity or value of goods dumped from one country does
not exceed 3% of the total volume, quantity or value of the like goods
imported into Vietnam.

b/ The total of the volumes, quantities or values of goods dumped from
many countries, which satisfy the condition set at Point a of the
Clause, does not exceed 7% of the total volume, quantity or value of the
like goods imported into Vietnam.

5\) Domestic industry means a group of domestic producers or their
representatives that produce a volume, quantity or value of goods
accounting for a major proportion in the total volume, quantity or value
of domestically produced the like goods under the condition that these
producers do not import, and have no direct alignment relations with the
organizations or individuals exporting or importing the goods which are
requested for application of anti-dumping measures.

6)  Like goods mean goods bearing all of their characteristics
    resembling goods which are requested to be subject to the
    application to the application of anti-dumping measures or , in the
    absence of such goods, mean goods having many of their basic
    characteristics resembling goods which are requested to be subject
    to the application of anti-dumping measures.

7\) Material injury to a domestic producing industry means the state of
significant decline or growth restriction in terms of capacity, price
and sale of goods, profit, production development rate, employment,
investment and other indexes of the domestic industry, or the state of
retardation of the formation of a domestic industry.

8\) Threat to cause material injury to a domestic industry means an
imminent, apparent and provable possibility to cause material injury to
a domestic industry.

## Article 3: Determination of imports dumped into Vietnam

1\) Goods originated from a country or territory shall be regarded at a
dumping price when imported into Vietnam as sold at dumping price when
imported into Vietnam (hereinafter called goods dumped into Vietnam) if
such goods are sold at a price lower than the normal price prescribed in
Clause 2 and Clause 3 of this Article.

2\) The normal price of an import into Vietnam is a comparable price of
the like goods currently on sale on the domestic market of the exporting
country or territory under normal commercial conditions.

3\) In cases when there are no like goods on sale on the domestic market
of the exporting country or territory or there are like goods on sale on
the domestic market of exporting country or territory but in a
negligible volume, quantity or value, the normal prices of the imports
into Vietnam shall be determined in either of the following two ways:

a/ The comparable prices of the like goods of exporting country or
territory, which are on sale on the market of a third country under
normal commercial conditions.

b/ The reasonable costs of the goods plus other reasonable expenses as
well as reasonable profits, determined at each stage from production to
circulation on the market of the exporting country or territory or of a
third country.

## Article 4:- Anti-dumping measures

1\) Application of anti-dumping tax

2\) Commitments to take measures to preclude dumping, made by
organizations or individuals producing and/ or exporting the goods which
are requested for application of anti-dumping measures with Vietnamese
State bodies competent to apply anti-dumping measures or with domestic
producers if it is so approved by Vietnamese State bodies competent to
apply anti-dumping measures.

## Article 5: Principles for application of anti-dumping measures

1\) Anti-dumping measures shall be applied at a necessary and reasonable
level only in order to prevent or limit material injury to the domestic
industries

2\) The application of anti-dumping measures shall be effected only
after investigation has been conducted and must be based on the
investigation conclusions prescribed in Chapter II of this Ordinance.

3\) Anti-dumping measures shall only be applied directly to the imports
dumped into Vietnam under the provisions of the Ordinance.

4\) The application of anti-dumping measures must not cause harm to the
national socio-economic interests.

## Article 6:- Conditions for application of anti-dumping measures

Anti-dumping measures shall be applied to goods dumped into Vietnam only
when there exist the following two conditions:

1\) The goods dumped into Vietnam and the dumping margin must be
specially determined;

2\) The dumping of goods prescribed in Clause 1 of this Article
constitutes the cause of, or the threat to cause, material injury to the
domestic industries.

## Article 7:- State management responsibility for anti-dumping

1\) The Government shall perform the uniform State management over
anti-dumping of imports into Vietnam

2\) The Government shall set up, an specify the organizations
apparatuses, functions, tasks and powers of, anti-dumping bodies under
the Ministry of Trade, including:

a/ The anti-dumping investigation agency (hereinafter called the
investigation agency), which shall investigate and look into
anti-dumping cases and, when necessary , propose the Trade Minister to
issue decisions to apply provisional anti-dumping taxes;

b/ The Council for handling of anti-dumping cases, which shall consist
of a number of standing members and other members who shall work on each
case to review the conclusions of the investigation agency, discuss and
decide by majority on whether the goods are dumped into Vietnam or not,
causing or threatening to cause material injury to the domestic
industries; and propose the Trade Ministry to issue decisions to apply
anti-dumping taxes.

