G/ADP/N/1/VNM/2  
G/SCM/N/1/VNM/1  
G/SG/N/1/VNM/2  
 
30 October 2018  
(18-6812) Page: 1/74 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATIO N OF LAWS AND REGULA TIONS UNDER ARTICLE 18.5 , 32.6 AND 12.6  
OF THE AGREEMENT ON IMPLEMENTATION OF AR TICLE VI OF THE  
GENERAL AGREEMENT ON  TARIFFS AND TRADE 1 994 
VIET NAM 
The following communication, dated 31 August 2018, is being circulated at the request of the 
delegation of Viet Nam.  
 
_______________  
 
 
Pursuant to Article 18.5 of the WTO Anti -Dumping Agreement, Article 32.6 of the WTO Agreement 
on Subsidies and Counterva iling Measures and Article 12.6 of the WTO Agreement on Safeguards, 
Viet Nam hereby notifies the Committee on Anti -Dumping Practices, the Committee on Subsidies 
and Countervailing Duties and the Committee on Safeguards of legislative changes enacted throug h 
the Law No. 05/2017/QH14 on Foreign Trade Management dated 12 June 2017,  Decree 
No. 10/2018/ND -CP detailing a number of articles of the Law on Foreign Trade Management 
regarding trade remedies dated 15 January 2018, and Circular No. 06/2018/TT -BCT detail ing some 
contents regarding trade remedies dated 20 April 2018 (as attached below). These legislations repeal 
the following:  
 
a. Ordinance No. 42/2002/PL -UBTVQH10 on Safeguards in the Import of Foreign Goods into 
Viet Nam;  
b. Ordinance No. 20/2004/PL -UBTVQH11 o n Anti -dumping of Imports into Viet Nam;  
c. Ordinance No. 22/2004/PL -UBTVQH11 on Measures against Subsidised Imports into 
Viet Nam.  
d. Decree No. 150/2003/ND -CP dated 8 December 2003 detailing the Ordinance on 
Safeguards in the Import of Foreign Goods into Viet  Nam;  
e. Decree No. 89/2005/ND -CP dated 11 July 2005 detailing a number of articles of the 
Ordinance on Countervailing Measures for Goods Imported into Viet Nam;  
f. Decree No. 90/2005/ND -CP dated 11 July 2005 detailing a number of articles of the 
Ordinance on An ti-dumping for Goods Imported into Viet Nam;  
g. Decree No. 04/2006/ND -CP dated 9 January 2006 on the establishment, functions, duties, 
powers and organisational structure of the Council for handling of anti -dumping, 
countervailing and safeguard cases.  
  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  THE MINISTRY OF  
INDUSTRY AND TRADE  SOCIALIST REPUBLIC OF VIET NAM  
Independence – Freedom – Happiness  
 
No. 06/2018/TT -BCT  
Hanoi, 20 April 2018  
  
 
CIRCULAR  
Detailing some co ntents regarding trade remedies  
 
 
 
Pursuant to the Law on Foreign Trade Management dated 12 June 2017;  
Pursuant to Decree No. 10/2018/ND -CP dated 15 January 2018 of the Government detailing a 
number of articles of the Law on Foreign Trade Management regarding trade remedies;  
At the proposa l of the Director General of the Trade Remedies Authority of Viet Nam;  
The Minister of Industry and Trade promulgates the Circular detailing some contents regarding trade 
remedies.  
 
Chapter I  
 
GENERAL PROVISIONS  
 
Article 1. Scope of regulation  
 
This Circular provides detailed regulations on interested parties in an investigation case; provision 
and collection of information and documents, and information confidentiality; languages used in 
investigation; management of imports subject to trade remedy in vestigations;  exemption from trade 
remedies.  
 
Article 2. Subjects of application  
 
1. Regulatory bodies competent to investigate, apply and handle trade remedies.  
 
2. Vietnamese traders, foreign traders, other domestic and foreign agencies, organisations an d 
individuals relevant to the investigation, application and handling of trade remedies.  
 
Article 3. Interpretation of terms  
 
For the purpose of this Circular, the terms below are construed as follows:  
 
1. "Special products " refers to the products which have physical and chemical properties similar to 
but some characteristics, appearance or quality different from the like or directly competitive 
products manufactured by the domestic industry.  
 
2. "Non-confidential summary " refers to the summary of information upon the treatment of 
information as confidential by the investigating authority and which provides sufficient detail for the 
receiving parties to gain reasonable understanding of information submitted in confidence.  
 
Article 4. Language used in trade remedy investigations  
 
1. The statutory language used during the investigation for application of trade remedies is 
Vietnamese. Interested parties are entitled to speak and write in their mother tongues with the 
presence of accompanied interpreters/translators.  
 
2. Information and documents in other languages provided by interested parties must be translated 
into Vietnamese. Interested parties must ensure the truthfulness and accuracy and assume liability 
for the contents of  such translations.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Article  5. Registration as interested parties in a trade remedy investigation  
 
1. After the Minister of Industry and Trade has issued a decision to conduct a trade remedy 
investigation or review the application of trade remedies, organi sations and individuals prescribed 
in Clause 1 Article 74 of the Law on Foreign Trade Management may register to participate in a trade 
remedy investigation as interested parties.  
 
2. The investigating authority shall consider determining the time limit for registration as interested 
parties in each trade remedy investigation provided that it shall not be fewer than 20 working days 
from the effective date of the Decision on the initi ation of an investigation or review of the  application 
of trade remedies.  
 
3. Organisations and individuals shall prepare applications using the application form for registration 
as interested parties provided in Annex 01 herein and send them to the invest igating authority within 
the time limit specified in the Decision on the initiation of an investigation or review of the application 
of trade remedies.  
 
4. Upon the receipt of applications for registration as interested parties, the investigating authority  
shall consider whether a party is accepted as an interested party or not within a period of 07 working 
days. If an application for registration as an interested party is refused, the investigating authority 
is required to explain such refusal in writing t o the applicant.  
 
5. If an organisation or individual fails to register as an interested party within the time limit specified 
in Clause 2 of this Article, the investigating authority may refuse to accept that organisation or 
individual as an interested p arty of the case, except for cases prescribed in point a and point dd 
Clause 1 Article 74 of the Law on Foreign Trade Management and the Government and competent 
authorities of the exporting country of product subject to the countervailing duty investigati on as 
prescribed in Point d Clause 1 Article 74 of the Law on Foreign Trade Management.  
 
6. Organisations and individuals that are accepted as interested parties shall have rights and 
obligations as defined in Article 9 and Article 10 of Decree No. 10/ 2018/ND-CP dated 
15 January  2018 of the Government detailing a number of articles on the Law on Foreign Trade 
Management regarding trade remedies.  
 
Article 6. Import declaration  
 
The import declaration included in the dossier for import of goods must be prepar ed using the form 
provided in Annex 02 herein.  
 
Chapter II  
 
REGULATIONS ON PROVISION OF INFORMATION AND DOCUMENTS, AND 
CONFIDENTIALITY OF INFORMATION IN TRADE REMEDY INVESTIGATIONS  
 
Article 7. Non -confidential information in a trade remedy investigation  
 
Non-confidential summaries of the following information and documents are published in a trade 
remedy investigation:  
 
1. The petition for investigation and application of trade remedies submitted by the requesting party 
and its accompanied annexes;  
 
2. Do cuments provided by interested parties when registering for participation in the investigation 
case;  
 
3. Completed questionnaires and additional questionnaires provided by interested parties during the 
investigation;  
 
4. Other documents provided for the in vestigating authority by interested parties during the 
investigation, consisting of: documents serving the consultations; written opinions about the petition 
for investigation and application of trade remedies provided by interested parties;  
 G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  5. The recor d or summary of the consultation about the investigation case;  
 
6. Notices issued by the investigating authority and the Ministry of Industry and Trade, including 
notices on the receipt of the petition for investigation and application of trade remedies, d isclosures 
of preliminary and final determinations, notices of acceptance or non -acceptance of applications for 
registration as interested parties and questionnaires, on -site investigations, public consultations and 
limitation of the scope of investigation  by sampling;  
 
7. Documents about contents of a trade remedy investigation which is used as the basis for final 
determinations of the investigating authority;  
 
8. Other information verified and published by the investigating authority during the investig ation.  
 
Article  8. Request for protection of confidential information concerning a trade remedy 
investigation  
 
1. The investigating authority shall consider accepting the request for protection of confidential 
information provided by interested parties of a trade remedy investigation, including:  
a) Business secrets related to the characteristics of some products or production process;  
b) Information concerning the enterprise 's production and business, including production 
costs, selling expenses, terms of s ales other than the non -confidential ones, selling price of 
each transaction, estimated transaction or other offers for sale, information concerning clients, 
distributors or suppliers, and the enterprise 's financial information;  
c) Information concerning an accurate dumping margin of a specific transaction in an 
anti-dumping investigation;  
d) Information concerning interests received by the requesting party under a subsidy program 
to be investigated or reviewed in a trade remedy investigation, except for the program 
specification, amounts specified in documents or announced publicly, and the subsidy rate for 
each sales transaction which is calculated and allocable to the requesting party under a subsidy 
program;  
dd) Other informa tion which is found by the investigating authority to threaten to affect or 
cause material injury to the competitive advantage of the information provider if published.  
2. In the case of refusal, the investigating authority shall explain the reasons for r efusal in writing 
to the requesting party within 07 working days from the receipt of such request for protection of 
confidential information.  
 
Chapter III  
 
EXEMPTION FROM TRADE REMEDIES  
 
Section 1  
 
SCOPE, SUBJECTS, CR ITERIA AND CONSIDERATION PERIOD  
OF EXEM PTION FROM TRADE REMEDIES  
 
Article 9. Scope and period of exemption from trade remedies  
 
1. The Minister of Industry and Trade shall consider granting exemptions from provisional and/or 
official trade remedies on certain imports subject to trade remedies in the following circumstances:  
 
a) The imports have characteristics which are different from and not substitutable by the like 
or directly competitive products manufactured by the domestic industry;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  b) The imports are special goods of the like or directly  competitive products manufactured by 
the domestic industry;  
c) There are no sales of the like or directly competitive products manufactured by the domestic 
industry in the ordinary course of trade in the domestic market;  
d) The volume of the like or directly competitive products manufactured by the domestic 
industry is not enough to satisfy the demand of the domestic market.  
2. The period of exemption from trade remedies shall be determined as follows:  
a) Regarding the requests for exemption from trad e remedies received by the investigating 
authority as prescribed in Clause 1 Article 13 herein, the exemption period shall last from the 
effective date of the decision on application of provisional or official trade remedies or the 
decision on the outcome of a review of trade remedies to 31 December of the year in which 
the exemption decision is made.  
b) Regarding the requests for exemption from trade remedies received by the investigating 
authority as prescribed in Clause 2 Article 13 herein, the exemption  period shall last for 
01 year from 01 January to 31 December of the following year.  
c) Regarding the requests for additional exemption received by the investigating authority as 
prescribed in Clause 4 Article 13 herein, the exemption period shall last fro m the date of 
receipt of the valid and sufficient exemption request to 31 December of the year in which the 
exemption decision is made.  
Article 10. Entities  requesting exemption from trade remedies  
 
The following entities may submit requests for exemption from trade remedies:  
 
1. Importers of products subject to trade remedy investigations;  
2. Users of products subject to trade remedy investigations;  
3. Other organisations and individuals as decided by the Minister of Industry and Trade.  
 
Article 11. Criteria  and form of granting exemption from trade remedies  
 
1. The Minister of Industry and Trade shall consider and decide to grant exemption from trade 
remedies on products in the circumstances prescribed in Clause 1 Article 9 herein on the basis of 
evaluation reports submitted by the investigating authority.  
 
2. The investigating authority shall consider and evaluate every request for product exemption from 
trade remedies according to the following criteria:  
 
a) The trade name, physical properties and  chemical properties of the product for which 
exemption is requested so as to distinguish it and the product subject to the trade remedies;  
b) Technical standards of the product for which exemption is requested;  
c) The quality of the product for which exe mption is requested;  
d) The purposes of the product for which exemption is requested;  
dd) The domestic industry capacity to produce the products that are like or directly competitive 
with the product for which exemption is requested;  
e) The availability of  the like or directly competitive products manufactured by the domestic 
industry to substitute the product for which exemption is requested;  
g) Other criteria as decided by the Minister of Industry and Trade.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  3. Organisations and individuals are exempted f rom trade remedies according to the volume and 
quantity of their imports.  
 
Section 2  
 
REQUESTING, INSPECTING AND REVOKING EXEMPTIONS FROM TRADE REMEDIES  
 
Article 12. Request for exemption from trade remedies  
 
1. The initial request for exemption from trade  remedies (hereinafter referred to as the "exemption 
request ") includes:  
 
a) The written request for exemption from trade remedies made according to the form 
provided in Annex 03 herein;  
b) The copy of the enterprise 's certificate of business registration  or investment registration;  
c) The document stating specifications of the imported product for which exemption is 
requested, consisting of: scientific name, trade name, common name; basic physical and 
chemical properties; main purposes; production process ; applicable international and 
domestic standards and/or regulations; HS code and import duties applied in each period;  
d) The document stating information about the volume, quantity and value of imported 
product for which exemption is requested (normally,  for the past three years and in the current 
year);  
dd) The written production process of the product of which input materials are the products 
for which exemption is requested (if any);  
e) The demand for consumption or use of the imported product for whic h exemption is 
requested (normally, for the past three years and in the current year);  
g) The consumption standard of raw materials which are the products for which exemption is 
requested;  
h) Documents or samples proving the distinctions between the produc t for which exemption 
is requested and the imported product subject to a trade remedy.  
2. If an organisation or individual submits the additional request for exemption to the investigating 
authority as prescribed in Clause 4 Article 13 herein, the additio nal request for exemption includes:  
 
a) The written request for (additional) exemption from trade remedies made according to the 
form provided in the Annex 03 herein;  
b) The document stating information about the volume, quantity and value of the imported 
product for which additional exemption is requested;  
c) Evidences and documents proving that the additional request for exemption is compliant 
with legal provisions o n exemption from trade remedies;  
d) Other documents and materials supporting the additional request for exemption.  
3. Based on the initial or additional request for exemption, the investigating authority shall consider, 
verify and request the Minister of Industry and Trade to make the decision on the granting of initial 
or additional exemption from trade remedies.  
 
Article 13. Notice of acceptance of exemption requests  
 
1. The investigating authority shall officially notify the receipt of exemption requests after the 
Minister of Industry and Trade makes the decision on application of provisional or official trade 
remedies, or the decision on the outcome of review of trade remedies.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  2. With respect to safeguard measures, the investigating authority sh all annually give the official 
notice of receipt of exemption requests in October. The investigating authority must send the notice 
of any changes in the safeguard measures to the requesters for exemption in a timely manner so 
that they can formulate their  own suitable business plans.  
 
3. Within 30 days from the date on which the investigating authority notifies the receipt of exemption 
requests, the organisations and individuals must submit exemption re quests as prescribed in 
Article  12 herein to the inves tigating authority, excluding the case specified in Article 4 of this Article.  
 
4. An organisation or individual that wishes to request exemption of a particular product in addition 
to the products specified in the decision on granting exemption of produc ts from trade remedies 
within the exemption period must submit the additional request for exemption to the investigating 
authority.  
 
5. Within 15 working days from the receipt of the request for further information or documents from 
the investigating auth ority, the parties requesting for exemption is liable to provide sufficient and 
accurate documents as requested.  
 
Article 14. Contents of a decision on granting of exemption from trade reme dies 
 
1. Name of the organisation or individual that is exempted fr om trade remedies;  
 
2. Specifications of the imported products which are exempted from trade remedies;  
 
3. The volume and quantity of the imported products which are exempted from trade remedies;  
 
4. Exemption period, terms and obligations of the organis ation or individual that is exempted from 
trade remedies.  
 
Article 15. Refund of trade remedy duties  
 
1. In the case where the imported product is exempted from trade remedies, the trade remedy 
duties charged on the shipments for which customs declarations have been submitted within the 
exemption period will be refunded.  
 
2. Procedures for claiming refund s of trade remedy duties prescribed in Clause 1 of this Article shall 
be carried out in accordance with applicable legal provisions.  
 
Article  16. Periodical reports  
 
Every 06 months within the exemption period, the organisation or individual that is exempted from 
trade remedies is required to submit reports on the import of products exempted from trade 
remedies and its compliance with terms and obligations of exemption to the investigating authority, 
using the form prescribed in Annex 04 herein.  
 
Article 17. Post -exemption inspection  
 
1. The post -exemption inspection shall be conducted by adopting risk management method as 
regulated by law to determine the subjects, scope and contents of inspection of approved exemption 
requests.  
 
2. The post -exemptio n inspection is aimed to appraise the compliance by the holders of approved 
exemption requests with terms and legal provisions on exemption from trade remedies.  
 
3. Contents of a post -exemption inspection include:  
 
a) Examination and verification of the l egal status of the organisation or individual granted 
exemption;  
b) Examination and verification the accuracy of the product exempted from trade remedies 
according to the exemption request submitted to the investigating authority;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  c) Examination of the a dequacy, legality and validity of customs declarations, accounting 
records, financial statements, documentation and data relating the imported product 
exempted from trade remedies;  
d) Examination of the compliance with terms and obligations of the party requesting for 
exemption as specified in the exemption decision.  
Article 18. Conducting post -exemption inspection  
 
1. At the request of the investigating authority, Minister of Industry and Trade shall decide on 
inspection and establishment of inspection t eam. The head of the inspection team must be an official 
of the investigating authority. The inspection team shall conduct the inspection according to the 
scope, time limit and contents specified in the decision on establishment of the inspection team.  
 
2. The investigating authority shall send written notices of the decision and plan on post -exemption 
inspection to organisations and individuals exempted from trade remedies at least 05 working days 
before the inspection date.  
 
3. While conducting an inspe ction, the investigating authority is entitled to verify by requesting 
organisations and/or individuals that are related or are able to assist in clarifying issues, 
unreasonable contents or signs of violating the law. Such verification includes:  
 
a) Subjec ts of verification being regulatory bodies, relevant organisations and individuals.  
b) Forms of verification including sending written requests; or appointing officials to directly 
communicate the subjects of verification according to the letter of introdu ction of the 
investigating authority.  
c) Verification results shall be fully recorded; this record shall be used as the basis for 
examining the case.  
4. The inspected organisation or individual shall appoint its/his/her representative and relevant 
officer s to provide documents and papers as requested and directly work with the inspection team.  
 
Article 19. Post -exemption inspection results  
 
1. The inspection team shall make the inspection report immediately after completing the inspection, 
report inspectio n results to the inspecting agency and notify them to the inspected organisation or 
individual.  
 
2. Depending on the degree of violation specified in the inspection report, the inspection team shall 
suggest the inspecting agency to handle or revoke the ex emption decision or transfer the case to 
competent authorities for consideration in accordance with legal provisions.  
 
3. If inspection findings are made as prescribed in Clause 2 of this Article, the head of the inspection 
team shall send the inspection findings draft to the inspected organisation or individual. Within 05 
working days from the receipt of the draft inspection findings, the inspected organisation or 
individual shall provide a written response (accompanied by written explanation and document ary 
evidences) if dissenting from such inspection findings.  
 
4. If the time limit specified in Clause 3 of this Article lapsed, if the inspected organisation or 
individual provides no response, it is considered to have assented to the inspection findings.  
 
