G/ADP/Q1/VNM/4  
G/SCM/Q1/VNM/4  
G/SG/Q1/VNM/4  
 
30 April 2019 
(19-2935) Page: 1/7 
Comm ittee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures 
Committee on Safeguards  Original: English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6  AND 12.6 OF THE AGREEMENTS  
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES  
REGARDING  THE NOTIFICATION2 OF VIET NAM3 
The following c ommunication, dated 26 April 2019, is being circulated at the requ est of the 
delegation of Viet Nam. 
 
_______________  
 
 
Question 1  
 
Please clarify what legal authority takes precedence in the event of a conflict between 
Law No.  05/2017/Qh14 on Foreign Trade Management, the Decree No. 10/2018/ND -CP, 
and Circular No.  06/2018/TT -BCT and the relevant WTO agreements (i.e., Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, 
Agreement on Subsid ies and Countervailing Measures, and Agreement on Safeguards).  
 
Reply  
 
Article  156.5 of the 2015 Law on Promulgation of legal documents and Article  6.1 of the 2016 Law 
on Treaties provide that: "If a legal document, except the Constitution, and a treaty to  which the 
Socialist Republic of Viet  Nam is a contracting party have different provisions on the same issue, the 
treaty shall prevail ". The application of legal documents in the country should not hinder the 
implementation of international treaties to whi ch the Socialist Republic of Viet  Nam is a contracting 
party.  
 
Hence, in the event of a conflict between Law No. 05/2017/QH14 on Foreign Trade Management, 
the Decree No. 10/2018/ND -CP, Circular No. 06/2018/TT -BCT and the relevant WTO agreements, 
the WTO agreements shall  take precedence.  
 
Question 2  
 
Chapter 1 Article 3 of the Circular  states that the term "special products" refers to "the 
products which have physical and chemical properties similar to {sic} but some 
characteristics, appearance or quality different from the like or directly competitive 
products manufactured by the domestic industry" . In light of the fact that Article XIX of 
                                                
1
 G/ADP/Q1/VNM/3 -G/SCM/Q1/VNM/3 -G/SG/Q1/VNM/3 (dated 2  April 2019).  
2
 G/ADP/N/1/VNM/2 –G/SCM/N/1/VNM/1 –G/SG/N/1/VNM/2 (dated 31 August 2018). For the sake of 
efficiency, the United States suggests that committee review for questions 12 -14 be conducted in the Committee 
on Safeguards, while the review for all other questions be conducted in the Committee on A nti-Dumping 
Practices.  
3
 The information in this document is for reference purposes only and does not affect the rights and 
obligations of Viet Nam in accordance with Vietnamese  laws and international treaties to which Viet Nam is a 
party.  G/ADP/Q1/VNM/4 • G/SCM/Q1/VNM/4 • G/SG/Q1/VNM/4  
 
- 2 - 
 
  the General Agreement on Tariffs and Trade 1994 and the Agreement on Safeguards use 
the term "like or directly competi tive", please explain whether Viet Nam plans to use this 
term in making determinations and findings in safeguard investigations or in applying 
safeguard measures.  
 
Reply  
 
Safeguard investigation and application in Viet  Nam are based on the term of "like or  directly 
competitive products ", which is compliant with Article  XIX of the GATT 1994 and the Agreement on 
Safeguards of the WTO. The term "special products " is relevant only in the context of considering 
request(s) for exemption from safeguard measures on  certain products under Article  9.1.(b) of 
Circular  06. 
 
Question 3  
 
Chapter 3 Article 10 of the Circular  states that importers of products, users of products, 
and other organizations and individuals, as decided by the Minister of Industry and Trade, 
may s ubmit requests for exemption from trade remedies.  
 
a. Please provide examples of "other organizations and individuals" that may submit 
requests for this type of exemption.  
b. Please clarify whether all interested parties defined in Chapter 9 Article 74 in the 
Law No.  05/2017/QH14 on Foreign Trade Management would have the opportunity 
to request an exemption.  
c. If the Minister of Industry and Trade grants these exemptions during the course of 
an investigation, how will it account for the impact those exemptions h ave on the 
domestic industry for purposes of determining injury and the effectiveness of any 
measures imposed?  
 