3\) The Trade Ministry shall be responsible before the Government for
performing the State management over anti-dumping, decide on the
application of anti-dumping measures and bear responsibility for such
decisions.

4\) The Ministries, the ministerial -- level agencies and the
provincial/municipal People Committees shall, within the scope of their
respective tasks and powers, have to coordinate with the Trade Ministry
in performing the State management over anti-dumping measures and
applying anti-dumping measures.

# CHAPTER II: INVESTIGATION FOR APPLICATION OF ANTI-DUMPING MEASURES

##  Article 8: Grounds for investigation

1\) The investigation for application of anti-dumping measures shall be
conducted when dossiers of request for application of anti-dumping
measures are filed by organizations or individuals representing the
domestic industries

Organizations or individuals filing dossiers of request for application
of anti-dumping measures shall be regarded as representatives of a
domestic industry when there exist the following two conditions:

a/ The volume, quantity or value of goods they produce or represent
accounts for at least 25% of the total value, quantity or value of the
like goods of the domestic industry

b/ The volume, quantity or value of goods prescribed at Point a of this
Clause and of the domestic producers that support the filing of dossiers
of request for application of anti-dumping measures must be bigger than
the volume, quantity or value of the like goods of domestic producers
that oppose the requests for application of anti-dumping measures.

2\) The Trade Minister may issue investigation decisions when there are
clear evidences that the dumping of goods causes or threatens to cause
material injury to a domestic industry.

## Article 9:- Dossiers of request for application of anti-dumping measures

A dossier of request for application of anti-dumping measure, which
shall be addressed to the investigation agency, comprises:

1)  The written request for application of anti-dumping measures,
    including the following contents:

a/ The name, address and other necessary information of the organization
or individual filing the request for application of anti-dumping
measures;

b/ Description of imports which are requested to be subject to the
application of anti-dumping measures, stating names of the goods, their
basic characteristics and main use purpose, their codes according to the
current import tariffs, the currently applied import tax rates, and the
import origins;

c/ The description of the volume, quantity and value of the imports
stated at Point b of this Clause within twelve months before the dossier
of request for application of anti-dumping measures is filed;

d/ Description of the volume, quantity and value of the like
domestically produced within twelve months before the dossier of request
for application of anti-dumping measures filed;

e/ Information on the normal prices and export prices of the goods
described under the provisions of Point b of this Clause at the same
time of their importation into Vietnam within twelve months before the
dossier of request for application of anti-dumping measures is filed;

f/ The dumping margin of the imports requested to be subject to the
application of anti-dumping measures;

g/ Information, data and proofs on the material injury which the goods
dumped into Vietnam cause or threaten to cause the domestic industry in
question;

h/ The name, address and other necessary information of the organization
and /or individual producing and exporting into Vietnam the goods
requested to be subject to the application of anti-dumping measures;

i/ The specific request regarding the application of anti-dumping
measures, the application time limit and extent;

2)  Other relevant documents and information, which are deemed necessary
    by the organization or individual requesting the application of
    anti-dumping measures.

## Article 10:- Decision on investigation for application of anti-dumping measures

1\) Within fifteen days after receiving the dossiers of request for
application of anti-dumping measures, if deeming that such dossiers fail
to full contain the contents prescribed in Article 9 of the Ordinance,
the investigation agency must inform the filing organization or
individual thereof for supplementation.

2\) The time limit for dossier supplementation shall be set by the
investigation agency but must not be shorter than thirty days as from
the date the organization or individual receives the dossier
supplementation notice.

3\) Before the Trade Minister issues investigation decisions, the
investigation agency must notify Vietnamese anti-dumping regulations to
the competent authorities of the countries or territories the export of
the goods requested to be subject to the application of anti-dumping
measures.

4\) Within sixty days as from the date of receiving the dossiers with
the full contents prescribed in Article 9 of this Ordinance, the Trade
Minister shall issue investigation decisions; in special cases, the time
limit for issuance of investigation decisions may be extended for no
more than thirty days.