5. After the period for response, the inspection team shall:  
 
a) Consider the explanation sent by the inspected organisation or individual or work with 
its/his/her representative if there are matters of disagreement or requiring clarification.  
b) In cases where professional or technical advices are required or where the inspection team 
does not have reasonable grounds for making inspection findings, the inspection findings shall 
be issued after obtaining advices from specialised agencies or units.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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Article 20. Revocation of exemption decision  
 
1. The Minister of Industry and Trade shall revoke exemption decisions in the following cases:  
 
a) The imported product exempted from trade remedies is used for the wrong purpose;  
b) Fraudulent request for exempt ion from trade remedies is submitted;  
c) Provisions, terms and obligations specified in the exemption decision are not properly 
complied with or fulfilled;  
d) The eligibility requirements for exemption are not satisfied.  
2. The organisation or individual  has the exemption decision revoked must pay duties on imports as 
regulated by law.  
 
Chapter IV  
 
IMPLEMENTATION PROVISIONS  
 
Article 21. Responsibility  of investigating authority  
 
1. Before issuing any decision on application of official anti -dumping or countervailing measures, the 
investigating authority must notify and get opinions about the draft investigation determinations to 
the requesting party and the requested party.  
 
2. The investigating authority shall:  
 
a) Send exemption decisions to parties requesting for exemption;  
b) Send decisions on revocation of exemption decision to organisations or individuals granted 
exemption from trade remedies;  
c) Send written exemption decisions and decisions on revocation o f exemption decision to the 
Ministry of Finance and the General Department of Customs;  
d) Publish exemption decisions and decisions on revocation of exemption decision on its 
website and the website of the Ministry of Industry and Trade.  
Article 22. Entry into force  
 
1. This Circular comes into force from 15 June 2018.  
 
2. Difficulties that arise during the implementation of this Circular should be reported to the 
investigating authority and the Ministry of Industry and Trade for consideration and resolutio n./. 
 
 MINISTER  
 
Tran Tuan Anh  
 
 G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Annex 01: Request for registration as a related party in a trade remedy case  
(Issued with Circular No. 06/2018/TT -BCT dated 20 April 2018 of the Minister of Industry and 
Trade detailing some contents regarding trade remedies)  
------------------------------  
MINISTRY OF INDUSTRY AND 
TRADE  
--------------  
 SOCIALIST REPUBLIC OF VIET NAM  
Independence – Freedom - Happiness  
---------------------  
Hanoi, ………………………  
 
REQUEST FOR REGISTRATION  
AS A RELATED PARTY IN TRADE REMEDY INVESTIGATION  
Case name:  ................................ ................................ .............................   
Case code:  ................................ ................................ ..............................   
Respectfully to:  The Director General of the Trade Remedies Authority of Viet Nam – 
Ministry of Industry and Trade  
My name is: ……………………………………………………………………………………………………………………………………………  
Title:… ………………………………………………………………………………………………………………………………………………………  
Enterprise,  unit: ……………………………………………………………………………………………………………………………………..  
Subject:1 …………………………………………………………………………………………………………………………………………………  
Address: ………………………………………………………………………………………………………………………………………… ……….  
Phone number: ………………………………………………………………………………………………………………………………………  
Fax: …………………………………………………………………………………………………………………………………………………………  
Email: ……………………………………………………………………………………………………………………………………………………..  
registering to participate as a related party of the abovementioned trade remedy investigation, would 
like to request the Investigation authority to consider approving such registration.  
I do not have a legal representative  
or 
 
My legal representative is 
 ................................ ................................ ................................ ................................ ..  
Address:2 
 ................................ ................................ ................................ ................................ ..  
 
 Submitter  
(sign, seal and indicate full name)  
 
 
                                                
1 Please specify in accordance with clause 1 Article 74 of the Law on Foreign Trade Management (for 
example: Requesting party, Requested party, Importer, Foreign exporter, etc.)  
2 For registration cases that engage law firms.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Annex 02: Import declaration  
(Issued with Circular No. 06/2018/TT -BCT dated 20 April 2018 of the Minister of Industry and 
Trade detailing some contents regarding trade remedies)  
------------------------------  
TRADER NAME  
---------------  
No: 
Regarding import declaration for [1] SOCIALIST REPUBLIC OF VIET NAM  
Independence – Freedom - Happiness  
---------------------  
…………, ………………………  
 
IMPORT DECLARATION  
Respectfully to: Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade  
 
- Name of manufacturing or importing organisation, individual of the product under investigation:  
 ................................ ................................ ................................ ................................ ..........   
- Address: ..........................................................................................................................  
- Phone number: ..............................  Fax: ............ .................  Email: ...................................  
- ERC/BRC/IC:2 ...................................................................................................................  
- Name of the legal representative: ........................... ...........  Position: ................... ................  
- Form of operation :................................................................................................ ........  
 
Requests t he Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade to 
confirm the import declaration of the product(s) under investigation pursuant to Decision 
No. ………/QD -BCT dated …………………… of the Minister of Industry and Trade on the initiation of 
investigation on ……………… and Decree No. 10/2018/ND -CP dated 15 January 2018 detailing a 
number of articles of the Law on Foreign Trade Management on trade remedies, specifically regarding 
the following batch(es):  
 
No. Product 
name  HS Code 
(8 digits)  Trade 
name  Exporting 
country  Country 
of origin  Import 
purpose(s)  Quantity, 
weight 
(Unit)  Value 
(USD)  
1 … …     … … 
2 … …     … … 
… … …     … … 
 
- Import contract No. ……………... dated …………………  
- Commercial invoice No. ……………… dated ………………  
- Quality certificate (or equivalent document(s) issued by the manufacturer): …………………………………  
- Total volume/weight: ………………………………………………………………………………………………………………………….  
- Total value (USD): ………………………………………………………………………………………………………………………………  
(Convert into USD if pa yment is in other foreign currency)  
- Import port: …………………………………………………………………………………………………………………………………………  
(Indicate if importing from a non -tariff area)  
                                                
1 Product under investigation as described in the Decision to initiate investigation of the Minis try of 
Industry and Trade.  
2 Enterprise Registration Certificate/Business Registration Certificate/Investment Certificate  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  - Proposed date of import procedures: …………………………………………………………………………………………………  
(Indicate from ……………… to ………… ……) 
I commit that all of  the above -declared information is true and sufficient and understand that 
these imports may be subject to trade remedies applied retrospectively pursuant to Article 45 of 
Decree No. 10/2018/ND -CP dated 15 January 2018 detailing a number of articles of the  Law on 
Foreign Trade Management on trade remedies./.  
 
 ……….., …………………….  
HEAD OF THE DECLARING PARTY  
(Sign, indicate full name, title and seal)  
 G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Annex 03: Request for exemption from trade remedies
(Issued with Circular No. 06/2018/TT -BCT dated 20 April 2018 of the Minister of Industry and 
Trade detailing some contents regarding trade remedies)  
------------------------------  
MINISTRY OF INDUSTRY AND 
TRADE  
--------------  
 SOCIALIST REPUBLIC OF VIET NAM  
Independence – Freedom - Happiness  
---------------------  
Hanoi, ………………………  
 
REQUEST  
FOR EXEMPTION  FROM TRADE REMEDIES  
  Case: (Anti -dumping, Anti -subsidy, Safeguard)  
  Case code:  
  Request:1 (first request, supplement)  
I. INFORMATION ON ORGANISATION, INDIVIDUAL REQUESTING EXEMPTION  
1. ENTERPRISE NAME: ………………………………………………………………………………………………………………………….  
ERC/BRC/IC2 information: …………………………………………………………………………………………………………………….  
Abbreviated name (if any): ……………………………………………………………………………………………………………………  
Address: ……………………………………………………………………………………………… …………………………………………………  
Phone number: …………………………… Email: …………………………………………………………………………………………….  
Contact person: ……………………………Mobile phone: ……………………………………………………………………………….  
2. LEGAL REPRESENTATIVE (IF ANY)  
 ................................ ................................ ................................ ................................ ..........   
3. FIELD OF PRODUCTION, BUSINESS  
Form of operation of the enterprise: (manufacturing, commercial trading, importing, using the 
product(s) in question to manufacture other product(s), etc.)  
II. INFORMATION ON IMPORTED GOODS UNDER THE EXEMPTION REQUEST  
1. NAME AND FULL DESCRIPTION OF THE PRODUCT UNDER THE EXEMPTION  REQUEST  
 ................................ ................................ ................................ ................................ ..........   
2. PROVIDE DETAILED INFORMATION ON THE PRODUCT UNDER THE EXEMPTION REQUEST 
ACCORDING TO THE FOLLOWING TABLE  
(Please provide available documents with clarifying descriptions)  
                                                
1 For supplementing request, information in Section II.2 needs not be provided.  
2 Enterprise Registration Certificate/Business Registr ation Certificate/Investment Certificate  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  2.1. First product under the exemption request:  
HS Code classification:  
Property  Product under the 
exemption request  Like product, directly 
competitive product 
manufactured domestically 
(or specify if there is no 
domestic manufacturing)  Quantify distinctions 
between the product 
under the exemption 
request and like or 
directly  competitive 
product  
Physical properties     
Chemical 
components     
Size    
Technical 
specifications     
Quality     
Usage     
Market segment     
End user     
Other     
 
2.2. Second, third, etc. product under the exemption request (please provide information 
similar to section 2.1)  
III. REASONS FOR THE EXEMPTION REQUEST  
Please detail the bases and reasons for the enterprise 's request to the Investigation authority 
for exemption from trade remedies for the imported products in question.  
IV. INFORMATION ON THE AMOUNT AND VALUE OF IMPORT  
Please provide information on the import amount and value for the product(s) under the 
exemption request in the recent 03 years according to the following form:  
Country of origin 
under investigati on, 
subject to measures: 
…………  Year 01  Year 02  Year 03  Current year  
Amount (unit)      
Value (unit)      
Unit price (unit)      
Please specify if the enterprise wants to keep the information, data provided under this section 
confidential.  
V. WEIGHT, AMOUNT  UNDER THE EXEMPTION REQUEST  
Please specify the weight, amount under the exemption request and the bases for such weight, 
amount.  
VI. MATERIALS, INFORMATION CLARIFYING PRODUCT DESCRIPTION ATTACHED WITH 
THE REQUEST  
a) Documents proving the distinctions (on physical/chemical properties, product surface, etc.) 
between goods under the exemption request and the like or directly competitive goods 
produced domestically;  
b) Documents on production capacity of goods using inputs which are the goods under the 
exempti on request;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  c) Documents on the import volume and import value of the goods under the exemption 
request in the last 3 years;  
d) Other documents (if any).  
VII. COMMITMENTS  
The undersigned (legal representative of the enterprise) commits that the abovementio ned 
information is adequate and accurate and understands that the information will be examined and 
verified by the Investigation Authority.  
I am willing to accept that the Investigation Authority may conduct on -site examination to 
verify the information pr ovided in this Request. If the Investigation Authority – Ministry of Industry 
and Trade discovers violations, the enterprise shall bear full responsibility before the law and be 
subject to retrospective collection of exempted import tax amounts pursuant to  provisions of the 
law./.  
  
  REPRESENTATIVE OF THE ENTERPRISE  
(sign, seal and indicate full name, title)  
  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Annex 04: Report on the import status of exempted goods  
(Issued with Circular No. 06/2018/TT -BCT da ted 20 April of the Minister of  
Industry and Trade detailing some contents on trade remedies)  
------------------------------  
TRADER NAME  
-------  SOCIALIST REPUBLIC OF VIET NAM  
Independence – Freedom - Happiness  
---------------  
 No.  …………, …………….  
  
REPORT ON THE IMPORT STATUS OF EXEMPTED GOODS  
Respectfully  to: Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade  
Pursuant to Circular No. 06/2018/TT -BCT dated 20 April 2018 of the Minister of Industry and 
Trade stipulating cases of exemption from trade remedies and Decision No. ----/QD-BCT dated ………. 
of the Ministry of Industry and Trade on exemption from trade remedies for importing enterprises, 
the enterprise reports about its imports as follows:  
1. Enterprise information:  
Enterprise name: ……………………………………………………………………………………………………………………………………  
Address: …………………………………………………………………………………………………………………………………………………  
Contact person:………………………………………………………………………………………………………………………………………  
Position: …………………….Email: ………………………….Tel: ………………………………………  
2. Reporting per iod: from ……………….. to ……………  
3. Import data  
Item 
name  HS code 
(8 digits)  Custom 
declaration 
number  Quantity 
/weight  Price 
(USD)  Cumulative  
import 
quantity to 
the reporting 
time Cumulative  
import values 
to the 
reporting 
time (USD)  Import 
port Country 
of orig in 
                  
                  
 
The undersigned person commits that all information provided in this Report on import status of 
exempted goods is adequate and accurate and understands that the Investigation authority may 
inspect pursuant to regulations./.  
  
  ………, …………  
REPRESENTATIVE OF THE ENTERPRISE  
(sign, seal, indicate full name)  
 
  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  THE NATIONAL ASSEMBLY  SOCIALIST REPUBLIC OF VIET NAM  
Independence – Freedom – Happiness  
 
No. 10/2018/ND -CP  
Hanoi, 15 January 2018  
 
 
DECREE  
Detailing a number of articles of the Law on Foreign Trade Management  
regarding trade remedies  
 
Pursuant to the Law on Organisation of the Government dated 19 June 2015;  
Pursuant to the Law on Foreign Trade Management dated 12 June 2017;  
At the proposal of the Minister of Industry and Trade;  
The Government promulgates the Decree detailing a number of articles of the Law on Foreign 
Trade Management regarding trade remedies.  
 
Chapter I  
GENERAL PROVISIONS  
 
Article 1. Scope of regulation  
This Decree details a number  of articles of the Law on Foreign Trade Management regarding the 
bases for initiation, order, procedures, time limit, contents, and bases for termination of trade 
remedy cases; methods of determining injury to a domestic industry; anti -circumvention of tr ade 
remedies; responsibility of related agencies to coordinate in the investigation process; exemption 
from trade remedies; and handling of trade remedies applied to Vietnamese exports.  
Article 2. Subjects of application  
1. State management agencies compet ent to investigate, apply and handle trade remedies.  
2. Vietnamese traders, foreign traders, and other domestic and foreign agencies, organisations and 
individuals involved in the investigation, application and handling of trade remedies.  
Article 3. Interp retation of terms  
In addition to the terms referred to in the Law on Foreign Trade Management, in this Decree, the 
terms below are construed as follows:  
1. Evidence means the facts used by the trade remedy investigating authority as a ground for 
settlement  of a trade remedy case.  
2. Applicant(s) means a lawful representative organisation, individual of the domestic industry that 
submits a dossier of application for trade remedy investigation or investigation of anti -circumvention 
of trade remedies.  
3. Respo ndent(s) means a foreign producer or exporter against whom a dossier of application for 
trade remedies is filed by the Applicant or investigation for anti -circumvention of trade remedies or 
against whom the investigating authority conducts investigation on  their own initiative under a 
decision of the Minister of Industry and Trade.  
4. Period of investigation means the period of time set by the investigating authority to collect 
information, evidence and data to serve the investigation.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  5. Investigation phas e means the period of time from the date of initiation under the decision of the 
Minister of Ministry of Industry and Trade to the date of conclusion of the investigation by the 
investigating authority.  
6. Consultation means the exchange and expression by interested parties of their opinions on a case 
with the investigating authority in accordance with the law.  
Article 4. Determination of  domestic industry  
1. The determination of a domestic industry shall comply with Clause 1, Article 69 of the Law on 
Foreign Trade Management.  
2. The volume or quantity of produced products accounting for at least 50% of the total volume or 
quantity of domestically produced like products or directly competitive products shall be regarded 
as making up a major proportion of the  total domestic production of those products as prescribed in 
Clause 1, Article 69 of the Law on Foreign Trade Management. The investigating authority may 
consider a lower proportion if having evidence that such percentage is high enough to be considered 
a major proportion.  
3. In anti -dumping and countervailing investigation cases, the producers in a certain geographical 
market in the territory of Viet Nam may be considered a domestic industry if the following conditions 
are fully met:  
a) The producers in such market sell all or almost all of their production of the product in that 
market;  
b) The demand in that market is not to any substantial degree supplied by producers of the 
like products located elsewhere in the territory  
In such circumstance, injury may be found to exist by the investigating authority even when 
the domestic producers of like products in other markets is not injured, provided it can 
ascertain that dumping or subsidisation acts occur only in such geographical market and cause 
injury to all or almost all producers within such market.  
 