Reply  
 
a. The "other organizations and individuals " referred to under Article  10.3 of Circular  06 may be 
associations (e.g., representatives of importers) or exporters of products under investigation 
as decided by the Minister of Industry and Trade on a case by case basis.  
b. During the investigation, the Investigating Authority will determine the scope of products 
under investigation. All interested  parties pursuant to Article  74 of the Law on Foreign Trade 
Management shall have the right to comment and request for exclusion regarding the scope 
of products before the Investigating Authority makes a final decision.  
After the decision on the applicatio n of trade remedy measures is promulgated, interested 
parties under Article  74 of the Law on Foreign Trade Management shall have the right to 
request the Investigating Authority to review the scope of products for adjustment in 
accordance with relevant reg ulations.  
In addition, after the trade remedy measures (provisional or final) take effect, Vietnamese 
regulations also allow entities regulated in Article  10 of Circular  06 to request for exemption 
of certain goods. The exemption consideration shall be made in accordance with relevant 
regulations, provided that such exemption does not reduce the overall effectiveness of the 
trade remedy measure.  
c. Where an exemption during the investigation process (i.e., after the application of a 
provisional measure) is granted, including exemptions under Chapter  III of Circular  06, the 
impact of such exemption is determined based on the volume and price of exempted products, 
which complies with relevant Vietnamese regulations and WTO Agreements.  
 
Question 4  
 
Chapter 1 Ar ticle 11 of the Decree  notes that the investigating authority shall make public 
non-confidential information via electronic means or other means as suitable to the 
technical infrastructure of the investigating authority.  
 
a. Please clarify whether non -confid ential information will be provided only to 
interested parties registered with the authority or will it also be available to the 
general public.  G/ADP/Q1/VNM/4 • G/SCM/Q1/VNM/4 • G/SG/Q1/VNM/4  
 
- 3 - 
 
  b. How will interested parties or the general public, if allowed, access the non -
confidential information?  
c. Please clarify what constitutes non -confidential information that will be provided. 
For example, will non -confidential case files, memos of authority decisions, 
verification reports, briefs, and meeting notes be provided?  
 
Reply  
 
a. During the investigation and appl ication of trade remedy measures, there are two categories 
of non -confidential information : 
- Notifications of the Investigating Authority and the Ministry of Industry and Trade, 
including: notifications of receipt of requests for initiation of trade remedy investigation, 
preliminary determinations, final determinations, notifications of interested party 
registration, questionnaires, public hearing, sampling are made public through the 
official websites of the Trade Remedies Authority of Viet  Nam ( www. trav.gov.vn ) and 
the Ministry of Industry and Trade ( www.moit.gov.vn ). 
- Other non -confidential documents as stipulated by Article  7 of Circular  06 can be 
accessed by all interested parties in accordance with Article  74 of the Foreign Trade 
Management Law.  
b. In order to access relevant non -confidential information, interested parties may access the 
websites of the Investigating Authority ( www.trav.gov.vn ) and the Ministry of Industry and 
Trade ( www.moit.gov.vn ). For the second category, interested parties could send requests to 
access information to the Investigating Authority. Upon receipt of the request, the 
Investigating Authority will provide such information in electronic form o r through onsite 
copying . 
c. Already mentioned in (a).  
 
Question 5  
 
With regard to Chapter 1 Article 12 in the Decree , please clarify how far in advance the 
investigating authority will notify interested parties subject to investigation of the 
documents and i nformation it intends to verify through an on -site investigation.  
 
Reply  
 
Article  12.3 of Decree  10 stipulates that the Investigating Authority shall send a notice of the 
investigation and investigation contents to the interested party before conducting a n on-site 
investigation.  
 
Question 6  
 
Chapter 1 Article 13 in the Decree  indicates that the investigating authority may hold 
consultations with interested parties.  
 
a. Will a non -confidential summary of these consultations be placed on the public 
record of the proceeding?  
b. Will interested parties be able to present new information or arguments at these 
consultations or will only information and arguments previously submitted in 
writing be allowed?  
 
Reply  
 
a. Article  13.5 of Decree  10 stipulates that the Investigating Authority  publicly publishes the 
minutes of public hearing within 15  days after organizing the hearing.  
b. Article  13.3 of Decree  10 stipulates that at least seven  days before organizing the public 
hearing session, interested parties must regist er for participation in the session, which may 
include issues for consultation including written arguments.  
Article  13.4 of Decree  10 stipulates that within seven  days after organizing a public hearing 
session, interested parties must submit written inform ation presented at the session. The 
Investigating Authority will consider such information when written information is available.  
 G/ADP/Q1/VNM/4 • G/SCM/Q1/VNM/4 • G/SG/Q1/VNM/4  
 
- 4 - 
 
  Question 7  
 
Chapter 1 Article 15 in the Decree  states that a "list of underdeveloped and developing 
countries shall be determ ined by the investigating authority based on reliable data" . For 
the purpose of countervailing duty investigations, please explain how the investigating 
authority will determine that a country should be considered underdeveloped, developing, 
or developed?  
 