5\) Within fifteen days as from the date of issuance of the decisions on
investigation for application of anti-dumping measures, the
investigation agency shall notify the investigation decision to the
organizations or individuals requesting the application of anti-dumping
measures; the producers, exporters and competent authorities of the
countries or territories that export the good requested for application
of anti-dumping measures and announce them to the involved parties.

6\) The Trade Minister must not issue investigation decisions if the
organizations or individuals requesting the application of anti-dumping
measures withdrawn their dossiers, except for the case specified in
Clause 2, Article 8 of this Ordinance.

## Article 11:- Parties involve in the investigation process

The parties involved in the investigation process include:

1\) Organizations, individuals filing dossiers of request for
application of anti-dumping measures

2\) Foreign organizations, individuals producing or exporting good
requested for application of anti-dumping measures

3\) Organizations, individuals importing goods requested for application
of anti-dumping measures;

4\) Domestic organizations, individuals producing like goods;

5\) Domestic business associations representing the majority of
organizations, individuals producing and /or importing the like goods

6\) Foreign business associations representing the majority of
organizations, individuals producing and /or exporting the goods
requested for application of anti-dumping measures.

7\) Trade union or other organizations representing the interests of
laborers in the domestic industries

8\) Organizations protecting consumers' interests

9\) Competent Vietnamese State bodies

10\) Competent authorities of the countries or territories exporting the
goods requested for application of anti-dumping measures;

11\) Other organizations, individuals that have their rights and
interests involved in the investigation process

## Article 12:- Contents of investigations for application of anti-dumping measures

## 

1.  Determining the goods dumped into Vietnam and the dumping margin

2.  Determining the material injury or the threat to cause material
    injury to the domestic industries on the basis of examining the
    following contents:

a/ The volume, quantity or value of the goods dumped into Vietnam,
compared with volume, quantity or value of the like goods domestically
produced or sold, which has been increasing significantly in absolute or
relative terms;

b/ Prices effects of the goods requested for application of anti-dumping
measures on the reduction of, or the restriction of the possibility to
reasonably increase, the prices of the domestic like goods;

c/ Adverse impacts on the domestic industries or on the formation of the
domestic industries

3.  The link between the dumping of goods into Vietnam and the material
    injury or the threat to cause material injury to the domestic
    industries

## Article 13:- Supply of information, documents in the investigating process

## 

1.  The parties involve in the investigation process prescribed in the
    Article 11 of this Ordinance shall have to supply truthful
    information and necessary documents at the request of the
    investigation agency.

2.  Where necessary information or documents are not supplied as
    requested, the investigation agency shall make decisions on the
    basic of available information and documents.

## Article 14:- Consultation

1.  The investigation agency shall organize consultations with the
    parties involved in the investigation process prescribed in Article
    11 of this Ordinance in order to create conditions for the parties
    to express their opinions and supply necessary information

2.  The parties involved in the investigation process are not obliged to
    attend consultation meetings; if any party is absent from
    consultation meetings, its interests related to the application of
    anti-dumping measures will be assured

3.  Consultations must not obstruct the investigation process and the
    application of anti-dumping measures prescribed in this Ordinance.

## Article 15:- Confidentiality

1.  The investigation agency shall be responsible for keeping
    confidential information supplies to it when receiving justified
    requests of the parties involved in the investigation process and
    request these parties to supply brief information which needs to be
    kept confidential.

2.  The parties involved in the investigation process may have access to
    information already supplied to the investigation agency, excluding
    information which needs to be kept confidential.

## Article 16:- Investigation time limit

1.  The time for investigation for application of anti-dumping measures
    shall not exceed twelve months as from the date of issuance of
    investigation decisions.

2.  In special cases, the Trade Minister may decide to extend the
    investigation time limit for no more than six months

## Article 17:- Preliminary conclusions

1.  Within ninety days as from the date of issuance of investigation
    decisions, the investigation agency shall publicize the preliminary
    conclusions on the contents related to the investigation process
    prescribed in Article 12 of this Ordinance; in special cases, the
    time limit for publication of preliminary conclusions may be
    extended for no more than sixty days

2.  Preliminary conclusions and major grounds for making such
    preliminary conclusions must be publicized by appropriate modes to
    the parties involved in the investigation process.