Article 5. Determination of the relationship between producers of like products and 
exporters or importers of products under investigation for application of trade remedies  
1. Producers of like products shal l be deemed to be related to exporters or importers of products 
under investigation for application of trade remedies under Clause 1, Article 69 of the Law on Foreign 
Trade Management in the following cases:  
a) One of them directly or indirectly controls t he other;  
b) Both of them are directly or indirectly controlled by a third person;  
c) Together they directly or indirectly control a third person.  
2. Either party may be deemed to control another when the former has the right to direct the financial 
policies and operations of the latter.  
Article 6. Refund of trade remedy duties  
1. The refund of trade remedy duties must comply with Clauses 5 and 6, Article 68 of the Law on 
Foreign Trade Management.  
2. Trade remedy duty amounts refunded under Clause 1 o f this Article do not earn interest.  
3. Procedures for refund of trade remedy duties are the same as those for refund of overpaid import 
duty amounts prescribed in the law on tax administration.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Article 7. Exemption from trade remedies  
1. The Ministry of I ndustry and Trade may consider not applying a trade remedy through granting 
exemption for certain types of products on the principle that such exemption does not reduce the 
overall effectiveness of the trade remedy.  
2. An organisation or individual shall s ubmit a dossier of request for exemption from trade remedies 
(hereinafter referred to as request for exemption), made according to the form issued by the 
investigating authority, to the Ministry of Industry and Trade for consideration of the exemption.  
3. Within 7 working days after receiving a dossier of request for exemption, the investigating 
authority shall notify the submitter of the request for exemption of the completeness and validity of 
the request. If the request for exemption is incomplete and in valid, the investigating authority shall 
notify as such to the submitter for supplementation.  
4. Within 45 days after receiving a complete and valid dossier of request for exemption, the Ministry 
of Industry and Trade shall consider and decide on the exemp tion from trade remedies. If  refusing 
to grant the exemption, the investigating authority shall notify the reason to the dossier submitter.  
5. If the organisation or individual that has been granted exemption from a trade remedy fails to 
comply with regula tions on and conditions for exemption, the Ministry of Industry and Trade may 
revoke the decision on the exemption and notify as such to the customs agency for handling under 
regulations.  
6. The Minister of Industry and Trade shall guide in detail cases of  exemption from trade remedies.  
Article 8. Management of the import of products under investigation for application of 
trade remedies  
1. From the date of issuance of a decision on investigation for application of a trade remedy to the 
date the investigatio n finishes, the Ministry of Industry and Trade may apply the regime of import 
declaration to products under investigation in order to serve the investigation. Such declaration will 
not restrict the quantity, volume or value of imported products.  
2. A dossi er of import declaration must comprise:  
a) An import declaration made according to the form issued by the investigating authority;  
b) The commercial invoice: 01 copy (appended with the trader 's certified true -copy stamp);  
c) The quality certificate or anot her paper of equivalent validity, issued by the producer: 
01 copy (appended with the trader 's certified true -copy stamp).  
3. Within 02 working days after receiving an import declaration dossier, the investigating authority 
shall notify the dossier submitte r of the completeness and validity of the dossier. If the dossier is 
incomplete and invalid, the investigating authority shall notify as such to the dossier submitter for 
supplementation.  
4. Within 3 working days after receiving a complete and valid dossie r, the investigating authority 
shall send by post the written confirmation of the import declaration to the dossier submitter 's 
address stated in the import declaration.  
5. The customs agency shall coordinate with the Ministry of Industry and Trade in supervising the 
import declaration for products under investigation.  
Article 9. Rights and obligations of interested parties in trade remedy cases  
1. The Applicant and Respondent  have the following rights:  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  a) To have access to information provided by other  interested parties to the investigating 
authority, except confidential information specified in Article 11 of this Decree;  
b) To send their opinions on the draft of preliminary determinations,, final determinations, 
review or anti -circumvention investigat ion conclusions within 07 days from the date of 
issuance of those drafts by the investigating authority.  
c) To request the investigating authority to extend the time limit for information provision or 
for responding to questionnaires;  
d) To request the tr eatment of information confidentiality under Article 11 of this Decree;  
dd) To participate in public hearing, express their views and provide evidence and materials 
relating to trade remedy cases;  
e) To authorise others to participate on their behalf in th e process of settling trade remedy 
cases;  
g) To request the investigating authority to hold separate consultation meetings under 
Clause  1, Article 13 of this Decree;  
h) To lodge complaints about or initiate lawsuits against decisions of the Minister of Industry 
and Trade in accordance with the Vietnamese law on complaints and initiation of lawsuits.  
2. The Applicant and Respondent have the following obligations:  
a) To timely provide sufficient, truthful and accurate evidence, information and materials 
relating to their requests;  
b) To promptly provide sufficient, truthful and accurate evidence, information and materials 
at the request of the investigating authority;  
c) To comply with decisions of the Minister of Industry and Trade.  
3. Interested party def ined in Article 74 of the Law on Foreign Trade Management, which is neither 
the Applicant nor the Respondent, has the following rights and obligations:  
a) To provide truthful information and necessary materials relating to trade remedy 
investigation cases on their own initiative or at the request of the investigating authority;  
b) To request the investigating authority to ensure information confidentiality under Article  11 
of this Decree;  
c) To have access to information on trade remedy investigation cases,  except for confidential 
information referred to in Article 11 of this Decree;  
d) To participate in public hearing, express their views and provide evidence and materials 
relating to trade remedy cases.  
4. Interested parties are not required to pay a charg e for participation in settling trade remedy cases 
involving products imported into Viet Nam.  
Article 10. Non -cooperation of interested parties in trade remedy cases  
1. If any interested party fails to participate in a trade remedy case or fails to provide  necessary 
evidence or causes significant obstacles to the completion of the investigation, the preliminary or 
final determination under which that party is involved shall be made based on facts available.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  2. If any interested party provides inaccurate or misleading information, such information shall not 
be considered, and preliminary or final determination in relation to that party shall be made based 
on facts available.  
3. Non -cooperating interested parties referred to in Clauses 1 and 2 of this Article shall not be 
granted exemption from trade remedies prescribed in Article 7 of this Decree.  
Article 11. Treatment of confidential information  
1. The investigating authority shall make public non -confidential information relating to trade 
remedy cases. Such  disclosure shall be made via electronic means or other means as suitable to the 
technical infrastructure of the investigating authority.  
2. The investigating authority shall treat the following information provided by interested parties as 
confidential, i ncluding:  
a) National secrets and other secrets as prescribed by law;  
b) Information which is provided, on a confidential basis, at the request of the provider and is 
accepted by the investigating authority.  
3. Information provided by an interested party s hall be classified into confidential and non -
confidential. For confidential information, the interested party shall enclose it with a written 
explanation stating the reasons for confidentiality and a written summary of the confidential 
information that may  be disclosed to other interested parties.  
4. If rejecting the information provider 's request for information confidentiality or the information 
provider fails to provide a written summary of the confidential information prescribed in Clause 3 of 
this Arti cle, the investigating authority may not use such information.  
5. Before the Minister of Industry and Trade decides to launch an investigation, the investigating 
authority shall restrict the disclosure of information about the case.  
Article 12. On -site inv estigations  
1. The investigating authority may conduct on -site investigations to verify the completeness, 
accuracy and truthfulness of evidence and information provided by interested parties.  
2. The investigating authority may conduct an on -site investigat ion only when such is consented by 
the interested party subject to investigation.  
3. Before conducting an on -site investigation, the investigating authority shall send a notice of the 
investigation and investigation contents to the interested party that is  subject to investigation.  
4. If wishing to conduct an on -site investigation abroad, the investigating authority shall notify such 
to the representative of the government of the country where the enterprise subject to investigation 
is located.  
Article 13. Consultation  
1. In the course of investigation for application of trade remedies, review of trade remedies, or 
anti-circumvention of trade remedies, the investigating authority may hold separate consultations 
with interested parties at the latter 's written  request provided that such consultations do not affect 
the time limit for investigation or review.  
2. Before finishing the investigation, the investigating authority shall hold a public consultation 
meeting with interested parties. The investigating autho rity shall notify interested parties of such 
consultation meeting at least 30 days before it is held.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  3. At least 7 days before the opening date of a public consultation meeting, interested parties shall 
send a registration for participation in the meeting  to the investigating authority, which may specify 
issues to be consulted and their arguments. Interested parties are not required to pay a charge for 
participation in a consultation meeting.  
4. Within 7 days after a public consultation meeting closes, int erested parties shall send to the 
investigating authority their written opinions presented at the meeting.  
5. Within 15 days after a public consultation meeting is held under Clause 2 of this Article, the 
investigating authority shall disclose the written consultation record to interested parties.  
Article 14. Information provision by Vietnamese state management agencies and trade 
associations  
1. Within the ambit of their powers and functions, Vietnamese customs offices shall:  
a) Timely provide sufficient da ta and information on imported products under investigation at 
the proposal of the investigating authority;  
b) Coordinate with the investigating authority in providing anonymous data and information 
about the quantity or volume and value of imported and ex ported products related to the 
investigation, application and handling of trade remedies at the request of enterprises and 
trade associations. The order, procedures and expenses of provision and cases where 
information provision is refused, and other conte nts must comply with the Law on Access to 
Information.  
2. From the effective date of a decision on application of trade remedies, the customs office shall 
provide information about trade remedy duty amounts, volume or quantity and value of imported 
product s subject to trade remedies at the request of the investigating authority.  
3. Trade associations and the Viet Nam Chamber of Commerce and Industry shall, within the ambit 
of their functions and powers, coordinate with the investigating authority in providing information 
and data on import, export, production and trading of products under their management at the 
request of the investigating authority.  
Article 15. Application of trade remedies to underdeveloped or developing countries and 
territories  
1. The application of trade remedies to products originating from an underdeveloped or developing 
country or territory (hereinafter referred to as country) must comply with Clauses 2 and 3, Article  86, 
and Clause 2, Article 92, of the Law on Foreign Trade M anagement.  
2. The list of underdeveloped and developing countries shall be determined by the investigating 
authority based on reliable data.  
 
 G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Chapter II  
INVESTIGATION AND APPLICATION OF ANTI -DUMPING AND  
COUNTERVAILING MEASURES  
 
Section 1  
DUMPING AND SUBSI DISATION  
 
Sub-section 1  
DUMPING  
Article 16. Methods of determining normal value  
1. In the case like products are sold in the market of an exporting country in a significant volume or 
quantity, their normal values are the comparable prices of like products currently sold in that market 
in the ordinary course of trade specified in Article 17 of this Decree.  
2. In the case like products are not sold in the market of an exporting country or such sale does not 
permit reasonable comparison due to a particular mar ket situation or because like products are sold 
in the market of an exporting country in a negligible volume or quantity, their normal values may be:  
a) The comparable prices of like products when exported to an appropriate third country 
provided that such  prices are representative;  
b) Set by the investigating authority based on reasonable costs of products plus other 
reasonable expenses and reasonable profits in each stage from manufacturing to sale in the 
market of the exporting country or a third country . 
3. The volume or quantity of like products sold in the market of an exporting country referred to in 
Clause 1 of this Article shall be considered significant if it accounts for at least 5% of the total volume 
or quantity of products under investigation w hich are exported to Viet Nam. The investigating 
authority may consider a lower percentage if having evidence that such percentage is high enough 
for conducting a reasonable comparison.  
Article 17. Ordinary course of trade  
Like products shall be considered  being sold in the market of an exporting country under normal 
trade conditions, except:  
1. Like products sold in the domestic market of an exporting country or exported to the market of a 
third country at a price lower than their costs of production for a  period of at least 6 months, and in 
a volume or quantity accounting for less than 20% of the total volume or quantity of products sold 
in that country or exported to the market of a third country;  
2. Like products sold in the domestic market of an exporti ng country or exported to the market of a 
third country between the parties that have a relationship as prescribed in Article 5 of this Decree 
and at a price not reflecting the market price;  
3. Like products sold in the domestic market of an exporting coun try or exported to the market of a 
third country on the basis of compensatory arrangements.  
Article 18. Methods of determining export prices  
1. Export price means the selling price of products exported to Viet Nam under investigation based 
on lawful transa ction documents.  
2. If no export price is available or there is evidence that the export price is unreliable, the 
investigating authority may determine the export price based on:  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  a) The price of reselling products to the first independent buyer. The first independent buyer 
is understood as a buyer that has no relationship with the related producer or exporter defined 
in Article 5 of this Decree;  
b) Other reasonable grounds.  
2. An export price shall be considered unreliable as prescribed in Clause 2 of this Article if the 
producer, exporter, importer or third party has a relationship prescribed in Article 5 of this Decree 
or has compensatory arrangements.  
Article 19. Adjustment of normal values and export prices  
When determining the dumping margin, the invest igating authority shall consider:  
1. Adjusting the normal value and export price to the same level of trade.  
2. Adjusting the normal value and export price in respect of sales made at as nearly as possible the 
same time.  
3. Adjusting the normal value and export price in the case where there are differences in taxation, 
conditions and terms of sale, commercial level, quantities, physical characteristics or other factors 
which are deemed appropriate by the investigating authority.  
4. When converting currenci es, using the rate of exchange rate applicable on the date of sale, except 
the case of sale of exported products under a definite -term contract which states the applicable rate 
of exchange. In the case of exchange rate fluctuations, the investigating autho rity shall make 
appropriate adjustments based on such fluctuations in the period of investigation.  
5. Making other adjustments deemed appropriate by the investigating authority.  
Article 20 Methods of determining dumping margins  
1. The dumping margin shall be determined based on the difference between the normal value and 
export price under Articles 16, 17, 18 and 19 of this Decree.  
2. The dumping margin shall be determined by comparing:  
a) The weighted average of the normal value with a weighted average of prices of all 
comparable export transactions;  
b) The normal value with export prices on a transaction -to-transaction basis;  
c) The weighted average of the normal value with the prices of individual export transactions 
if there exist significant differences  in the export prices among different purchasers, regions 
or time periods.  
3. The investigating authority shall determine separate dumping margins for products under 
investigation of each foreign producer or exporter in an investigation case for applicatio n of 
anti-dumping measures, except the case prescribed in Clause 4 of this Article.  
4. In the case the number the requested parties or the types of products under investigation is too 
high, the investigating authority may narrow the scope of investigation by using the method of 
sample selection prescribed in Article 36 of this Decree for determining the dumping margin.  
5. In the case the investigating authority narrows the scope of investigation under Clause 4 of this 
Article, the dumping margin shall be ap plied as follows:  
a) A separate dumping margin shall be applied to products under investigation of each 
producer or exporter that has been selected as a sample and cooperated with the investigating 
authority in the investigation stage;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  b) A separate dumpin g margin shall be applied to products under investigation of the producer 
or exporter that has been selected as a sample but refused to cooperate or inadequately 
cooperated with the investigating authority in the investigation stage;  
c) A separate dumping margin shall be applied to products under investigation of the producer 
or exporter that is not selected as a sample but voluntarily participates and cooperates with 
the investigating authority in the investigation stage;  
d) The dumping margin shall be app lied to products under investigation of remaining 
producers or exporters.  
Sub-section 2  
SUBSIDIES  
 
Article 21. Specificity of subsidies  
1. Subsidies prescribed in Article 84 of the Law on Foreign Trade Management shall be considered 
specific when they are applied exclusively to certain organisations, individuals or industries or applied 
only to organisations, individuals or industries in certain geographical areas of the countries under 
investigation for application of countervailing measures.  
2. The specif icity of a subsidy shall be determined as follows:  
a) There is an explicit limit to access to the subsidy to one organisation or individual or a group 
of organisations or individuals or a group of certain industries;  
b) There are objective criteria and conditions for eligibility for the subsidy established in legal 
documents but not automatically applied in practice;  
c) The subsidy is explicitly limited to organisations and individuals located in a certain 
geographical area;  
d) In the case the subsidy is  not specific as prescribed in Point a, b or c of this Clause, the 
investigating authority may still determine its specificity on the basis of considering such 
factors as limited number of subsidised enterprises, disproportionate distribution of the 
subsid y, and manner of grant of the subsidy by competent authorities.  
3. The subsidies referred to in Clauses 1 and 2, Article 85 of the Law on Foreign Trade Management 
are considered specific.  
Article 22. Methods of determining subsidy values  
1. Methods of dete rmining subsidy values are prescribed below:  
a) If a subsidy is a non -refundable grant provided to an organisation or individual, its value is 
the actual value of such grant;  
b) If a subsidy is provided by a government or public organisation as a loan to a n organisation 
or individual, its value is the difference between the payable interest on such loan under 
market conditions and the payable interest on such loan by such organisation or individual;  
c) If a subsidy is provided by a government or public orga nisation in the form of loan 
guarantee, its value is the difference between the payable interest in the absence of guarantee 
and the payable interest in the presence of guarantee;  
d) If a subsidy is provided by a government or public organisation in the fo rm of a direct 
transfer of capital or shares to an enterprise, its value is the actual capital amount the 
enterprise receives;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  dd) If a subsidy is provided in the form of purchase of products or services by a government 
or public organisation from an organ isation or individual at a price higher than the market 
price, its value is the difference between the market price and the price to be paid by the 
government or public organisation for such products or services;  
e) If a subsidy is provided in the form of sale of products or services by a government or 
public organisation to an organisation or individual at a price lower than the market price, its 
value is the difference between the market price and the actual selling price of such products 
or services;  
g) If a subsidy is provided in the form of non -collection by a government or public organisation 
of an amount which the concerned organisation or individual has to pay, its value is the 
difference between the law -prescribed payable amount and the actually pai d amount.  
2. The values of subsidies in other forms shall be calculated in an equal and reasonable manner in 
conformity with international practices.  
Section 2  
DETERMINATION OF INJURY TO A DOMESTIC INDUSTRY  
 
Article 23. Determination of material injury to a domestic industry  
1. Material injury to a domestic industry shall be determined on the basis of considering the following 
factors:  
a) The increase in the volume or quantity of dumped or subsidised products which are 
imported into Viet Nam in absolute terms or in relation to the volume or quantity of like 
products domestically produced or consumed;  
b) The effects of price depression or suppression of imported products under investigation on 
selling prices of like products domestically produced;  
c) The i mpacts of dumped or subsidised products on the status of production and business 
activities of a domestic industry, including actual and potential decline in revenue, sales, profit, 
output, market share, capacity, productivity, and investment; factors affe cting domestic 
selling prices; magnitude of dumping margin, and subsidy level; and actual and potential 
adverse effects on cash flow, inventories, employment, wages, and ability to raise capital;  
d) Other factors.  
2. The determination of material injury to  a domestic industry shall be based on specific evidence.  
Article 24. Determination of threat of material injury to a domestic industry  
1. The threat of material injury to a domestic industry shall be determined on the basis of considering 
the following fa ctors:  
a) The increase in the volume or quantity of dumped or subsidised products which are 
imported into Viet Nam in absolute terms or in relation to the volume or quantity of like 
products domestically produced or consumed;  
b) Whether the capacity of for eign producers or exporters is high enough or likely to 
significantly increase in the near future, leading to a significant increase in the volume or 
quantity of imported products under investigation;  
c) Whether the dumped or subsidised products imported i nto Viet Nam significantly reduce or 
depress at a significant level or prevent a significant increase in the selling prices of 
domestically produced like products, leading to the possibility of an increase in the demand 
for the imported products;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  d) Invent ory data of products under investigation;  
dd) Other factors.  
2. The overall consideration of the elements referred to in Clause 1 of this Article shows the actual 
possibility of the increase of the import of dumped or subsidised products and that material  injury 
will occur if no anti -dumping measures or countervailing measures are applied.  
3. The determination of the threat of material injury to a domestic industry shall be based on specific 
evidence.  
Article 25. Determination of significant impediment to the formation of a domestic 
industry  
1. The formation of a domestic industry shall be determined on the basis of considering the following 
factors:  
a) Characteristics of that industry;  
b) The operation period of that industry;  
c) The size of that industry compared to the entire market;  
d) The reasonable financial break -even point of that industry;  
dd) Whether that industry is new or an expansion of an existing industry 's production line;  
e) Other factors deemed appropriate by the investigating authority.  
2. Significant impediment to the formation of a domestic industry prescribed in Clause 1 of this 
Article shall be determined on the basis of considering the following factors:  
a) Plan of that industry;  
b) Manufacturing capacity and output;  
c) Volume or quantity of products sold in the country;  
d) Market share, revenue and profit;  
dd) Selling prices of domestic like products;  
e) Exportation of like products and importation of products under investigation;  
g) Inventory;  
h) Workforce and wage;  
i) Other fact ors deemed appropriate by the investigating authority.  
3. The determination of significant impediment to the formation of a domestic industry shall be based 
on specific evidence.  
Article 26. Principles of cumulative assessment  
1. In the case products under  investigation are imported from two or more producing or exporting 
countries, the investigating authority may conduct a cumulative assessment of the injury caused by 
such products.  
2. The cumulative assessment of the effects of products under investigatio n should take into account 
competition conditions between products under investigation and competition conditions between 
products under investigation and domestically produced like products.  
3. The cumulative assessment prescribed in Clause 1 of this Arti cle does not include countries with 
dumping margins and subsidy levels prescribed in Clauses 2 and 3, Article 78, and Clauses 2 and 3, 
Article 86, of the Law on Foreign Trade Management.  
Article 27. Determination of the causal relationship between the dump ing or subsidisation 
of products imported into Viet Nam and injury to a domestic industry  
When determining the causal relationship between the dumping or subsidisation of products 
imported into Viet Nam and material injury or threat of material injury to d omestic industry or 
significant impediment to the formation of a domestic industry, the investigating authority shall:  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  1. Consider whether the dumping or subsidisation causes a material injury or threatens to cause a 
material injury to that industry or cau ses a significant impediment to the formation of that industry.  
2. Not regard other factors other than the dumping or subsidisation for products imported into 
Viet Nam that causes or threatens to cause a material injury to that industry or causes a signifi cant 
impediment to the formation of that industry as impacts caused by such dumping or subsidisation. 
These factors include:  
a) The volume or quantity of like products imported into Viet Nam which are not dumped or 
subsidised;  
b) The level of decline in co nsumption demand or change in the form of consumption for 
domestically produced like products;  
c) Trade restriction policy;  
d) Technology development;  
dd) Exportability and productivity of the domestic industry;  
e) Other factors deemed appropriate by the i nvestigating authority.  
 