Reply  
 
The list of the least developed and developing countries is promulgated based on the assessment of 
related information, including reliable data sources (e.g., from the UN, IMF, WB) and the consultation 
with relevant agencies. See the list of developing countries in the latest safeguard case at WTO 
notification from Viet  Nam: G/SG/N/11/VNM/7 . 
 
Question 8  
 
Chapter 2 Article 23 in the Decree  indicates that material injury will be determined on the 
basis of the effects of price depression or suppression of importe d products under 
investigation on selling prices of like products domestically produced. Will the 
investigating authority determine that the effect of subject imports is to depress or 
suppress the price of a like product to a significant degree? In conside ring the price effects 
of subject imports, will the investigating authority also consider whether there has been 
significant price undercutting by subject imports?  
 
Reply  
 
In practice, the Investigating Authority examines the effect of depression or suppr ession of products 
under investigation on the price of like products domestically produced and price undercutting by 
investigated products as well. Those factors (price undercutting, price depression and price 
suppression) and other related factors shall b e examined in a comprehensive and objective manners.  
 
Question 9  
 
Chapter 2 Article 24 in the Decree  indicates that the threat of material injury to a domestic 
industry shall be determined based on multiple factors and specific evidence. Does 
"specific evidence" mean that the determination of the threat of material injury to a 
domestic industry will be b ased on facts and not merely on allegation, conjecture or 
remote possibility?  
 
Reply  
 
In accordance with WTO agreements, determination of threat of serious injury to domestic industry 
shall be based on facts, and not merely on allegation, conjectures or re mote possibility.  
 
Question 10  
 
Regarding Chapter 2 Article 42 in the Decree , which discusses cancellation of an 
undertaking, in what circumstances would the investigating authority terminate an 
undertaking if there is no violation prescribed?  
 
Reply  
 
The Investigating Authority may cancel the decision of accepting an undertaking, in accordance with 
the international treaties to which Viet  Nam is a party, including Article  8 of Anti -dumping Agreement 
and Article  18 of Subsidies and Countervailing measures A greement.  
 
Question 11  
 
If Viet Nam self -initiates an investigation, will the investigating authority provide a non -
confidential version of the dossier to interested parties?  
 G/ADP/Q1/VNM/4 • G/SCM/Q1/VNM/4 • G/SG/Q1/VNM/4  
 
- 5 - 
 
  Reply  
 
Yes, interested parties have the right to access non -confidential version  of the dossier prepared by 
the Investigating Authority in accordance with the WTO Agreements.  
 
Question 12  
 
Chapter 3 Article 49 states that the investigating authority must appraise the dossier and 
send it to the Minister of Industry and Trade for a determination within 45 days after 
issuing a notice of receipt of a complete and valid dossier.  
 
a. Please explain how that authority will go about the process of "appraising" the 
dossier, including whether it will conduct its own investigation and will gathe r 
additional information.  
b. Please explain whether the investigating authority will rely only on information in 
the dossier.  
c. Please explain whether the investigating authority will establish procedures 
regarding the investigation that will provide reasonab le public notice to all 
interested parties of the investigation, and provide for public hearings or other 
appropriate means in which importers, exporters, and other interested parties can 
present evidence and their views, including the opportunity to respo nd to the 
presentations of other parties and address whether the application of a safeguard 
measure would be in the public interest.  
 
Reply  
 
a. In practice, during the evaluation period before deciding to initiate a safeguard investigation, 
the Investigating Authority shall appraise the dossier as required by the regulations, including 
self-gathered information, consultation with relevant authorities in Viet  Nam.  
b. Investigating Authority relies on information and assessment made by Investigating Authority 
and o ther relevant agencies and not merely on  information in the Dossier to consider whether 
to investigate.  
c. During the investigation process, the interested parties are guaranteed the right to public 
hearing under Article  70.4 of the Law on Foreign Trade Manag ement.  
 
Question 13  
 
Please explain the role of the Minister of Industry and Trade in the decision -making 
process, including whether that role is consistent with procedural requirements that 
relate to the role of the competent authorities who conduct the investigation within the 
meaning of Article 3.1 of the Agreement on Safeguards.  
 
Reply  
 
According to the Law on Foreign Trade Management and the Decree  98/2017/NĐ -CP dated on 
18 August  2017, The Ministry of Industry and Trade is the authority assigned the function of state 
management in the field of trade remedies.  
 