## Article 18:- Final conclusions

1.  After completing the investigation process, the investigation agency
    shall publicize its final conclusions on the contents related to the
    investigation process prescribed in Article 12 of this Ordinance,

2.  The final conclusions and major grounds for making such final
    conclusions must be publicized by appropriate modes to the parties
    involved in the investigation process.

## Article 19:- Termination of investigation

The Trade Minister shall decide to terminate investigation in the
following cases:

1.  Organizations or individuals that have filed dossiers of request for
    application of anti-dumping measures voluntarily withdrawn their
    dossiers;

2.  Preliminary conclusions prescribed in Article 17 of this Ordinance
    contain at least one of the following contents:

a/ There is no dumping as prescribed in the Article 3 of this Ordinance;

b/ The dumping margin is negligible

c/ The volume, quantity and value of the goods dumped into Vietnam is
negligible

d/ There is no material injury or no threat to cause material injury to
the domestic industries

# CHAPTER III: APPLICATION OF ANTI-DUMPING MEASURES

## Article 20:- Application of provisional anti-dumping taxes

1.  After sixty days as from the date of issuance of investigation
    decision, on the basis of the preliminary decisions, on the basis of
    the preliminary conclusions, the Trade Minister may issue decisions
    to impose provisional anti-dumping taxes.

2.  The rates of provisional anti-dumping taxes must not exceed the
    dumping margin determined in the preliminary conclusions.

3.  The payment of provisional anti-dumping taxes may be secured with
    cash deposits or by other measures as prescribed by law.

4.  The time limit for application of provisional anti-dumping taxes
    must not exceed one hundred and twenty days as from the date of
    issuance of decisions on the application of this measures

5.  At the requests of the exporters of the like goods, the Trade
    Minister may extend the time limit for application of provisional
    anti-dumping taxes for no more than sixty days

## Article 21:- Application of commitment measures

1.  After the preliminary conclusions are made available and before
    termination of the investigation process, organizations or
    individuals producing or exporting the goods under investigation may
    make commitments with the Trade Ministry or domestic producers on
    one the following contents:

a/ To adjust the selling prices

b/ To voluntarily restrict the volume, quantity or value of the goods
dumped into Vietnam

2.  The Trade Minister may accept or reject or request adjustment of the
    commitment contents but must not force the parties to make such
    commitments

3.  The investigation agency shall make public the commitment's contents
    to the parties involved in the investigation process

4.  In case of rejecting the commitments of the involved parties, the
    Trade Minister must notify the reasons therefore and order the
    investigation to be continued for application of anti-dumping
    measures according to the provisions of this Ordinance.

5.  The Trade Minister shall issue decisions to cease the anti-dumping
    investigation and apply the commitment measure if deeming that the
    realization of such commitments shall not cause or threaten to cause
    material injury to the domestic industries.

The committing parties must periodically supply the investigation agency
with information and documents on the realization of their commitments
and approve the accuracy of such information under decisions of the
Trade Minister.

6.  Where the involved parties fail to properly realize their
    commitments, causing or threatening to cause material injury to the
    domestic industries, the Trade Minister shall issue decisions to
    resume the investigation or application of anti-dumping measures or
    issue decisions to apply anti-dumping measures as provided for by
    this Ordinance

## Article 22:- Application of anti-dumping taxes

1.  Where the commitments prescribed in Article 21 of this Ordinance
    cannot be fulfilled, on the basis of the final conclusions and
    proposals of the Council for handling of anti-dumping cases, the
    Trade Minister shall issue decisions to impose or not to impose
    anti-dumping taxes

2.  The rates of anti-dumping taxes must not exceed the dumping margins
    determined in the final conclusions.

3.  The time limit for application of anti-dumping taxes shall not
    exceed five years as from the date of issuance of the decisions to
    apply anti-dumping measures.

4.  The time limit for application of anti-dumping taxes may be extended
    in cases where the Trade Minister issues decisions to review the
    application of anti-dumping taxes as provided or in Chapter IV of
    this Ordinance.

5.  The investigation agency shall notify by appropriate modes the
    decisions to impose or not to impose anti-dumping taxes to the
    parties involved in the investigation process.

## Article 23:- Retrospective application of anti-dumping taxes

1.  Where the final conclusions determine that there is material injury
    or a threat to cause material injury to the domestic industries and
    the provisional anti-dumping taxes have been applied before the
    final conclusions are made, anti-dumping taxes shall be applied
    retrospectively.