Section 3  
ANTI -DUMPING OR COUNTERVAILING INVESTIGATION  
Article 28. Dossiers of request for application of anti -dumping measures  
1. A dossier of request for application of anti -dumping measures must comprise a written request 
for application of anti -dumping measures and relevant papers and documents.  
2. A written request for application of anti -dumping measures must have the following contents:  
a) Name, address and other necessary information of the representative of the concerned 
domestic industry;  
b) Information, data and evidence for determining the representation of the concerned 
domestic industry, including a list of domestic producers of like products, and volume or 
quantity of the produced like products;  
c) Names and addresse s of producers of like products that support or oppose the case;  
d) Information describing imported products requested for investigation for application of anti -
dumping measures, including scientific names, trade names and common names; 
composition; basic physical and chemical characteristics; manufacturing process; main use 
purpose; applicable international and Vietnamese standards and regulations; product 
headings according to Viet Nam 's List of Exports and Imports and applicable import duty rates 
specifi ed in the export and import tariffs in each period;  
dd) Information describing like products of the concerned domestic industry, including 
scientific names, trade names and common names; basic physical and chemical 
characteristics; main use purpose; manufa cturing process; and international and Vietnamese 
standards and regulations;  
e) Information on the volume or quantity and value of imported products as prescribed in 
Point d of this Clause during the period of 12 months before the date of dossier submissio n; 
g) Information on the volume or quantity and value of like products of the domestic industry 
concerned as prescribed in Point dd of this Clause during the period of 12 months before the 
date of dossier submission, unless that industry has operated for u nder 12 months only;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  h) Information on normal values and export prices of products described under Point d of this 
Clause; and dumping margins of imported products requested for investigation for application 
of anti -dumping measures;  
i) Information, data a nd evidence on the material injury or threat of material injury to or 
significant impediment to the formation of a domestic industry;  
k) Information, data and evidence on the causal relationship between the import of the 
products specified in Point d of th is Clause and material injury or threat of material injury to 
or significant impediment to the formation of a domestic industry;  
l) Information on the exporting country or origin of the products requested for investigation 
for application of anti -dumping m easures, including a list of foreign producers or exporters 
and importers;  
m) Specific requirements on the application of anti -dumping measures, time limit and extent 
of application.  
Article 29. Dossier of request for application of countervailing measures  
1. A dossier of request for application of countervailing measures must comprise a written request 
for application of countervailing measures and relevant papers and documents.  
2. A written request for application of countervailing measures must have the following contents:  
a) Name, address and other necessary information of the representative of the concerned 
domestic industry;  
b) Information, data and evidence for determining the representation of the concerned 
domestic industry, including a list of domestic producers of like products, and volume or 
quantity of the produced like products;  
c) Names and addresses of producers of like products that support or oppose the case;  
d) Information describing imported products requested for investigation for app lication of 
countervailing measures, including scientific names, trade names and common names; 
composition; basic physical and chemical characteristics; main use purpose; manufacturing 
process; international and Vietnamese standards and regulations; produc ts headings 
according to Viet Nam 's List of Exports and Imports and applicable import duty rates specified 
in the export and import tariffs in each period;  
dd) Information describing like products of a domestic industry, including scientific names, 
trade n ames and common names; composition; basic physical and chemical characteristics; 
main use purpose; manufacturing process; and international and Vietnamese standards and 
regulations;  
e) Information on the volume or quantity and value of imported products as  prescribed in 
Point d of this Clause during the period of 12 months before the date of dossier submission;  
g) Information on the volume or quantity and value of like products of the concerned domestic 
industry as prescribed in Point dd of this Clause duri ng the period of 12 months before the 
date of dossier submission, unless that industry has only operated for under 12 months;  
h) Information and evidence of the foreign subsidy, including the existence of the subsidy; 
country claimed to provide the subsidy ; names and addresses of foreign organisations and 
individuals claimed to receive the subsidy; form of the subsidy and subsidy policy; and 
quantity or volume and value of the subsidy;  
i) Information, data and evidence on the material injury or threat of ma terial injury to or 
significant impediment to the formation of a domestic industry;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  k) Information, data and evidence on the causal relationship between the import of the 
products specified in Point d of this Clause and material injury or threat of materia l injury to 
or significant impediment to the formation of a domestic industry;  
l) Specific requirements on the application of countervailing measures, time limit and extent 
of application.  
Article 30. Receipt of dossiers of request for application of anti -dumping measures and 
countervailing measures  
1. Within 15 days after receiving a dossier of request for application of anti -dumping or 
countervailing measures (hereinafter referred to as dossier of request), the investigating authority 
shall notify the dos sier submitter of the completeness and validity of the dossier. If the dossier is 
incomplete and invalid, the investigating authority shall notify as such to the dossier submitter for 
supplementation.  
2. The time limit for supplementation of a dossier of r equest shall be set by the investigating 
authority but must not be fewer than 30 days from the date the investigating authority issues a 
written request for supplementation.  
Article 31. Appraisal of dossiers of request  
1. The appraisal of a dossier of requ est and issuance of an investigation decision must comply with 
Clause 2, Article 70 of the Law on Foreign Trade Management.  
2. The appraisal of a dossier of request must cover:  
a) Determination of the dossier submitter 's eligibility to act as a lawful repr esentative of the 
concerned domestic industry based on Clause 2, Article 79, and Clause 2, Article 87, of the 
Law on Foreign Trade Management;  
b) Identification of evidence that the dumping or subsidisation for products imported into Viet 
Nam causes or thr eatens to cause a material injury to a domestic industry or causes a 
significant impediment to the formation of a domestic industry.  
Article 32. Decisions on investigation for application of anti -dumping measures and 
countervailing measures  
A decision issu ed by the Minister of Industry and Trade on investigation for application of 
anti-dumping or countervailing measures must have the following principal contents:  
1. Detailed description of imported products under investigation, product headings according to  
Viet Nam's List of Exports and Imports and their applicable import duty rates specified in the export 
and import tariffs in each period;  
2. Information on domestic producers of like products that request application of anti -dumping or 
countervailing measu res; 
3. Brief information about the dumping or subsidisation for products imported into Viet Nam that 
causes or threatens to cause a material injury to the concerned domestic industry or causes a 
significant impediment to the formation of a domestic industry;  
4. The order and procedures for the investigation.  
Article 33. Compilation of dossiers of request for application of anti -dumping measures 
and countervailing measures in the absence of Applicants  
1. In the absence of an Applicant, if there are cl ear signs that the dumped or subsidised products 
imported into Viet Nam cause or threaten to cause a material injury to a domestic industry, the 
investigating authority shall make a dossier of request for application of anti -dumping or G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  countervailing measu res and submit it to the Minister of Industry and Trade for decision on 
investigation.  
2. The dossier made by the investigating authority must have the contents specified in Articles 28 
and 29 of this Decree (except those in Points a, b and c, Clause 2).  
3. Related organisations and individuals shall coordinate with and provide necessary information at 
the request of the Ministry of Industry and Trade.  
Article 34. Period of investigation  
1. The period of investigation for determining dumping or subsidisatio n is 12 months. In  special 
cases, the investigating authority may set another period of investigation which must not be shorter 
than 6 months.  
2. The period of investigation for determining injury is at least 3 years and must cover the whole 
period of inve stigation for determining dumping or subsidisation acts. If a interested party has only 
operated for under 3 years, the to -be-collected data will be those of the entire operation time of 
such party up to the time of issuance of the investigation decision.  
Article 35. Questionnaires for investigation  
1. Within 15 days after the Minister of Industry and Trade issues an investigation decision, the 
investigating authority shall send questionnaires to interested parties, including:  
a) Domestic producers of like products;  
b) Foreign producers or exporters that export products under anti -dumping or countervailing 
investigation to Viet Nam, which the investigating authority knows;  
c) Viet Nam -based representatives of the governments of the countries that manufacture  or 
export products under anti -dumping or countervailing investigation;  
d) Importers of products under anti -dumping or countervailing investigation;  
dd) Other related parties.  
2. Within 30 days after receiving questionnaires, interested parties shall fully  fill out the 
questionnaires in writing. When necessary or when interested parties make a written request for 
extension of this time limit for a plausible reason, the investigating authority may extend such time 
limit for another 30 days at most.  
3. A ques tionnaire shall be considered having reached the recipient after 7 days from the date it is 
sent by the investigating authority. The sending date shall be determined according to the postmark.  
Article 36. Selection of samples for investigation  
1. If the nu mber of foreign producers or exporters, importers and domestic producers is too large 
or there are too many types of products requested for application of anti -dumping or countervailing 
measures, the investigating authority may narrow the scope of investig ation.  
2. The narrowing of the scope of investigation is prescribed below:  
a) The narrowing shall be made by selecting appropriate statistical samples based on the 
volume or quantity of products under investigation for application of anti -dumping or 
counte rvailing measures which are produced and exported to Viet Nam by the respondent or 
based on information available to the investigating authority at the time of sample selection;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  b) When selecting samples for investigation, the investigating authority may consult the 
respondent and importers related to the sample selection and seek the consent of the 
respondent to this sample selection.  
Section 4  
APPLICATION OF ANTI -DUMPING MEASURES OR COUNTERVAILING MEASURES  
Article 37 . Imposition of provisional anti -dumpi ng duties and countervailing duties  
1. The imposition of provisional anti -dumping duties or countervailing duties, duty rates, time limit 
for duty imposition, and extension of the time limit for duty imposition must comply with Clause 1, 
Article 81, and Cl ause 1, Article 89, of the Law on Foreign Trade Management.  
2. A decision on imposition of provisional anti -dumping duties or countervailing duties must have 
the following principal contents:  
a) Description of imported products subject to duty imposition, including names, basic 
characteristics and main use purpose, and product headings according to Viet Nam 's List of 
Exports and Imports and applicable import duty rates specified in the current export tariff or 
import tariff;  
b) Names, addresses and other ne cessary information of the producers or exporters of 
products subject to duty imposition;  
c) Name of the country that manufactures or exports products subject to duty imposition;  
d) Provisional duty rates;  
dd) Effect of and time limit for duty imposition;  
e) Procedures and dossiers for inspection and duty imposition.  
3. Provisional anti -dumping or countervailing duties may be applied no fewer than 60 days after the 
date the Minister of Industry and Trade decides to launch an investigation.  
4. If provisional  anti-dumping duties or countervailing duties are applied at a rate lower than the 
dumping margin or subsidy level stated in the initial conclusion, or if the exporter of products under 
investigation into Viet Nam requests extension of the time limit for i mposition of provisional 
anti-dumping duties or countervailing duties and the volume or quantity of such products accounts 
for a significant proportion in the total volume or quantity of imported products under investigation, 
the Minister of Industry and T rade may extend such time limit for another 60 days at most.  
Article 38. Application of the measure of commitment in anti -dumping and countervailing 
investigation cases  
1. After the Minister of Industry and Trade issues a decision on application of provisi onal 
anti-dumping or countervailing measures and at least 30 days before the expiration of the 
investigation stage, the producer or exporter of products under investigation or the government of 
the respondent in the case of countervailing investigation (he reinafter referred to as the requester) 
may send its written commitment to eliminating the dumping or subsidisation (hereinafter referred 
to as commitment) to the investigating authority.  
2. A commitment must have the following principal contents:  
a) Range  of products;  
b) Reference prices, including self -determined prices, price increases, and price adjustment 
plans;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  c) Periodical notification obligation;  
d) Obligation to cooperate with the investigating authority in realising the commitment;  
dd) Other contents deemed appropriate by the investigating authority.  
3. Within 30 days after receiving a commitment, the investigating authority shall consider and report 
it to the Minister of Industry and Trade for decision.  
4. A commitment shall be considered on the following bases:  
a) Whether its application may remediate the material injury or threat of material injury to 
the concerned domestic industry or significant impediment to the formation of a domestic 
industry;  
b) Whether the current management mechanism  may effectively supervise the realisation of 
the commitment;  
c) Possibility of circumvention of anti -dumping or countervailing measures through the 
commitment;  
d) Other factors deemed appropriate by the investigating authority.  
5. The investigating author ity may only consider the commitment of the requester that has fully 
cooperated in the investigation stage. When considering a commitment, the investigating authority 
may request adjustment of its contents. Once the requester accepts the request for adjust ment, it 
shall send the adjusted commitment to the investigating authority.  
6. The investigating authority shall publicly notify the commitment contents to interested parties. 
Interested parties may send their written comments within the time limit stated in the notice If the 
commitment contains information requested to be kept confidential, the requester shall keep such 
information confidential under Article 11 of this Decree.  
Article 39. Decision on commitment to eliminate dumping or subsidisation  
1. Base d on the investigating authority 's report, the Minister of Industry and Trade shall consider 
issuing a decision to accept or not to accept the requester 's commitment. If refusing to accept the 
commitment, the Minister of Industry and Trade shall state the reason.  
2. The decision referred to in Clause 1 of this Article shall be publicly announced to interested parties 
by appropriate methods.  
3. After obtaining the decision referred to in Clause 1 of this Article, the investigating authority shall 
proceed wit h the investigation and issue a final determination:  
a) If the final determination states that no act of dumping or subsidisation is committed or 
there is no material injury or threat of material injury to a domestic industry or significant 
impediment to t he formation of a domestic industry, the Minister of Industry and Trade shall 
decide to terminate the case and the realisation of the commitment;  
b) If the final determination states that an act of dumping or subsidisation is committed or 
there is a materi al injury or threat of material injury to a domestic industry or significant 
impediment to the formation of a domestic industry, the commitment shall continue to be 
implemented according to its contents.  
Article 40. Supervision of the implementation of com mitments  
1. When its commitment is accepted, the requester shall submit to the investigating authority 's 
supervision of the implementation of the commitment.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  2. The investigating authority shall supervise the implementation of a commitment as follows:  
a) To request the requester to periodically provide information and materials relating to the 
commitment implementation and prove the accuracy of such information and materials;  
b) To periodically compare information provided by the requester on the volume or quantity 
and price of products imported under the commitment with information provided by the 
customs office;  
c) To conduct on -site investigation of the requester when necessary;  
d) To check information with importers of the requester;  
dd) To conduct super vision in other forms as appropriate.  
Article 41. Violations of the implementation of commitments  
The implementation of a commitment shall be considered being violated in the following cases:  
1. The requester exports products under investigation to Viet N am at a price lower than the 
committed one;  
2. The requester fails to periodically provide information on commitment implementation as 
committed;  
3. The requester refuses to cooperate with the investigating authority in the verification and on -site 
investi gation of information periodically provided by such party;  
4. Information and data on the commitment implementation provided by the requester is inaccurate;  
5. The requester commits an act of circumventing the applied anti -dumping measure or 
countervailing  measure;  
6. The requester cancels the commitment on its own without notifying such to the investigating 
authority under Clause 3, Article 42 of this Decree;  
7. Other cases as identified by the investigating authority.  
Article 42. Cancellation of commitmen t implementation  
The implementation of a commitment shall be cancelled in the following cases:  
1. The requester commits a violation prescribed in Article 41 of this Decree;  
2. The investigating authority requests cancellation of the commitment;  
3. The requ ester requests cancellation of the commitment. It may do so at any time within the 
validity term of the commitment but must notify such cancellation to the investigating authority at 
least 30 days before the intended date of cancellation.  
Article 43. Appli cation of anti -dumping measures and countervailing measures after 
cancellation of commitment implementation  
1. In the case of cancellation of commitment implementation prescribed in Clause 1, Article  42 of 
this Decree, the Minister of Industry and Trade ma y decide to apply official anti -dumping or 
countervailing measures based on available information retrospectively to products of the requester 
that violates its commitment.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  2. In the case of cancellation of commitment implementation prescribed in Clauses 2  and 3, 
Article  42 of this Decree, the application of anti -dumping or countervailing measures is prescribed 
below:  
a) If the cancellation takes place during the application of provisional anti -dumping or 
countervailing measures, the Minister of Industry and Trade may decide to cancel the 
commitment implementation and notify such to the customs office that is applying these 
provisional measures based on the preliminary determination;  
b) If the cancellation takes place during the application of official anti-dumping measures or 
countervailing measures, the Minister of Industry and Trade may decide to cancel the 
commitment implementation and notify such to the customs office that is applying these 
official measures based on the final determination.  
Article  44. Application of official anti -dumping measures and countervailing measures  
1. Within 15 days after the investigating authority sends its final determination to the Minister of 
Industry and Trade, the latter shall issue a decision on the case.  
2. A deci sion on application of official anti -dumping or countervailing measures must have the 
following principal contents:  
a) Description of imported products subject to anti -dumping or countervailing measures, 
including scientific names, trade names and common n ames; composition; basic physical and 
chemical characteristics; main use purpose; manufacturing process; international and 
Vietnamese standards and regulations; and product headings according to Viet Nam 's List of 
Exports and Imports and their applicable i mport duty rates specified in the export and import 
tariffs in each period;  
b) Names, addresses and other necessary information of the producers or exporters of the 
products subject to official anti -dumping or countervailing measures;  
c) Name of the countr y that manufactures or exports the products subject to official anti -
dumping or countervailing measures;  
d) Investigation determination on the necessity to apply official anti -dumping or countervailing 
measures;  
dd) Specific official anti -dumping or counte rvailing measures;  
e) Effect of and time limit for application of official anti -dumping or countervailing measures;  
g) Difference in refundable duty amount, if any;  
h) Procedures and dossiers for inspection and application of official anti -dumping or 
count ervailing measures.  
Article 45. Application of retrospective anti -dumping and countervailing measures  
1. The application of retrospective anti -dumping or countervailing measures must comply with 
Clause 4, Article 81, and Clause 4, Article 89, of the Law on  Foreign Trade Management.  
2. Retrospective application of anti -dumping or countervailing measures shall be considered upon 
receiving the Applicant 's request which states that the volume or quantity of the imported products 
under investigation sees a sudde n increase in the period from the time of issuance of an investigation 
decision to the time of imposition of provisional anti -dumping or countervailing duties, causing hardly 
remediable injury to a domestic industry.  
3. If official anti -dumping or counterv ailing duties are higher than the provisional ones, the 
retrospective duty rates will be the provisional duty rates.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  4. If official anti -dumping or countervailing duties are lower than the provisional ones, the 
retrospective duty rates will be the official  duty rates.  
Chapter III  
INVESTIGATION AND APPLICATION OF SAFEGUARD MEASURES  
Section 1  
INVESTIGATION FOR APPLICATION OF SAFEGUARD MEASURES  
Article 46. Bases for conducting investigation  
1. The Minister of Industry and Trade shall decide to launch an investigation when receiving a dossier 
of request for application of safeguard measures from a representative of a domestic industry 
provided that the total volume or quantity of like products or directly competitive products of the 
domestic producers that  submit the dossier and domestic producers that support the request 
accounts for at least 25% of the aggregate volume or quantity of domestically produced like products 
or directly competitive products.  
2. The Minister of Industry and Trade shall decide to  launch an investigation in the case the 
investigating authority makes a dossier proving the necessity to apply safeguard measures.  
Article 47. Dossiers of request for application of safeguard measures  