Question 14  
 
Please explain whether the Minister of Industry and Trade or the investigating authority 
prepares and publishes the report required by Article 3.1 of the Agreement on Safeguards 
– that is, the report that sets forth the findings and reasoned conclusions on all pertinent 
issues of fact and law.  
 
Reply  
 
The Ministry of Industry and Trade is vested with the authority to prepare and publish the report as 
required by Article  3.1 of the Ag reement on Safeguards.  
 G/ADP/Q1/VNM/4 • G/SCM/Q1/VNM/4 • G/SG/Q1/VNM/4  
 
- 6 - 
 
  Question 15  
 
Regarding Chapter 4 Article 66 in the Decree , please clarify the process for a new exporter 
to apply for a review.  
 
Reply  
 
Procedures for requesting the review of new exporters are stipulated in Article  82.3 and Article  90.3 
of the Law on Foreign Trade Management and Article  55 (Dossiers of request for review of the 
application of trade remedies), Article  56 (Appraisal of dossiers for review) and Article  57 
(Questionnaires for review) of Decree  10. 
 
Question 16  
 
With regard to Chapter 5 Article 76 in the Decree , please clarify how "large proportion" is 
determined in an anti -circumvention proceeding.  
 
Reply  
 
The Investigation Authority will consider this proportion on a case -by-case basis.  
 
Question 17  
 
Chapter 5 A rticle 81 of the Decree  states that the Ministry of Industry and Trade shall 
consider and decide whether to initiate an anti -circumvention investigation within 45 days 
of receiving a complete and valid request.  
 
a. Please provide a timeline of expected event s (for example, preliminary 
determination, hearings, final determination) in an anti -circumvention 
investigation.  
b. Please explain how interested parties and the public are made aware of these events 
and how they can obtain relevant non -confidential notices.   
 
Reply  
 
a. Procedures for investigation of anti -circumvention of trade remedies are provided for in 
Article  81, Article  82 and Article  83 of Decree  10, as well as some contents on consultations 
(Article  70.4 of the Law on Foreign Trade Management, Article  13 of Decree  10) and rights 
and obligations of interested parties (Article  9 of Decree  10). 
b. Notices to be publicly announced will be published on the websites of the Trade Remedies 
Authority of Viet  Nam and the Ministry of Industry and Trade. In addition, interested parties 
are also informed through direct mails and/or email.  
In addition, the rights and obligations of interested parties to access information are similar 
to those in trade remedies cases.  
 
Question 18  
 
Where will the Ministry of Industry and Trade publish the final determination of 
antidumping, countervailing duty, and safeguard investigations?  
 
Reply  
 
Currently, for the final determinations of trade remedies investigations, the Ministry of Industry and 
Trade makes public on the websites of th e Trade Remedies Authority of Viet  Nam at : 
http://www.trav.gov.vn ; and the Ministry of Industry and Trade at : http://www.moit.gov.vn . 
In addition, information on cases is notifie d to the WTO Trade Remedies Committees according to 
the obligations under the relevant Agreements.  
 
Question 19  
 
In the event an antidumping, countervailing duty, or safeguard investigation results in 
the imposition of a measure, please explain the effective date of an order to collect duties G/ADP/Q1/VNM/4 • G/SCM/Q1/VNM/4 • G/SG/Q1/VNM/4  
 
- 7 - 
 
  (e.g., the publication of a final determination from the Ministry of Indust ry and Trade, or 
another event or publication announcing the start of collection of duties).  
 
Reply  
 
The effective date of the measure will be stated in a decision on application of trade remedies by 
the Ministry of Industry and Trade.  
 
Question 20  
 
Regar ding the opportunities for parties to appeal trade remedy decisions:  
 
a. Please identify the appropriate court of review for appeals of antidumping, 
countervailing duty, or safeguard decisions.  
b. Please explain whether all aspects of an investigation are subje ct to appeal or only 
certain decisions, such as, for example, the decision to impose provisional or final 
duties or the calculation methodologies used to determine dumping margins.  
 
Reply  
 
a. The court which has the power to settle complaints related to anti-dumping, countervailing 
and safeguard decisions of the Minister of Industry and Trade is regulated in Article  7.2 of the 
2011 Law on Complaints and Article  32 of the 2015 Law on Administrative Procedures 
93/2015/QH13.  
b. The scope of complaint is regulat ed under Article  2.1 of the 2011 Law on Complaint 
02/2011/QH13.  
 
__________