2.  The anti-dumping taxes shall be retrospectively applied to the
    imports for ninety days back before the application of the
    provisional anti-dumping taxes if there exist the following two
    conditions:

a/ The imports are sold at dumping prices;

b/ The volume, quantity or value of the goods sold at dumping prices
into Vietnam surge suddenly, causing hardly remediable injury to the
domestic industries.

3.  Any tax difference shall not be retrospectively collected when the
    applied anti-dumping tax rate stated in the final conclusion is
    higher than the provisional anti-dumping tax rate prescribed in
    Article 20 of this Ordinance.

4.  Any tax difference shall be refunded when the applied anti-dumping
    tax rate stated in the final anti-dumping conclusion is lower than
    the provisional anti-dumping tax rate prescribed in Article 20 of
    this Ordinance.

5.  Where the Trade Minister issues decisions not to impose anti-dumping
    taxes, the provisional anti-dumping taxes are already collected or
    amounts deposited to secure the payment of provisional anti-dumping
    taxes prescribed in Article 20 of this Ordinance shall be refunded.

# CHAPTER IV: REVIEW OF APPLICATION OF ANTI-DUMPING MEASURES

## Article 24:- Review of the application of anti-dumping measures

1.  After one year, as from the date of issuance of the decisions to
    apply anti-dumping measures, the Trade Minister shall be entitled to
    review the application of such anti-dumping measures when it is so
    requested by one or many of the involved parties prescribed in
    Article 11 of this Ordinance and on the basis of examining the
    proofs supplied by the requesting party (ies).

2.  One year before the expiry of the decisions to apply anti-dumping
    measures, the Trade Minister shall issue decisions to review the
    application of such anti-dumping measures.

3.  The investigation agency shall review the application of
    anti-dumping measures according to the provisions of Article 9, 10,
    11, 12, 13, 14 and 15 of this Ordinance

4.  The carrying out of procedures related to the review process must
    not obstruct the current application of anti-dumping measures.

5.  The time limit for reviewing the application of anti-dumping
    measures prescribed in Clause 1 and Clause 2 of this Article shall
    not exceed twelve months as from the date of issuance of the review
    decisions.

## Article 25:- Decisions of the results of review of the application of ant-dumping measures

## 

At the end of the review of the application of anti-dumping measures,
the Trade Minister shall issue one of the following decisions:

1.  To continue, or extend the time limit for, the application of
    anti-dumping measures;

2.  To adjust the anti-dumping tax rates as appropriate to the review
    results;

3.  To terminate the application of anti-dumping measures

# CHAPTER V: COMPLAINTS AND HANDLING OF VIOLATIONS

## Article 26:- Complaints, lawsuits

1.  Within sixty days as from the date the Trade Minister issues the
    decisions to apply anti-dumping measures, if the parties involved in
    the investigation process and the application of anti-dumping
    measures disagree with such decisions, they may lodge complaints
    with the Trade Minister.

2.  Within sixty days as from the date of receiving complaints, the
    Trade Minister shall have to settle them; in special cases, the time
    limit for settling complaints may be extended for no more than sixty
    days and such must be notified by appropriate modes to the
    complaining organizations or individuals.

3.  Past the time limit in Clause 2 of this Article, if the Trade
    Minister fails to issue decisions to settle their complaints or the
    complaining organizations or individuals disagree with the Trade
    Minister's decisions to settle their complaints, they may initiate
    lawsuits at courts according to Vietnamese law provisions.

## Article 27:- Settlement of dispute and handling of violations.

The settlement of dispute and the handling of violations of the
legislation on anti-dumping of goods into Vietnam shall comply with
Vietnamese laws; if international agreements which Vietnam has signed or
acceded to otherwise provide for, such international agreements shall
apply.

# CHAPTER VI: IMPLEMENTATION PROVISIONS

## Article 28:- Implementation effect

This Ordinance takes effect as from October 1, 2004

## Article 29:- Implementation guidance

The Government and the Supreme People's Court shall, within the scope of
their respective tasks and powers, details and guide the implementation
of this Ordinance.

(Source: Vietnam's Official Gazette, No.18 /May 26, 2004)