1. A dossier of request for application of safeguard m easures (hereinafter referred to as dossier of 
request) must comprise a written request for application of safeguard measures and relevant papers 
and documents.  
2. A written request for application of safeguard measures must have the following contents:  
a) Name, address and other necessary information of the representative of the concerned 
domestic industry;  
b) Information, date and evidence for determining the representation of the concerned 
domestic industry, including a list of domestic producers of like  products or directly 
competitive products, and volume or quantity of the produced like products or directly 
competitive products;  
c) Names and addresses of producers of like products that support or oppose the case;  
d) Information describing imported prod ucts requested for investigation for application of 
safeguard measures, including scientific names, trade names and common names; 
composition; basic physical and chemical characteristics; main use purpose; manufacturing 
process; international and Vietnames e standards and regulations; and product headings 
according to Viet Nam 's List of Exports and Imports and their applicable import duty rates 
specified in the export and import tariffs in each period;  
dd) Information describing like products or directly com petitive products of the concerned 
domestic industry, including scientific names, trade names and common names; basic physical 
and chemical characteristics; main use purpose; manufacturing process; and international and 
Vietnamese standards and regulations ; 
e) Information on the volume or quantity and value of imported products as prescribed in 
Point d of this Clause during the period of 3 years before the date of dossier submission;  
g) Information on the volume or quantity and value of like products or dir ectly competitive 
products of the concerned domestic industry as prescribed in Point dd of this Clause during 
the period of 3 years before the date of dossier submission, or for the entire operation duration G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  of the concerned domestic industry up to the tim e of dossier submission if that industry has 
only operated for under 3 years;  
h) Information, data and evidence on the serious injury or threat of serious injury to the 
concerned domestic industry;  
i) Information, data and evidence on the causal relationsh ip between the import of the 
products specified at Point d of this Clause and serious injury or threat of serious injury to the 
concerned domestic industry;  
k) Specific requirements on the application of safeguard measures, time limit and extent of 
applica tion. 
Article 48. Dossiers of request for application of safeguard measures in the absence of 
Applicants  
1. In the absence of an Applicant, if there are clear signs that the excessively imported products 
cause or threaten to cause serious injury to a domes tic industry, the investigating authority shall 
make a dossier of request for application of safeguard measures and send it to the Minister of 
Industry and Trade for consideration and decision on investigation.  
2. The dossier made by the investigating auth ority must have the contents prescribed in Article 47 
of this Decree (except those prescribed in Points a, b and c, Clause 2).  
3. Related organisations and individuals shall cooperate with and provide necessary information at 
the request of the Ministry of  Industry and Trade.  
Article 49. Appraisal of dossiers  
1. Within 15 days after receiving a dossier of request, the investigating authority shall consider the 
completeness and validity of the dossier.  
2. If seeing that the dossier is incomplete and invalid,  the investigating authority shall notify such 
to the dossier submitter and allow at least 30 days for the latter to supplement the dossier.  
3. Within 45 days after the investigating authority issues a notice of receipt of a complete and valid 
dossier, it shall appraise the dossier and send it to the Minister of Industry and Trade for 
consideration and decision on investigation. When necessary, the issuance of an investigation 
decision may be extended for no more than 30 days.  
4. The appraisal of a dossier of request must cover:  
a) Determination of the dossier submitter 's eligibility to act as a lawful representative of the 
concerned domestic industry based on Clause 1, Article 46 of this Decree;  
b) Determination of evidence that the excessively imported products cause or threaten to 
cause serious injury to the concerned domestic industry.  
Article 50. Decisions on investigation for application of safeguard measures  
A decision issued by the Minister of Industry and Trade on investigation for application of safeguard 
measures must have the following principal contents:  
1. Detailed description of imported products under investigation, and products headings according 
to Viet Nam 's List of Exports and Imports and their applicable import duty rates specified in t he 
export and import tariffs in each period;  
2. Names of enterprises and representative of domestic producers of like products or directly 
competitive products that request application of safeguard measures;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  3. Brief information about the increase in the i mport of products under investigation;  
4. Serious injury or threat of serious injury to the concerned domestic industry caused by the 
increased import.  
Article 51. Determination of serious injury or threat of serious injury to a domestic 
industry  
1. When d etermining the serious injury or threat of serious injury to a domestic industry, the 
investigating authority shall consider:  
a) The increase in the volume or quantity of imported products in absolute terms or in relation 
to the volume or quantity of domes tically produced like products or directly competitive 
products;  
b) The increase in the volume or quantity of imported products prescribed in Point a of this 
Clause under the impact of unanticipated changes;  
c) The impacts of the prices of imported product s under investigation on the prices of 
domestically produced like products or directly competitive products;  
d) The impacts of the increased import of products under investigation on the domestic 
industry in terms of market share, revenue, output, design c apacity, use capacity, profit, 
employment, inventories and other factors deemed appropriate by the investigating authority.  
2. The determination of serious injury or threat of serious injury to a domestic industry shall be 
based on specific evidence.  
3. Th e period of investigation for determination of serious injury or threat of serious injury to a 
domestic industry is 3 years. In the case a domestic industry has only operated for under 3  years, 
the to -be-collected data will be those of the entire operation  duration of that industry up to the time 
the Ministry of Industry and Trade decides to launch an investigation.  
Section 2  
APPLICATION OF SAFEGUARD MEASURES  
Article 52. Application of provisional safeguard measures  
1. Based on the initial conclusion, the M inister of Industry and Trade may decide to apply provisional 
safeguard measures when:  
a) Imported products under investigation record an excessive increase;  
b) A domestic industry suffers serious injury or threat of serious injury;  
c) The excessive increa se in the import prescribed in Point a of this Clause is the cause of 
serious injury or threat of serious injury to a domestic industry;  
d) The late application of safeguard measures will cause serious injury or threatens to cause 
serious injury to a domestic industry and such injury will be hardly remediable.  
2. Provisional safeguard measures may be applied only in the form of additional import duty.  
3. A decision on application of provisional safeguard measures shall be publicly announced with the 
following contents:  
a) Detailed description of imported products subject to provisional safeguard measures, and 
product headings according to Viet Nam 's List of Exports and Imports and their applicable 
import duty rates specified in the export tariff or impo rt tariff in each period;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  b) A list of countries exempted from application of provisional safeguard measures;  
c) Provisional safeguard duty rates;  
d) Time limit for application of provisional safeguard measures;  
dd) Information and evidence showing that th e increased import of products under 
investigation causes or threatens to cause serious injury to a domestic industry;  
e) Information and evidence showing that the late application of provisional safeguard 
measures will cause or threatens to cause serious injury to a domestic industry and such injury 
will be hardly remediable;  
g) Procedures and dossiers for inspection and application of provisional safeguard measures.  
4. When necessary, the Minister of Industry and Trade may decide to terminate the applicat ion of 
provisional safeguard measures ahead of schedule.  
Article 53. Application of official safeguard measures  
1. Within 15 days after the investigating authority sends its final determination, the Minister of 
Industry and Trade shall issue an official de cision on the case.  
2. A decision of application of official safeguard measures must have the following principal contents:  
a) Description of imported products subject to official safeguard measures, including names, 
basic characteristics and main use purp ose, and product headings according to Viet Nam 's List 
of Exports and Imports and their applicable import duty rates specified in the export and 
import tariffs in each period;  
b) Official safeguard measures;  
c) Effect and time limit for application of safe guard measures;  
d) Refund of the difference (if any) in safeguard duty;  
dd) Procedures and dossiers for inspection and application of provisional safeguard measures;  
e) Investigation conclusion on the necessity to apply official safeguard measures.  
Articl e 54. Provisions on application of import quota and tariff quota measures  
In the case where the Minister of Industry and Trade decides to apply official safeguard measures 
through import quota or tariff quota:  
1. The volume or quantity of import quota or t ariff quota must not be lower than the average volume 
or quantity of imported products in the last 3 years with available import data, unless the 
investigating authority can maintain with explicit evidence that a lower volume or quantity quota is 
necessary  for preventing or remediating serious injury or threat of serious injury.  
2. The Ministry of Industry and Trade shall allocate quotas among the countries exporting products 
to Viet Nam based on their market shares calculated on the total volume or quantit y of products in 
the last 3 years with available import data, taking into account special factors that affect trade in 
products activities.  
3. The Ministry of Industry and Trade shall consult the countries that have a major volume or 
quantity of products imported into Viet Nam and are allocated quotas.  
4. In the case the import quota measure is to be applied for over 1 year, the Ministry of Industry 
and Trade shall loosen the import quota or tariff quota measure applied for subsequent years.  
5. Customs off ices shall coordinate with the Ministry of Industry and Trade in controlling and 
managing the application of import quota and tariff quota measures.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Chapter IV  
REVIEW OF THE APPLICATION OF TRADE REMEDIES  
Section 1  
GENERAL PROVISIONS  
Article 55. Dossiers of  request for review of the application of trade remedies  
A dossier of request for review of the application of a trade remedy (hereinafter referred to as dossier 
for review) must comprise:  
1. A written request for review of the application of a trade remed y, made according to the form 
issued by the investigating authority;  
2. Other documents and information deemed necessary by the Applicant.  
Article 56. Appraisal of dossiers for review  
1. Within 15 days after receiving a dossier for review, the investigatin g authority shall notify the 
dossier submitter of the completeness and validity of the dossier. If the dossier is incomplete or 
invalid, the investigating authority shall request the dossier submitter to supplement the dossier.  
2. Within 30 days after rece iving a complete and valid dossier for review, the investigating authority 
shall appraise the dossier and propose to the Minister of Industry and Trade to consider and decide 
on the review of the application of a trade remedy.  
Article 57. Questionnaires fo r review  
1. Within 15 days after the issuance of a decision on review, the investigating authority shall send a 
questionnaire for review to:  
a) The review -requesting party;  
b) The party of which the review is requested;  
c) Other interested parties deemed necessary by the investigating authority.  
2. Within 30 days after receiving the questionnaires for review, the interested parties shall return 
the fully filled out questionnaires to the investigating authority. This time limit may be extended 
once by the i nvestigating authority for another 30 days at most based on the written request for 
extension of the interested party.  
3. The questionnaires shall be considered having reached the recipients after 7 working days from 
the date they are sent by the investiga ting authority. The sending date shall be determined according 
to the postmark.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Section 2  
REVIEW OF ANTI -DUMPING OR COUNTERVAILING MEASURES  
Sub-section 1  
REVIEW OF ANTI -DUM PING OR COUNTERVAILING MEASURES  
AT THE REQUEST OF INTERESTED PARTIES  
Article 58. Submission of dossiers of request for review at the request of interested parties  
1. Within 60 days before the end of 01 year from the date of issuance of the decision on the application 
of official anti -dumping or countervailing measures or of the latest decision on the results of the review 
of anti -dumping or countervailing measures, the interested parties prescribed in Article  59 of this 
Decree may submit a dossier of request for review, except cases in which the time limit for dossier 
submission is less  than 09 months before the deadline for the Minister of Industry and Trade to decide 
whether to carry out the sunset review of anti -dumping or countervailing measures.  
2. The contents of a dossier for review must comply with the form issued by the investig ating 
authority.  
Article 59. Review -requesting party  
The following organisations and individuals may submit dossiers of request for review of the 
application of anti -dumping or countervailing measures under Article 58 of this Decree:  
1. Domestic producers prescribed in Clause 2, Article 79, and Clause 2, Article 87, of the Law on 
Foreign Trade Management.  
2. Foreign producers or exporters that may submit dossiers of request for review of the application 
of anti -dumping or countervailing measures to such for eign producers and exporters;  
3. Importers of products subject to anti -dumping or countervailing measures;  
4. Governments of foreign producers or exporters which may submit dossiers for review of the 
application of anti -dumping or countervailing measures t o such foreign producers or exporters;  
Article 60. Contents of the review at the request of interested parties  
The investigating authority shall review one or more of the following contents, based on the contents 
requested by the interested party:  
1. Dumpi ng margin, level of subsidy of one, some or all of the foreign producers and/or exporters;  
2. Commitments to eliminate dumping or subsidy made by one, some or all of the foreign producers 
and/or exporters;  
3. Injury to a domestic industry and the causal re lationship between the dumping or subsidy of 
relevant foreign producers and/or exporters and such injury;  
4. Scope of application of anti -dumping or countervailing measures.  
Article 61. Decision on the review result at the request of interested parties  
1. Within 15 days from the date the investigating authority submits the review conclusion, the 
Minister of Industry and Trade shall issue a decision on the result of the review of the application of 
the trade remedy.  
2. Based on the review conclusion of the i nvestigating authority, the Minister of Industry and Trade 
shall issue one of the following decisions on:  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  a) Adjustment or non -adjustment of the application of anti -dumping or countervailing 
measures based on the review result under Article 60 of this Decr ee; 
b) Termination of the application of anti -dumping or countervailing measures in the case the 
review conclusion determines that the anti -dumping or countervailing measures are no longer 
necessary to remediate the injury to a domestic industry or the domestic industry will no 
longer suffer injury if anti -dumping or countervailing measures are terminated.  
3. The adjustment of the application of anti -dumping or countervailing measures specified at Point  a, 
Clause 2 of this Article will not affect the tim e limit for the application of anti -dumping or 
countervailing measures currently in force.  
Sub-section 2  
SUNSET REVIEW OF THE APPLICATION OF ANTI -DUMPING  
OR COUNTERVAILING MEASURES  
Article 62. Submission of dossiers of request for sunset review  
1. At least  12 months before the date the decision on application of anti -dumping or countervailing 
measures ceases to be effective, the investigating authority shall announce its receipt of the dossier 
of request for sunset review of the application of anti -dumping or countervailing measures.  
2. Within 30 days after the investigating authority makes the above announcement, the domestic 
producer representing a domestic industry as prescribed in Clause 2, Article 79, or Clause  2, 
Article  87, of the Law on Foreign Trade  Management may submit a dossier of request for sunset 
review of the application of anti -dumping or countervailing measures.  
Article 63. Contents of the sunset review of the application of anti -dumping or 
countervailing measures  
1. The investigating author ity shall carry out sunset review to assess the possibility of continuation 
or recurrence of dumping or subsidising acts causing injury to a domestic industry in the case of 
termination of anti -dumping or countervailing measures.  
2. The sunset review of th e application of anti -dumping or countervailing measures must include the 
following contents:  
a) The possibility of imported products being dumped or subsidised if anti -dumping or 
countervailing measures are terminated;  
b) The possibility that a domestic i ndustry suffers material injury or threat of material injury 
if anti -dumping or countervailing measures are terminated;  
c) The causal relationship between the possibility of dumping or subsidisation and the injury 
that a domestic industry may suffer.  
Artic le 64. Decision on the result of the sunset review of the application of anti -dumping 
or countervailing measures  
Based on the review conclusion of the investigating authority, the Minister of Industry and Trade 
shall issue one of the following decisions on : 
1. Extension of the application of anti -dumping or countervailing measures if the final determination 
determines that the elimination of anti -dumping or countervailing measures may result in the 
continuation or recurrence of products dumping or subsidisi ng acts which cause injury to a domestic 
industry.  
2. Termination of the application of anti -dumping or countervailing measures in the case the 
requesting domestic producers withdraw their requests for review or the final determination of the 
investigating  authority determines that there is no possibility of continuation or recurrence of 
products dumping or subsidising acts that cause injury to a domestic industry.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Sub-section 3  
REVIEW OF NEW EXPORTERS  
Article 65. Identification of new exporters  
1. New expo rter means a producer or an exporter of the exporting country which is subject to 
anti-dumping or countervailing measures and did not export products under investigation into 
Viet Nam during the initial period of investigation.  
2. A new exporter may submit  a dossier of request for review of the application of anti -dumping or 
countervailing measures when fully meeting the following conditions:  
a) He/she/it has no relationship with the producers and/or exporters subject to anti -dumping 
or countervailing measu res under Article 5 of this Decree;  
b) He/she/it has actually exported the products to Viet Nam after the period of investigation 
determined by the investigating authority in the initial investigation case;  
c) The volume or quantity of exports to Viet Nam by the time of dossier submission is large 
enough for the investigating authority to determine the reasonable export price.  
3. New exporters may submit a dossier of request for review after the decision on application of 
anti-dumping or countervailing meas ures takes effect.  
Article 66. Contents of the review of new exporters  
The review of a new exporter must include the following contents:  
1. Separate dumping margin or level of subsidy of the new exporter;  
2. Conditions for application of anti -dumping or co untervailing measures to the new exporter.  
Article 67. Decision on the result of the review of new exporters  
Based on the investigating authority 's conclusion of the review of new exporters, the Minister of 
Industry and Trade shall issue one of the followi ng decisions on:  
1. Application of separate anti -dumping or countervailing measures to new exporters;  
2. Continuation of the application of the anti -dumping or countervailing measures currently in force 
in the case the new exporter withdraws the dossier of  request for review or does not cooperate in 
the review process.  
Section 3  
REVIEW OF SAFEGUARD MEASURES  
Article 68. Interim review of the application of safeguard measures  
1. If the duration of application of safeguard measures, including the duration of a pplication of 
provisional safeguard measures, lasts more than 3 years, the Minister of Industry and Trade shall 
carry out an interim review of the application of safeguard measures.  
2. Based on the investigating authority 's interim review conclusion, the M inister of Industry and 
Trade shall issue one of the following decisions on:  
a) Continuation of the application of safeguard measures;  
b) Reduction of the application of safeguard measures;  
c) Termination of the application of safeguard measures.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Article  69. Sunset review of the application of safeguard measures  
1. At least 9 months before the date the decision on the application of safeguard measures ceases 
to be effective, the investigating authority shall announce its receipt of dossiers of request for  sunset 
review of application of safeguard measures. Within 30 days from the date the investigating 
authority makes the above announcement, organisations and individuals may submit a dossier of 
request for sunset review of the application of safeguard meas ures. 
2. The sunset review of the application of safeguard measures must include the following contents:  
a) Determination of the level of increase of imports into Viet Nam since the safeguard measure 
was applied;  
b) Assessment of production and business ac tivities of a domestic industry since the safeguard 
measure was applied;  
c) Adjustments of the domestic industry since the safeguard measure was applied;  
d) The possibility of serious injury or threat of serious injury to a domestic industry if the 
safegua rd measure is terminated.  
3. The decision on the result of the sunset review of the application of safeguard measures must 
include the following contents:  
a) Extension or non -extension of the application of safeguard measures;  
b) Adjustment of the level of  application of safeguard measures;  
c) Adjustment of the scope of application of safeguard measures.  
Section 4  
REVIEW OF THE RANGE OF PRODUCTS  
Article 70. Submission of dossiers by interested parties  
1. The following organisations and individuals may submi t a dossier of request for review:  
a) Domestic producers;  
b) Foreign producers and exporters;  
c) Importers;  
d) Organisations and individuals using the imports.  
2. The Minister of Industry and Trade shall consider and decide on the review of the range of pr oducts 
subject to trade remedies based on the dossiers of request for review.  
Article 71. Contents of review of the range of products subject to trade remedies  
The review of the range of products subject to trade remedies must include the following content s: 
1. Comparison of imports and like products or directly competitive products produced domestically;  
2. Substitutability of imported products;  
3. A domestic industry 's capacity to manufacture like products or directly competitive products.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Article 72. Decisions on the result of the review of the range of products subject to trade 
remedies  
Based on the investigation body 's review conclusion, the Minister of Industry and Trade shall issue 
one of the following decisions on:  
1. Non -adjustment of the range o f products subject to trade remedies.  
2. Narrowing of the range of products subject to trade remedies.  
3. Exclusion from trade remedies for specific importers.  
Chapter V  
ANTI -CIRCUMVENTION OF TRADE REMEDIES  
Section 1  
ACTS AIMING TO CIRCUMVENT TRADE REMEDIE S 
Article 73. Expansion of the scope of application of trade remedies  
The scope of application of trade remedies may be expanded for products circumventing trade 
remedies as follows:  
1. Raw materials, materials, components or supplies originating from the country subject to trade 
remedies and imported into Viet Nam for the manufacture of products subject to trade remedies.  
2. Products like to those being subject to trade remedies which originate from a third country and 
use raw materials, materials, compone nts or supplies originating from the country subject to trade 
remedies.  
3. Imports originating from the country subject to trade remedies which are negligibly different from 
those currently subject to trade remedies.  
4. Products subject to trade remedies t ransferred through a third country.  
5. Products subject to trade remedies which change their business form and distribution channels to 
benefit from levels of trade remedies lower than those being applied.  
Article 74. Acts aiming to circumvent trade remedi es through manufacturing or assembly 
in Viet Nam  
The products described in Clause 1, Article 73 of this Decree shall be considered as circumventing 
trade remedies through manufacturing or assembly in Viet Nam if the following conditions are fully 
met: 
1. Products like to those subject to trade remedies are produced or assembled in Viet Nam from raw 
materials, materials, components or supplies imported from the country subject to trade remedies 
and are sold at price lower than the normal value of the product s subject to trade remedies;  
2. Raw materials, materials, components or supplies originating from the country subject to trade 
remedies are imported into Viet Nam mainly for the purpose of manufacturing products subject to 
trade remedies;  
3. Manufacturing and assembly activities have significantly increased in Viet Nam before or since 
the date of issuance of the investigation decision by the Minister of Industry and Trade.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  4. Raw materials, materials, components or supplies originating from the country subj ect to trade 
remedies account for at least 60% of the total value of raw materials, materials, components or 
supplies used for the manufacturing or assembly of products subject to trade remedies in Viet Nam.  
Article 75. Added value  
In the case the added va lue of products produced or assembled under Article 74 of this Decree 
exceeds 25% of the total production cost of products subject to trade remedies, the import of raw 
materials, materials, components or supplies will not be considered as circumventing tra de 
remedies. In the case of necessity, the investigating authority may consider another ratio of added 
value in the total production cost suitable to the characteristics of such industry.  
Article 76. Acts aiming to circumvent trade remedies through manufacturing or assembly 
in a third country  
The products described in Clause 2, Article 73 of this Decree shall be considered as circumventing 
trade remedies if the following conditions are fully met:  
1. The price of the products exported from a third cou ntry to Viet Nam is lower than the normal 
value of the products initially investigated for application of trade remedies;  
2. The volume or quantity of products imported into Viet Nam accounts for a large proportion to 
total sales of the producer or exporte r; 
3. The volume or quantity of products imported into Viet Nam has begun and significantly increased 
before or since the date of issuance of the investigation decision by the Minister of Industry and 
Trade;  
4. Raw materials, materials, components or suppl ies originating from the country subject to trade 
remedies account for at least 60% of the total value of raw materials, materials, components or 
supplies of the products subject to trade remedies exported to Viet Nam.  
Article 77. Acts aiming to circumvent  trade remedies through negligible changes in 
products subject to trade remedies  
The products described in Clause 3, Article 73 of this Decree shall be considered as circumventing 
trade remedies if the following conditions are fully met:  
1. Their import vo lume or quantity has significantly increased compared to the volume or quantity 
of products subject to trade remedies imported into Viet Nam by the producer or exporter.  
2. Their import volume or quantity has significantly increased before or since the dat e of issuance 
of the investigation decision by the Minister of Industry and Trade.  
Article 78. Determination of negligible differences  
The negligible difference referred to in Clause 3, Article 73 of this Decree is determined when there 
is virtually no dif ference between imported products and products subject to trade remedies in terms 
of characteristics, use purpose, distribution channel and cost.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Section 2  
INVESTIGATION AND APPLICA TION OF MEASURES FOR  
ANTI -CIRCUMVENTION OF TRADE REMEDIES  
Article 79. Dossi ers of request for application of measures for anti -circumvention of trade 
remedies  
1. A dossier of request for application of measures for anti -circumvention of trade remedies must 
comprise a written request for application of measures for anti -circumvent ion of trade remedies and 
relevant information and documents.  
2. A written request for application of measures for anti -circumvention of trade remedies must have 
the following contents:  
a) Name, address of and other necessary information about the Applican t; 
b) Description of the imports requested to be subject to measures for anti -circumvention of 
trade remedies, including their scientific names, trade names and/or common names; 
ingredients; basic physical and chemical characteristics; main purpose; manufa cturing 
process; international and Vietnamese standards and/or regulations; products headings on 
Viet Nam 's List of Exports and Imports and currently effective import duty rates according to 
the export and import tariffs in each period;  
c) Description of t he volume or quantity of the imports as prescribed in Article 73 of this 
Decree;  
d) Description of the volume or quantity of like products produced domestically;  
dd) Information on the export prices of the products described at Point b of this Clause at th e 
time of import into Viet Nam for at least 12 months before the Applicant submits the dossier 
or before the investigating authority compiles a dossier under the decision of the Minister of 
Industry and Trade;  
e) Information, data and evidence of acts aimi ng to circumvent trade remedies claimed by the 
Applicant;  
g) Name, address and other necessary information of all Respondents;  
h) Specific requirements on the application of measures for anti -circumvention of trade 
remedies, and time limit and extent of application.  
Article 80. Compilation of dossiers of request for application of measures for 
anti-circumvention of trade remedies in the absence of Applicants  
In the absence of an Applicant, if there are signs of circumventing trade remedies, the investigating 
authority shall compile a dossier of request for application of measures for anti -circumvention of 
trade remedies and submit it to the Minister of Industry and Trade for considering and deciding on 
investigation.  
Article 81. Order and procedu res for and contents of investigation  
1. Within 15 days after receiving a dossier of request, the investigating authority shall check its 
completeness and validity.  
2. If the dossier is incomplete or invalid, the investigating authority shall notify such t o the dossier 
submitter and allow at least 30 days for the latter to supplement the dossier.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  3. Within 45 days after receiving a complete and valid dossier, the Minister of Industry and Trade 
shall consider and decide on the investigation based on the resu lt of the investigating authority 's 
appraisal of the dossier.  
4. The investigation for anti -circumvention of trade remedies must include the following contents:  
a) Identification of acts aiming to circumvent trade remedies;  
b) Change in trade flow from the  originating or exporting country after the effective date of 
the decision on application of trade remedies, which is the cause of such circumvention;  
c) Injury to a domestic industry or the reduced effectiveness of the trade remedies currently 
in force.  
Article 82. Investigation time limit  
1. The time limit for investigation for application of measures for anti -circumvention of trade 
remedies is 06 months from the date of issuance of the investigation decision.  
2. In special cases, the Minister of Industry  and Trade may extend the investigation for another 
06 months at most.  
Article 83. Application of measures for anti -circumvention of trade remedies  
1. Within 15 days after the investigating authority submits the final determination, the Minister of 
Industr y and Trade shall issue a decision whether to apply or not apply measures for 
anti-circumvention of trade remedies.  
2. If the Minister of Industry and Trade decides to apply measures for anti -circumvention of trade 
remedies, the trade remedies currently in  force will be extended to each producer or exporter of the 
products described in Article 73 of this Decree that has been confirmed to have taken acts to 
circumvent trade remedies.  
3. The time limit for the application of measures for anti -circumvention of  trade remedies ends when 
the time limit for the application of the initial trade remedy expires.  
Chapter VI  
HANDLING OF TRADE REMEDIES APPLIED TO VIETNAMESE EXPORTS  
Article 84. Handling principles  
1. Assistance activities for Vietnamese traders that are i nvestigated by importing countries for 
application of or applied with trade remedies prescribed in Article 76 of the Law on Foreign Trade 
Management shall be carried out on the basis of the written requests of these traders and trade 
associations.  
2. The i nitiation of a lawsuit against the importing country prescribed in Article 90 of this Decree 
shall be carried out by the Ministry of Industry and Trade on the basis of collected information and 
after the coordination and consultation with other ministries,  ministerial -level agencies and 
competent agencies and according to the plan reported to and approved by the Prime Minister.  
3. The Ministry of Finance shall ensure the particular budget for trader assistance activities 
prescribed in Article 76 of the Law on Foreign Trade Management.  
4. Assistance activities must ensure the lawful rights and interests of Vietnamese traders and 
conform with the provisions of Vietnamese law and treaties to which the Socialist Republic of 
Viet Nam is a contracting party.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Article 85. Provision of information relating to cases  
The information to be provided to traders prescribed in Point a, Clause 1, Article 76 of the Law on 
Foreign Trade Management is the information disclosed by relevant authorities of the importing 
countr y or permitted to be disclosed in accordance with treaties to which the Socialist Republic of 
Viet Nam is a contracting party.  
Article 86. Early warning system for foreign trade remedy lawsuits  
1. The Ministry of Industry and Trade shall develop and operat e a system of early warning on the 
possibility of foreign trade remedy lawsuits to inform enterprises and trade associations to prevent 
and prepare for the lawsuits.  
2. The Ministry of Industry and Trade shall prescribe the organisation and operation of th e early 
warning system.  
Article 87. Exchange with importing countries that are investigating for application of 
trade remedies or applying trade remedies to Vietnamese exports  
Exchange with the importing country that is investigating for application of tra de remedies or 
applying trade remedies prescribed in Point b, Clause 1, Article 76 of the Law on Foreign Trade 
Management shall be carried out in appropriate forms under the charge of the Ministry of Industry 
and Trade and in accordance with Vietnamese law  and treaties to which the Socialist Republic of Viet 
Nam is a contracting party.  
Article 88. Assistance for Vietnamese traders that are investigated by importing countries 
for application of countervailing measures  
If Vietnamese traders are investigated b y an importing country for application of countervailing 
measures as prescribed in Clause 2, Article 76 of the Law on Foreign Trade Management, the Ministry 
of Industry and Trade shall assume the prime responsibility for planning to cooperate with relevant  
authorities of the importing country as follows:  
1. Holding consultation with the foreign investigating authority on accused subsidy programs of 
Viet Nam.  
2. Providing the Government with information and documents related to the accused subsidy 
programs o f Viet Nam at the request of the foreign investigating authority in accordance with current 
regulations.  
3. Working with the foreign investigating authority in the course of on -site investigation of the 
accused subsidy programs of Viet Nam.  
4. Other approp riate activities.  
Article 89. Preparation of plans for compensation claim and retaliation in the case 
Vietnamese traders are investigated by importing countries for application of trade 
remedies  
1. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with 
related ministries, ministerial -level agencies and organisations and individuals in, preparing plans 
for compensation claim under treaties to which the Socialist Republic of Viet Nam is a contracting 
party, and submi t them to the Prime Minister for approval.  
2. The Ministry of Industry and Trade shall assume the prime responsibility for holding consultation 
with related authorities of the importing country on the approved plan for compensation claim 
referred to in Cla use 1 of this Article and issue a decision on specific implementation of the plan.  
3. If the Governments of Viet Nam and the importing country cannot reach an agreement on 
compensation, the Ministry of Industry and Trade shall assume the prime responsibili ty for, and 
coordinate with related ministries, ministerial -level agencies, organisations and individuals in, G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  preparing a retaliation plan in accordance with treaties to which the Socialist Republic of Viet Nam 
is a contracting party and report it to the P rime Minister for approval and issue a decision on 
implementation of the approved retaliation plan.  
4. The procedures for carrying out the compensation claim and retaliation must comply with 
Vietnamese law and relevant treaties to which the Socialist Repub lic of Viet Nam is a contracting 
party.  
Article 90. Initiation of lawsuits against importing countries when detecting their 
violations of treaties to which the Socialist Republic of Viet Nam is a contracting party  
1. The Ministry of Industry and Trade shal l assume the prime responsibility for, and coordinate with 
other ministries, ministerial -level agencies and competent state management agencies in, 
considering initiating lawsuits in accordance with Point c, Clause 1, Article 76 of the Law on Foreign 
Trade  Management on the basis of collected information or at the written request of the related 
traders or trade associations, report lawsuit plans to the Prime Minister and implement these plans 
after they are approved by the Prime Minister.  
2. In the case the  related trader or trade association submits a written request for initiation of a 
lawsuit, the written request must have the following contents:  
a) Description of trade remedies applied by the foreign country;  
b) Injury caused by the investigation for app lication or by the application of trade remedies 
specified in Point a of this Clause;  
c) Description of violations of treaties to which the Socialist Republic of Viet Nam is a 
contracting party;  
d) Proposals of the trader or trade association;  
dd) Other re levant information and documents deemed necessary by the trader or trade 
association.  
3. The procedures for initiating a lawsuit against the importing country that is conducting 
investigation for application of or applying trade remedies must comply with treaties to which the 
Socialist Republic of Viet Nam is a contracting party.  
4. Information and documents in the process of review and evaluation before initiating a lawsuit and 
in the process of lawsuit or information requested by interested parties to be  kept confidential shall 
be regarded as confidential information in accordance with current laws.  
5. Traders and trade associations which have sent a written request as specified in Clause 2 of this 
Article shall fully coordinate with the Ministry of Indus try and Trade in the process of suing the 
importing country that is conducting investigation for application of, or applying trade remedies.  
Article 91. Participation in the capacity as interested party in trade remedy cases and as 
third party in the cases  of settlement of disputes over trade remedies at the World Trade 
Organisation  
1. The Ministry of Industry and Trade shall consider and register the participation in the capacity as 
interested party when a foreign country investigates for application of or  applies trade remedies to 
Vietnamese exports.  
2. The Ministry of Industry and Trade shall consider and register the participation in the capacity as 
third party in a dispute settlement case at the World Trade Organisation if the case is related to the 
rights and interests of Viet Nam in the field of trade remedy. The Ministry of Industry and Trade may 
consult, when necessary, related ministries and sectors on such registration.  
3. The Ministry of Industry and Trade may consider providing information and do cuments during the 
participation in the capacity as third party as specified in Clause 2 of this Article on the basis of G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  written requests of organisations or individuals, provided that such documents and information are 
permitted to be disclosed in accorda nce with treaties to which the Socialist Republic of Viet Nam is 
a contracting party.  
Article 92. Use of legal consultancy services  
1. The Ministry of Industry and Trade shall consider using legal consultancy services during the 
implementation of the provi sions of Article 76 of the Law on Foreign Trade Management. Other 
ministries and ministerial -level agencies shall coordinate with the Ministry of Industry and Trade in 
selecting legal consultancy services at the written request of the latter.  
2. The Minist ry of Industry and Trade shall prescribe criteria for selecting appropriate legal 
consultancy services.  
3. The Ministry of Finance shall ensure the particular budget for use of legal consultancy services in 
trader assistance activities prescribed Article 7 6 of the Law on Foreign Trade Management.  
Article 93. Coordination mechanism between management agencies, trade associations 
and traders  
1. The coordination mechanism between management agencies, trade associations and traders shall 
be based on the followi ng principles:  
a) The Ministry of Industry and Trade shall assume the prime responsibility for and other 
ministries, ministerial -level agencies, provincial -level People 's Committees, other state 
management agencies and related organisations and individuals  shall timely coordinate with 
the Ministry of Industry and Trade in trader assistance activities prescribed in Article 76 of the 
Law on Foreign Trade Management;  
b) Ministries, ministerial -level agencies, provincial -level People 's Committees, other 
compete nt state management and related organisations and individuals shall be responsible 
for the information, documents and evaluation opinions provided to the Ministry of Industry 
and Trade during the handling of trade remedies applied to Vietnamese exports.  
2. The coordination shall be carried out as follows:  
a) Ministries, ministerial -level agencies, provincial -level People 's Committees and other 
competent state management agencies shall, within the ambit of their respective powers and 
functions, provide infor mation, documents and evaluation opinions at the request of the 
Ministry of Industry and Trade, and explain relevant contents when the foreign investigating 
authority conducts on -site investigation according to the coordination by the Ministry of 
Industry and Trade;  
b) Trade associations shall coordinate with the Ministry of Industry and Trade in monitoring 
information on export markets in order to assess the risks of foreign countries ' investigation 
and application of trade remedies to Vietnamese exports, report information relating to foreign 
countries ' investigation and application of trade remedies to their members, consider 
participation in the capacity as interested party in the ca ses, and carry out other activities at 
the request of the Ministry of Industry and Trade;  
c) The Viet Nam Chamber of Commerce and Industry shall, within the ambit of its functions 
and powers, coordinate with the Ministry of Industry and Trade in guiding an d assisting traders 
that are investigated or applied trade remedies by foreign countries, and carry out other 
assistance activities at the request of the Ministry of Industry and Trade;  
d) Overseas Vietnamese representative missions shall collect and monit or the information and 
notices of related authorities of the importing countries on their trade remedies and promptly 
report them to the Ministry of Industry and Trade, and assist in the inquiry about legal 
consultancy services at the request of the Minist ry of Industry and Trade;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  dd) The Ministry of Finance shall coordinate with the Ministry of Industry and Trade in carrying 
out trader assistance activities in accordance with the provisions of this Chapter, and request 
customs offices to promptly provide i mport and export data at the request of related agencies 
of the Ministry of Industry and Trade;  
e) The Ministry of Foreign Affairs shall coordinate with the Ministry of Industry and Trade in 
carrying out trader assistance activities in accordance with the provisions of this Chapter and 
direct the overseas Vietnamese representative missions to take the initiative in working with 
related authorities of the importing countries to study, monitor and synthesise information on 
the cases, and promptly report them to the Ministry of Industry and Trade and coordinate with 
the latter in preparing handling plans;  
g) The Ministry of Justice shall coordinate with the Ministry of Industry and Trade in carrying 
out trader assistance activities in accordance with the provis ions of this Chapter and 
coordinate in studying and evaluating regulations on trade remedies of the World Trade 
Organisation and other countries;  
h) Traders that have submitted written requests for assistance shall coordinate with the 
Ministry of Industry and Trade in handling the cases and be responsible for the information 
and documents provided to the Ministry of Industry and Trade.  
Chapter VII  
IMPLEMENTATION PROVISIONS  
Article 94. Effect  
1. This Decree takes effect on 15 January 2018.  
2. The following Decrees of the Government cease to be effective on the date this Decree takes 
effect:  
a) Decree No. 150/2003/ND -CP dated 8 December 2003 detailing the Ordinance on 
Safeguards in the Import of Foreign Products into Viet Nam;  
b) Decree No. 89/2005/ND -CP date d 11 July 2005 detailing a number of articles of the 
Ordinance on Countervailing Measures for Products Imported into Viet Nam;  
c) Decree No. 90/2005/ND -CP dated 11 July 2005 detailing a number of articles of the 
Ordinance on Anti -dumping for Products Impor ted into Viet Nam;  
d) Decree No. 04/2006/ND -CP dated 9 January 2006 on the establishment, functions, duties, 
powers and organisational structure of the Council for handling of anti -dumping, 
countervailing and safeguard cases.  
Article 95. Implementation res ponsibility  
1. The Minister of Industry and Trade shall organise the implementation of this Decree.  
2. The Ministry of Finance shall guide the procedures for collection and remittance into the state 
budget of the revenues from trade remedies applied to pro ducts imported into Viet Nam, and the 
procedures for refund of trade remedy duties.  
3. Ministers, heads of ministerial -level agencies, heads of government -attached agencies and 
chairpersons of provincial -level People 's Committees shall implement this Decre e. 
Article 96. Transitional provision  
From the effective date of this Decree, trade remedy cases of which competent state agencies receive 
complaint or investigation dossiers before that date will continue to be considered and settled G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  according to Decree N o. 150/2003/ND -CP dated 8 December 2003 detailing the Ordinance on 
Safeguards in the Import of Foreign Products into Viet Nam, Decree No. 89/2005/ND -CP dated 
11 July 2005 detailing a number of articles of the Ordinance on Countervailing Measures for Produc ts 
Imported into Viet Nam, or Decree No. 90/2005/ND -CP dated 11 July 2005 detailing a number of 
articles of the Ordinance on Anti -dumping for Products Imported into Viet Nam./.  
 
 ON BEHALF OF THE GOVERNMENT  
PRIME MINISTER  
 
Nguyen Xuan Phuc  
 
 
  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  THE NATIONAL ASSEMBLY  
 SOCIALIST REPUBLIC OF VIET NAM  
Independence – Freedom – Happiness  
 
No. 05/2017/QH14   
LAW 
ON FOREIGN TRADE MANAGEMENT  
Pursuant to the Constitution of the Socialist Republic of Viet Nam;  
The National Assembly promulgates the Law on Foreign Trade Management.  
Chapter I  
GENERAL PROVISIONS  
Article 1. Scope of regulation  
This Law prescribes measures to manage foreign trade and develop foreign trade activities; 
settlement of disputes about application of foreign trade management measures.  
Article 2. Subjects of application  
1. State management agencies.  
2. Traders engaging in foreign trade activities.  
3. Other related domestic and foreign organisations, individuals.  
Article 3. Interpretation of terms  
In this Law, the terms below are construe d as follows:  
1. Foreign trade activities  means international products purchase and sale activities which are carried 
out in the forms of export, import; temporary import for re -export; temporary export for re -import; 
border -gate transfer; and transit, and  other activities relating to international products purchase 
and sale activities in accordance with the law as well as treaties to which the Socialist Republic of 
Viet Nam is a contracting party.  
2. Technical measures  means measures applied to exports, im ports in accordance with the laws on 
product and products quality, standards and technical regulations, food safety, measurement.  
3. Quarantine measures  include measures of quarantine of animals and animal products, quarantine 
of plants, border health quar antine in accordance with the law on plant protection and quarantine, 
animal health, prevention and control of infectious diseases.  
4. Exclusive customs area means a given geographical area in the Vietnamese territory which is 
established under Vietnamese law and treaties to which the Socialist Republic of Viet Nam is a 
contracting party; has products trading and exchange relationship with the rest of the territory and 
foreign countries which is export, import relationship.  
5. Foreign trader without presenc e in Viet Nam  means a foreign trader that conducts no investment 
or business activities in Viet Nam in the forms prescribed in laws on investment, commerce, 
G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  enterprises; has no representative office or branch in Viet Nam in accordance with the laws on 
comm erce, enterprises.  
Article 4. Principles of state management of foreign trade  
1. The State shall manage foreign trade in accordance with Vietnamese law and treaties to which 
the Socialist Republic of Viet Nam is a contracting party.  
2. Assurance of transpa rency, publicity, fairness and simplifies administrative procedures; guarantee 
of lawful rights and interests of the State and traders of all economic sectors; promotion of the 
development of domestic production and export in association with management of  import.  
3. Full compliance with the principles of most -favoured nation treatment and national treatment in 
foreign trade activities in accordance with Vietnamese law and treaties to which the Socialist Republic 
of Viet Nam is a contracting party.  
Article 5. Right to freedom of export and import business  
1. The right to freedom of export and import business of Vietnamese traders other than foreign -
invested economic organisations is prescribed as follows:  
a) Traders may conduct export and import business and  carry out other related activities 
regardless of their registered business sectors or trades, except for products on the List of 
products banned from export or import and products suspended from export or import;  
b) When exporting or importing products un der permits or prescribed conditions, traders must 
satisfy the requirements on permits, conditions;  
c) Branches of Vietnamese traders may carry out foreign trade activities as authorised by 
these traders.  
2. The right to freedom of export and import busine ss of Vietnamese traders that are foreign -
invested economic organisations or Viet Nam -based branches of foreign traders is prescribed as 
follows:  
a) Traders may exercise the right to export or the right to import in accordance with this Law 
and treaties to  which the Socialist Republic of Viet Nam is a contracting party.  
The Ministry of Industry and Trade shall announce the List of products and the roadmap for 
exercise of the right to export or the right to import these products in accordance with treaties 
to which the Socialist Republic of Viet Nam is a contracting party;  
b) Traders may exercise the right to export through purchasing products in Viet Nam for export 
abroad by undersigning export declarations in order to  carry out and take responsibility for 
export -related procedures. The right to export does not cover the right to organise a network 
to purchase products in Viet Nam for export;  
c) Traders may exercise the right to import products from abroad into Viet Nam  for sale to 
traders that have the right to distribute such products in Viet Nam by undersigning import 
declarations in order to carry out and take responsibility for import -related procedures. 
The right to import does not cover the right to organise or pa rticipate in a network to distribute 
products in Viet Nam.  
3. Foreign traders without presence in Viet Nam and other related organisations and individuals of 
the countries and territories (hereinafter collectively referred to as countries) that are members  of 
the World Trade Organisation and countries that have concluded bilateral agreements with Viet Nam 
have the right to export and the right to import as prescribed in the Vietnamese law and treaties to 
which the Socialist  Republic of Viet Nam is a contrac ting party.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  4. Exports and imports shall be prescribed and publicised in detail corresponding to their 
classification on Viet Nam 's Exports and Imports Classification Nomenclature in accordance with the 
customs law.  
5. The Government shall detail Points b  and c, Clause 2, and Clause 3 of this Article.  
Article 6. State management responsibilities regarding foreign trade  
1. The Government shall perform the unified state management of foreign trade.  
2. The Ministry of Industry and Trade shall act as the focal point to assist the Government in 
performing the state management of foreign trade and has the following tasks and powers:  
a) To submit to competent state agencies for approval and promulgation of strategies, plans 
and policies on management and deve lopment of foreign trade activities, development of 
regional and world markets, and economic integration in each period; to decide on the 
implementation of a number of management measures in accordance with this Law;  
b) To promulgate or submit to competent  state agencies for promulgation of legal documents 
on foreign trade management;  
c) To guide, disseminate, organise the implementation of, and examine and evaluate legal 
documents on and measures of foreign trade management in accordance with the law;  
d) To provide information relating to foreign trade activities and foreign trade management in 
accordance with the law on access to information;  
dd) To manage the operation of foreign trade -promotion organisations in Viet Nam;  
e) To provide operational inst ructions for trade representations under overseas representative 
missions of the Socialist Republic of Viet Nam (hereinafter referred to as trade 
representations);  
g) To assist the Government and the Prime Minister in negotiating, concluding, and 
coordinat ing the implementation of, treaties in the field of foreign trade; to conduct 
negotiations on opening export markets, deal with barriers to exports within its competence, 
and conduct general supervision of the implementation of treaties by partners;  
h) To advise the Government on the settlement of disputes about application of foreign trade 
management measures;  
i) To conduct inspection and examination, settle complaints and denunciations, and handle 
violations of the law on foreign trade management accordi ng to its competence;  
k) To take technical measures within the ambit of its tasks and powers in accordance with the 
law.  
3. Within the ambit of their tasks and powers, ministries and ministerial -level agencies have the 
following responsibilities:  
a) To assume the prime responsibility for, and coordinate in, negotiating treaties and 
supervising the implementation of commitments by partners, and deal with barriers to exports 
within the ambit of their competence; to manage foreign trade and develop foreign trade 
activities in accordance with the law; to report and share information on foreign trade  
activities and foreign trade management;  
b) The Ministry of Finance shall assume the prime responsibility for, and coordinate  with 
related agencies in, formulati ng and submitting to competent authorities for promulgation of, 
and guide and examine the implementation of, legal documents on taxes, charges and fees 
for exports and imports; coordinate with related ministries, ministerial -level agencies, 
organisations a nd individuals in formulating laws and policies concerning foreign trade G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  management in accordance with this Law and other relevant laws; and direct customs offices 
to conduct examination and supervision and compile statistics of exports and imports in 
accordance with the customs law;  
c) The Ministry of Agriculture and Rural Development shall assume the prime responsibility 
for, and coordinate with related ministries, ministerial -level agencies, organisations and 
individuals in, proposing, formulating, and o rganising the implementation of, animal and plant 
quarantine and food safety measures and foreign trade development  measures within the 
ambit of their tasks and powers in accordance with law;  
d) The Ministry of Health shall assume the prime responsibility for, and coordinate with related 
ministries, ministerial -level agencies, organisations and individuals in, proposing, formulating, 
and organising the implementation of, border health quarantine and food safety measures and 
foreign trade development measure s within the ambit of  their tasks and powers in accordance 
with law;  
dd) The Ministry of Science and Technology shall assume the prime responsibility for, and 
coordinate with related ministries, ministerial -level agencies, organisations and individuals in , 
proposing, formulating, and organising the implementation of, technical measures within the 
ambit of their tasks and powers in accordance with law.  
4. Within the ambit of their tasks and powers, provincial -level administrations have the following 
respons ibilities:  
a) To perform the state management of foreign trade in their localities in accordance with this 
Law and as decentralised by the Government, the Prime Minister, ministries or ministerial -
level agencies;  
b) To assume the prime responsibility for , and coordinate with related organisations and 
individuals in, proposing foreign trade development schemes and projects in their localities;  
c) To direct their attached specialised agencies to conduct inspection and examination and 
handle violations comm itted in the state management of foreign trade in their localities;  
d) To maintain, update, and provide information for information systems on export and import 
management and trade promotion;  
dd) To make or direct their attached specialised agencies to m ake periodical and extraordinary 
reports serving the state management of foreign trade in their localities.  
Article 7. Prohibited acts in foreign trade management  
1. Abusing positions or powers to commit acts against the law on foreign trade management, 
obstruct lawful export and import business activities, or infringe upon the right to freedom of export 
or import business of traders prescribed in Article 5 of this Law.  
2. Applying foreign trade management measures ultra vires or in contravention of the pr escribed 
order and procedures.  
3. Illegally disclosing confidential information of traders.  
4. Exporting or importing products banned or suspended from export or import, except in cases 
specified in Clause 2, Article 10, and Clause 1, Article 14, of this Law; products  subject to export or 
import permits or conditions without any permit or fully satisfying the prescribed conditions; 
products not through designated border gates; products without undergoing customs procedures or 
products with fraudulent quant ity, volume, category or origin declaration upon customs clearance; 
or products having no stamp as prescribed by the law.  
5. Exporting or importing products in violation of Clauses 2 and 3, Article 5 of this Law.  
6. Falsifying or forging papers relating t o foreign trade management activities.  
[…] G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Chapter IV  
TRADE REMEDIES  
Section 1  
GENERAL PROVISIONS  
Article 67. Trade remedies  
1. Trade remedies include anti -dumping, countervailing and safeguard measures which the Minister 
of Industry and Trade decides to apply to imports into Viet Nam on a case -by-case basis.  
2. The Government shall prescribe in detail methods of determining injury to a domestic industry; 
anti-circumvention of trade remedies; grounds for initiating, and the order, procedures, time limit, 
contents, and grounds for termination of, investigations of trade remedy cases (hereinafter referred 
to as investigations); application and review of trade remedies; identification of subsidies and 
countervailing measures; responsibilities of related agenci es to coordinate with one another in the 
investigation process; and handling of trade remedies applied against Vietnamese exports.  
3. The Minister of Industry and Trade shall prescribe in detail interested parties in investigation 
cases, the provision, col lection and confidentiality of information and documents; spoken and written 
languages used in the investigation process; management of the import of products under 
investigation for application of trade remedies; and cases of exemption from trade remedies . 
Article 68. Principles of application of trade remedies  
1. Trade remedies shall be applied within a scope or to an extent as necessary and reasonable and 
within a given period with a view to protecting, preventing, or limiting injury to, a domestic indus try. 
2. Trade remedies shall only be applied after an investigation has been conducted in a transparent, 
fair and lawful manner, and based on the investigation determinations.  
3. Decisions on investigation and application of trade remedies shall be publicl y announced.  
4. If the official duty rate of a trade remedy is higher than the provisional one, the duty difference 
shall not be collected.  
5. If the official duty rate of a trade remedy is lower than the provisional one, the duty difference 
shall be refun ded. 
6. In case the Minister of Industry and Trade decides not to apply an official trade remedy, the 
collected provisional duty or the amount deposited to secure payment of provisional duty shall be 
refunded.  
Article 69. Injury to a domestic industry  
1. A domestic industry means a group of producers of like products within the Vietnamese territory 
or their representatives that manufacture products making up a major percentage in the total output 
of domestically manufactured products of such industry. A do mestic producer that directly imports 
products under investigation or has relations with exporters or importers of products under 
investigation might not be considered a domestic producer.  
Like products are products that have all properties resembling thos e of the products under 
investigation. If such products are not available, like products are products that have many basic 
properties resembling those of the products under investigation.  
2. Injury to a domestic industry shall be determined as follows:  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  a) Material injury to a domestic industry is a situation in which a domestic industry experiences 
a material decline or retarded growth in its production and business;  
b) Threat of material injury to a domestic industry is an immediate, clear and provable 
possibility of causing material injury to a domestic industry;  
c) Impediment to the formation of a domestic industry is a situation that leads to difficulties 
to the formation of a domestic industry;  
d) Serious injury to a domestic industry is a situation in which a domestic industry experiences 
an overall decline in its production and business activities;  
dd) Threat of serious injury to a domestic industry is an immediate, clear and provable 
possibility of causing serious injury to a domestic industry.  
Articl e 70. Order and procedures for investigation of trade remedy cases  
1. Organisations or individuals representing a domestic industry may submit a dossier of request for 
application of trade remedies if seeing that products are dumped or subsidised upon impo rt or are 
excessively imported, thus causing injury to that domestic industry.  
2. Within 45 days from the date of issuance of a notice of a valid dossier, based on the proposal of 
the trade remedy investigating authority (hereinafter referred to as the inv estigating authority), the 
Minister of Industry and Trade shall issue a decision to initiate or not to initiate an investigation. In 
special cases, this time limit may be extended once for no more than 30 days.  
3. The time limit for investigation is prescr ibed as follows:  
a) An investigation for application of anti -dumping or countervailing measures may last up to 
12 months from the date of issuance of an investigation decision. In special cases, the Minister 
of Industry and Trade may extend this time limit , provided the total period of investigation 
must not exceed 18 months;  
b) An investigation for application of safeguard measures will last up to 9 months from the 
date of issuance of an investigation decision. In special cases, the Minister of Industry an d 
Trade may extend this time limit, provided the total period of investigation must not exceed 
12 months.  
4. Consultation in the investigation process is prescribed as follows:  
a) Interested parties in an investigation case are entitled to present in writing information and 
opinions relating to such case to the investigating authority;  
b) The investigating authority shall provide consultation opportunities for interested parties 
when receiving the latter 's written request under Point a of this Clause;  
c) Before announcing its final determination, the investigating authority may hold a public 
consultation for interested parties to present information and opinions relating to the 
investigation case.  
5. The notification responsibility is prescribed as foll ows: 
a) Within 15 days from the date the Minister of Industry and Trade issues a decision to initiate 
an anti -dumping or countervailing investigation, the investigating authority shall notify the 
investigation to the government of the country of the relate d producer/exporter and other 
interested parties;  
b) The investigating authority shall publicly announce its preliminary investigation 
determination, final investigation determination, approval of commitments and termination of 
investigation to interested parties in an investigation case;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  c) The investigating authority shall perform other notification obligations under treaties to 
which the Socialist Republic of Viet Nam is a contracting party.  
Article 71. Termination of investigation of trade remedy cases  
The Minister of Industry and Trade shall decide to terminate investigation in the following cases:  
1. An organisation or individual that submits a dossier of request for application of trade remedies 
voluntarily withdraws such dossier;  
2. The investigating  authority 's preliminary determination states that no injury is caused or there is 
no threat of injury to a domestic industry or there is no impediment to the formation of a domestic 
industry;  
3. The investigating authority 's final determination states one  of the following contents:  
a) The imported products under investigation are neither dumped nor subsidised or such 
products are not excessively imported;  
b) No injury is caused to a domestic industry as prescribed in Clause 2, Article 69 of this Law;  
c) Th ere is no causal relationship between the import of products which are claimed to be 
dumped or subsidised or excessively imported and the extent of injury or threat of injury to a 
domestic industry or the impediment to the formation of a domestic industry;  
4. The investigating authority has reached agreement with the competent authority of the country 
having the products claimed to be subsidised upon import into the Vietnamese territory on removal 
of the subsidy.  
Article 72. Anti -circumvention of trade reme dies 
1. Circumvention of a trade remedy means an act aiming to circumvent part or the whole of the 
obligation to comply with a trade remedy currently in force with regard to the products subject to 
this remedy upon import into the Vietnamese territory.  
2. A trade remedy currently in force may be expanded in the case the investigating authority 
identifies an act of circumvention of a trade remedy.  
3. The investigating authority may initiate an investigation against an act of circumvention of a trade 
remedy a t the request of the representative of a domestic industry or based on information it has 
acquired.  
4. Based on the investigating authority 's conclusion, the Minister of Industry and Trade shall issue 
a decision to apply measures for anti -circumvention of trade remedies for investigated products or 
their components imported from related countries.  
Article 73. The investigating authority  
1. The investigating authority shall be established by the Government as part of the organisational 
structure of the Minis try of Industry and Trade.  
2. The investigating authority has the following tasks and powers:  
a) To receive dossiers of request for investigation for application of trade remedies and notify 
whether or not they are valid or request their supplementation;  
b) To propose to the Minister of Industry and Trade for the issuance of a decision to initiate 
or not to initiate an investigation for application of trade remedies;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  c) To organise investigations for application of trade remedies and against acts of shirking 
trade remedies;  
d) To propose to the Minister of Industry and Trade for the issuance of a decision to apply 
trade remedies; to apply measures for anti -circumvention of trade remedies; to change trade 
remedies based on investigation conclusions or review conclusions;  
dd) To review trade remedies;  
e) To propose to the Minister of Industry and Trade for termination of investigation or 
termination of the application of trade remedies;  
g) To assume the prime responsibility for participating in the settl ement of disputes at bilateral 
and multilateral mechanisms in the investigation for application of trade remedies against 
imports into Viet Nam and Vietnamese exports;  
h) To assume the prime responsibility for assisting and responding to cases in which 
Vietnamese exports are investigated for application of trade remedies;  
i) To assume the prime responsibility for working out plans on, and negotiating compensations 
in cases of investigation for application of safeguard measures against imports into the 
Vietnamese territory;  
k) To inspect and examine the implementation of trade remedies by organisations and 
individuals involved in the investigation and application of trade remedies;  
l) Other tasks and powers as prescribed by law.  
3. The head of the investigati ng authority shall be appointed, relieved from office or dismissed by 
the Minister of Industry and Trade and shall direct this body to perform the tasks and exercise the 
powers defined in Clause 2 of this Article.  
4. The Minister of Industry and Trade shal l define the tasks, powers and organisational structure of 
the investigating authority.  
Article 74. Interested parties in investigation cases  
1. Interested parties in an investigation case include:  
a) Overseas organisations and individuals that manufacture  and export products under 
investigation into the Vietnamese territory;  
b) Organisations and individuals that import products under investigation;  
c) Foreign associations with a majority of their members being organisations and individuals 
that manufacture  and export products under investigation;  
d) The government and competent authorities of the country that exports products under 
investigation;  
dd) Organisations or individuals that submit a dossier of request for application of trade 
remedies;  
e) Domestic  organisations or individuals that manufacture like products;  
g) Domestic associations with a majority of their members being organisations or members 
that manufacture like products;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  h) Other organisations and individuals that have lawful rights and intere sts related to the 
investigation case or can assist in the investigation process or representative organisations 
that protect consumer interests.  
2. Organisations and individuals shall register with and obtain approval from the investigating 
authority in o rder to become interested parties in an investigation case.  
3. Interested parties in an investigation case may have access to information and documents 
provided by other interested parties to the investigating authority, except information and 
documents pr escribed in Clause 2, Article 75 of this Law.  
Article 75. Provision and collection of information and documents and confidentiality in 
the investigation of trade remedy cases  
1. Interested parties in an investigation case shall provide necessary informatio n and documents at 
the request of the investigating authority.  
2. In the investigation process, the investigating authority and persons entitled to access information 
and documents relating to the investigation case shall keep such information and document s 
confidential at the request of information and document providers.  
3. When necessary, the investigating authority may solicit an expert assessment or examine and 
verify the authenticity of information and documents provided by interested parties or colle ct 
additional information and documents necessary for the settlement of a trade remedy case. The 
investigating authority may conduct on -site investigations, including overseas investigations.  
4. In case the to -be-investigated party does not allow the investigating authority to access or refuses 
to provide information and documents that are important to the investigation, the investigating 
authority may use information and documents provided by interested parties or collected by itself 
or available info rmation and documents to make investigation conclusions.  
Article 76. Handling of cases in which Vietnamese exports are investigated for application 
of or applied with trade remedies  
1. In the case a Vietnamese trader is investigated for application or appl ied with a trade remedy by 
the importing country, the Ministry of Industry and Trade shall, at the proposal of the related line 
association and trader, assume the prime responsibility for, and coordinate with other ministries, 
ministerial -level agencies an d competent state management agencies in, carrying out within the 
ambit of their respective tasks and powers the following activities to assist the trader:  
a) Providing information relating to the case;  
b) Exchanging information with the importing country that is conducting an investigation or 
applying a trade remedy against Vietnamese exports;  
c) Initiating a lawsuit against the importing country when detecting a violation of the relevant 
treaty to which the Socialist Republic of Viet Nam is a contracting party;  
dd) Carrying out other support activities in accordance with law.  
2. In the case a Vietnamese trader is investigated for application of countervailing measures by the 
importing country, the Ministry of Industry and Trade shall assume the prime respo nsibility for, and 
coordinate with related ministries, ministerial -level agencies and provincial -level People 's 
Committees in, working out a plan for coordination with the foreign investigating authority in 
accordance with the relevant treaty to which the Socialist Republic of Viet Nam is a contracting party.  
3. In the case a Vietnamese trader is investigated for application of safeguard measures by the 
importing country, the Ministry of Industry and Trade shall assume the prime responsibility for, and 
coordinate with related ministries, ministerial -level agencies, organisations and individuals in, 
working out a plan on claim for compensation or retaliation in accordance with the relevant treaty 
to which the Socialist Republic of Viet Nam is a contracting pa rty. G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Section 2  
ANTI -DUMPING AGAINST IMPORTS INTO VIET NAM  
Article 77. Anti -dumping measures  
1. Anti -dumping measures against products imported into Viet Nam (hereinafter referred to as anti -
dumping measures) are measures which are applied in the case the i mported products are identified 
as being dumped into Viet Nam, causing material injury or threatening to cause material injury to a 
domestic industry or impeding the formation of a domestic industry.  
2. Products shall be identified as being dumped when the y are imported into Viet Nam at prices 
lower than the comparable normal values of like products sold in the exporting country or in a third 
country in the ordinary course of trade or at values determined by the investigating authority by the 
self-calculati on method.  
3. Anti -dumping measures include:  
a) Imposition of anti -dumping duties;  
b) Commitment on measures to eliminate dumping by the organisation or individual 
manufacturing and exporting the products requested to be applied with anti -dumping 
measures with the Vietnamese investigating authority or with domestic producers when so 
approved by the investigating authority.  
Article 78. Conditions for application of anti -dumping measures  
1. Anti -dumping measures shall be applied to imports when the following conditions are fully met:  
a) Imports into Viet Nam are dumped with a specified dumping margin, except the case 
referred to in Clause 2 of this Article;  
b) A domestic industry suffers material injury or is threatened to suffer material injury or its 
formati on is impeded;  
c) There exists a causal relationship between the import of dumped products prescribed in 
Point a of this Clause and the injury caused to a domestic industry referred to in Point b of 
this Clause.  
2. No anti -dumping measures shall be applied  to imports with a dumping margin not exceeding 2% 
of their export prices to Viet Nam.  
3. If the volume or quantity of imports originating from a country does not exceed 3% of the total 
volume or quantity of similar imports into Viet Nam and the aggregate volume or quantity of products 
originating from countries that satisfy the above condition does not exceed 7% of the total volume 
or quantity of similar imports into Viet Nam, these countries will be excluded from the scope of 
application of anti -dumping m easures.  
Article 79. Grounds for initiating investigations for application of anti -dumping measures  
1. An investigation for application of anti -dumping measures shall be initiated when organisations 
or individuals representing a domestic industry submit a dossier of request for application of these 
measures.  
2. Organisations or individuals that submit a dossier of request for application of anti -dumping 
measures shall be regarded as representing a domestic industry when all the following conditions 
are fully met:  
a) The total volume or quantity of like products manufactured by the domestic producers that 
submit the dossier and domestic producers that support the request for application of G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  anti-dumping measures is larger than the total volume or quantity of like products 
manufactured by the domestic producers that oppose such request;  
b) The total volume or quantity of like products manufactured by the domestic producers that 
submit the dossier and domestic producers that support the request for applicatio n of 
anti-dumping measures accounts for at least 25% of the total volume or quantity of like 
products manufactured by the domestic industry concerned.  
3. The Minister of Industry and Trade shall decide to initiate an investigation when having 
conspicuous e vidence that the import of dumped products causes material injury or threatens to 
cause material injury to a domestic industry or impedes the formation of a domestic industry.  
Article 80. Contents of investigation for application of anti -dumping measures  
1. Determination of dumped imports into Viet Nam and dumping margin covers:  
a) Determination of normal values;  
b) Determination of export prices;  
c) Fair comparison between normal values and export prices and determination of the specific 
dumping margin of the to -be-investigated products for every organisation or individual 
manufacturing and exporting these products (hereinafter referred to as producer/exporter).  
2. Identification of material injury or threat of causing material injury to a domestic industry  or 
identification of the impediment to the formation of a domestic industry.  
3. Determination of the causal relationship between the import of the dumped products and material 
injury or threat of causing material injury to a domestic industry or the imped iment to the formation 
of a domestic industry.  
4. Identification of socio -economic impacts of anti -dumping measures.  
Article 81. Application of anti -dumping measures  
1. The application of provisional anti -dumping duties shall be decided by the Minister of Industry 
and Trade based on the preliminary determination of the investigating authority. Provisional anti -
dumping duty rates must not exceed the dumping margin stated in the preliminary determination.  
The time limit for imposition of provisional anti -dump ing duties is 120 days from the effective date 
of the decision on imposition of provisional anti -dumping duties. At the request of exporters of like 
products into Viet Nam, the Minister of Industry and Trade may extend this time limit for not more 
than 60 days.  
2. The application of commitment measures is prescribed as follows:  
a) After the preliminary determination is made and before the investigation finishes, the 
producer/exporter of the investigated products may make a commitment with the 
investigating authority that he/she/it will voluntarily adjust the selling prices or limit the 
volume or quantity of the investigated products exported to Viet Nam;  
b) The investigating authority may accept or reject the commitment or request adjustment of 
the commitmen t after consulting organisations or individuals representing the domestic 
industry concerned.  
3. The imposition of anti -dumping duties is prescribed as follows:  
a) If no commitment is made under Clause 2 of this Article, after finishing the investigation, 
the investigating authority shall announce its final determination on the investigation contents 
specified in Article 80 of this Law. The investigating authority 's final determination and major G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  grounds for making such determination shall be notified via an  appropriate means to 
interested parties in the investigation case;  
b) Based on the investigating authority 's final determination, the Minister of Industry and 
Trade shall issue a decision to impose or not to impose anti -dumping duties;  
c) Anti -dumping dut y rates must not exceed the dumping margin stated in the final 
determination;  
d) The time limit for imposition of anti -dumping duties is 5 years from the effective date of 
the decision on imposition of anti -dumping duties, except the case of extension spec ified in 
Clause 2, Article 82 of this Law.  
4. The imposition of retrospective anti -dumping duties is prescribed as follows:  
a) In the case the investigating authority 's final determination affirms that there is material 
injury or a threat of causing material injury to a domestic industry, the Minister of Industry 
and Trade may decide to impose retrospective anti -dumping duties;  
b) Retrospective anti -dumping duties shall be imposed on products imported within 90 days 
before the imposition of provisiona l antidumping duties if the imports are concluded as being 
dumped; the volume or quantity of dumped imports into Viet Nam sees an unusual increase 
in the period from the time of commencement of the investigation to the time of imposition of 
provisional ant i-dumping duties, causing hardly remediable injury to a domestic industry.  
Article 82. Review of the application of anti -dumping measures  
1. A review at the request of interested parties in an investigation case is prescribed as follows:  
a) After 1 year fr om the date of issuance of a decision on application of anti -dumping 
measures, the Minister of Industry and Trade may decide to review the application of these 
measures at the request of one or more than one interested party in the investigated case 
and af ter considering the evidence provided by the requester;  
b) The performance of review -related procedures must not impede the application of 
anti-dumping measures currently in force;  
c) The time limit for a review prescribed in this Clause is 6 months from t he date of issuance 
of the review decision and, when necessary, may be extended once for not more than 3 
months.  
2. Sunset review is prescribed as follows:  
a) One year before the expiration of the time limit for application of anti -dumping measures, 
the Mi nister of Industry and Trade shall issue a decision to conduct sunset review of such 
application;  
b) The review aims to assess the necessity, reasonability and socio -economic impacts of the 
continued application of anti -dumping measures;  
c) Based on the in vestigating authority 's review result, the Minister of Industry and Trade shall 
issue a decision to extend or not to extend the time limit for application of anti -dumping 
measures;  
d) The time limit for sunset review is 09 months from the date of issuance of the review 
decision and, when necessary, may be extended once for not more than 3 months.  
3. Review for foreign producers/exporters that export products under investigation to the 
Vietnamese territory after the initial phase of investigation (hereinafte r referred to as new exporters) 
is prescribed as follows:  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  a) A new exporter may submit a dossier requesting the investigation body to conduct a review 
and determine a separate anti -dumping duty rate;  
b) Based on the investigating authority 's review result,  the Minister of Industry and Trade 
shall issue a decision to apply a separate antidumping duty rate to the reviewed new exporter;  
c) The time limit for review for a new exporter is 3 months from the date of issuance of the 
review decision and, when necess ary, may be extended once for not more than 3 months.  
4. Review of the range of products subject to anti -dumping measures is prescribed as follows:  
a) Interested parties in an investigation case may request the investigating authority to review 
the range o f products subject to anti -dumping measures;  
b) A dossier of request for review must include evidence and information proving that the 
application of anti -dumping measures to all the products is inappropriate;  
c) Based on the investigating authority 's revi ew conclusion, the Minister of Industry and Trade 
shall decide to adjust the range of products subject to anti -dumping measures;  
d) The time limit for review of the range of products subject to antidumping measures is 06 
months from the date of issuance of  the review decision and, when necessary, may be 
extended once for not more than 03 months.  
Section 3  
COUNTERVAILING AGAINST IMPORTS INTO VIET NAM  
Article 83. Countervailing measures  
1. Countervailing measures against imports into Viet Nam (hereinafter referred to as countervailing 
measures) are measures which are applied in the case subsidised imports into Viet Nam cause 
material injury or threaten to cause material injury to a domestic industry or impede the formation 
of a domestic industry.  
2. Counter vailing measures include:  
a) Imposition of countervailing duties;  
b) Commitment made by an organisation or individual or the government of the 
manufacturing/exporting country with a competent Vietnamese state agency on voluntary 
termination of subsidies, r eduction of subsidy levels, or commitment to adjust export prices;  
c) Other countervailing measures.  
Article 84. Subsidies  
Subsidy means a contribution made in the following forms by the government or any public 
organisation of the country having imports i nto Viet Nam which brings benefits to the subsidy -
receiving organisation or individual:  
1. The Government actually transfers funds directly to the organisation or individual or directly 
undertakes indebtedness for the latter;  
2. The Government ignores or d oes not collect the amounts which the organisation or individual is 
obliged to pay to the Government;  
3. The Government provides the organisation or individual with assets, products or services other 
than common infrastructure facilities;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  4. The Government  purchases assets, products or services from the organisation or individual at 
prices higher than market prices;  
5. The Government sells assets, products or services to the organisation or individual at prices lower 
than market prices;  
6. The Government co ntributes funds to a financing facility; entrusts, assigns or directs and requests 
a private organisation to perform one or more than one activity specified in Clauses 1 through 5 of 
this Article which normally belongs to its functions and is actually not different from its routine 
activities;  
7. Any form of support in terms of income or price;  
8. Any other form of subsidy other than those referred to in Clauses 1 through 7 of this Article, which 
has been determined on the principles of fairness, reasonabil ity, and non -violation of treaties to 
which the Socialist Republic of Viet Nam is a contracting party.  
Article 85. Subsidies likely to be subject to countervailing measures  
The following subsidies are likely to be subject to countervailing measures, unless  otherwise provided 
by treaties to which the Socialist Republic of Viet Nam is a contracting party:  
1. Subsidies based on export results;  
2. Subsidies aiming to prioritise the use of home -made products over imports;  
3. Subsidies referred to in Article 84 o f this Law which nullify or affect the interests which Viet Nam 
is directly or indirectly entitled to under treaties to which the Socialist Republic of Viet Nam is a 
contracting party.  
Article 86. Conditions for application of countervailing measures  
1. Co untervailing measures shall be applied to imports when all the following conditions are fully 
satisfied:  
a) The products are identified as being subsidised under Articles 84 and 85 of this Law with 
specific subsidy levels, except the case specified in Clau se 2 of this Article;  
b) A domestic industry suffers material injury or is threatened to suffer material injury or its 
formation is impeded;  
c) There exists a causal relationship between the import of subsidised products specified in 
Point a of this Clause  and the injury caused to a domestic industry referred to in Point b of 
this Clause.  
2. Countervailing measures shall not be applied to producers/exporters in developed countries that 
have a subsidy not exceeding 1% of the price of exports to Viet Nam, pro ducers/exporters in 
developing countries that have a subsidy not exceeding 2% of the price of exports to Viet Nam, and 
producers/exporters in underdeveloped countries that have a subsidy not exceeding 3% of the price 
of exports to Viet Nam.  
3. In the case the volume or quantity of imports originating from a developing country does not 
exceed 4% of the total volume or quantity of similar imports into Viet Nam and the aggregate volume 
or quantity of products originating from developing countries that satisfy the above condition does 
not exceed 9% of the total volume or quantity of similar imports into Viet Nam, these countries will 
be excluded from the scope of application of countervailing measures.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Article 87. Grounds for initiating investigations for applic ation of countervailing measures  
1. An investigation for application of countervailing measures shall be initiated when organisations 
or individuals representing a domestic industry submits a dossier of request for application of these 
measures.  
2. Organis ations or individuals that submit a dossier of request for application of countervailing 
measures shall be regarded as representing a domestic industry when all the following conditions 
are fully satisfied:  
a) The total volume or quantity of like products of the domestic producers that submit the 
dossier and domestic producers that support the request for application of countervailing 
measures is larger than the total volume or quantity of like products of the domestic producers 
that oppose such request;  
b) The total volume or quantity of like products of the domestic producers that submit the 
dossier and domestic producers that support the request for application of countervailing 
measures accounts for at least 25% of the total volume or quantity of like pr oducts 
manufactured by the domestic industry concerned.  
3. The Minister of Industry and Trade shall decide to initiate an investigation when having 
conspicuous evidence that the import of subsidised products causes material injury or threatens to 
cause mat erial injury to a domestic industry or impedes the formation of a domestic industry.  
Article 88. Contents of investigation for application of countervailing measures  
1. Determination of subsidised imports into Viet Nam and subsidy levels covers:  
a) Determi nation of the value of subsidies;  
b) Determination of export prices;  
c) Determination of specific subsidy levels for each foreign producer/exporter.  
2. Identification of material injury or the threat of material injury to a domestic industry or 
identificat ion of the impediment to the formation of a domestic industry covers:  
a) Determination of the volume or quantity of subsidised imports and their impacts on the 
prices of like products in the domestic market;  
b) Identification of impacts of subsidised impor ts on a domestic industry.  
3. Determination of the causal relationship between the import of subsidised products and the 
material injury or threat of material injury to a domestic industry or impediment to the formation of 
a domestic industry.  
4. Identific ation of socio -economic impacts of countervailing measures.  
Article 89. Application of countervailing measures  
1. The imposition of provisional countervailing duties shall be decided by the Minister of Industry 
and Trade based on the preliminary determinat ion of the investigating authority. Provisional 
countervailing duty rates must not exceed the subsidy levels stated in the preliminary determination.  
The time limit for imposition of provisional countervailing duties is 120 days from the effective date 
of the decision on imposition of provisional countervailing duties. The Minister of Industry and Trade 
may extend such time limit for not more than 60 days.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  2. The application of commitment measures is prescribed as follows:  
a) After the preliminary determina tion is made and before the investigation finishes, the 
producer/exporter of investigated products or the government of the subsidy -providing 
country may make a commitment with the investigating authority that he/she/it will 
voluntarily terminate the provi sion of subsidies, reduce subsidy levels, adjust export prices or 
apply other appropriate measures;  
b) The investigating authority may accept or reject the commitment or request adjustment of 
the commitment after consulting organisations or individuals rep resenting the domestic 
industry concerned.  
3. The imposition of countervailing duties is prescribed as follows:  
a) If no commitment is made under Clause 2 of this Article, after finishing the investigation, 
the investigating authority shall announce its fi nal determination on the investigation contents 
specified in Article 80 of this Law. The investigating authority 's final determination and major 
grounds for making such conclusion shall be notified via an appropriate means to interested 
parties;  
b) Based o n the investigating authority 's final determination, the Minister of Industry and 
Trade shall issue a decision to impose or not to impose countervailing duties;  
c) Countervailing duty rates must not exceed the subsidy levels stated in the final 
determination;  
d) The time limit for imposition of countervailing duties is 5 years from the effective date of 
the decision on imposition of countervailing duties, except the case of extension specified in 
Clause  2, Article 90 of this Law.  
4. The impositio n of retrospective countervailing duties is prescribed as follows:  
a) In the case the investigating authority 's final determination identifies material injury or a 
threat of material injury to a domestic industry, the Minister of Industry and Trade may dec ide 
to impose retrospective countervailing duties;  
b) Retrospective countervailing duties shall be imposed on products imported within 90 days 
before the imposition of provisional countervailing duties if these products are concluded as 
being subsidised; t he volume or quantity of subsidised imports into Viet Nam sees an unusual 
increase in the period from the time of commencement of the investigation to the time of 
imposition of provisional countervailing duties, causing hardly remediable injury to a domest ic 
industry.  
5. The application of other countervailing measures must comply with treaties to which the Socialist 
Republic of Viet Nam is a contracting party or principles of international law.  
Article 90. Review of the application of countervailing measur es 
1. The review at the request of interested parties in an investigation case is prescribed as follows:  
a) After 01 year from the date of issuance of a decision on application of countervailing 
measures, the Minister of Industry and Trade may decide to re view the application of these 
measures at the request of one or more than one interested party in the investigation case 
and after considering the evidence provided by the requester;  
b) The performance of review -related procedures must not impede the appli cation of 
countervailing measures currently in force;  
c) The time limit for a review prescribed in this Clause is 6 months from the date of issuance 
of the review decision and, when necessary, may be extended once for not more than 
3 months.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  2. Sunset revi ew is prescribed as follows:  
a) One year before the expiration of the time limit for application of countervailing measures, 
the Minister of Industry and Trade shall issue a decision to conduct sunset review of such 
application;  
b) The review aims to asse ss the necessity, reasonability and socio -economic impacts of the 
continued application of countervailing measures;  
c) Based on the investigating authority 's review result, the Minister of Industry and Trade shall 
issue a decision to extend or not to exten d the time limit for application of countervailing 
measures;  
d) The time limit for sunset review is 9 months from the date of issuance of the review decision 
and, when necessary, may be extended once for not more than 3 months.  
3. Review for new exporters is prescribed as follows:  
a) A new exporter may submit a dossier requesting the investigation body to conduct a review 
and determine a separate countervailing duty rate;  
b) Based on the investigating authority 's review result, the Minister of Industry and Trade 
shall issue a decision to apply a separate countervailing duty rate to the reviewed new 
exporter;  
c) The time limit for a review for the new exporter is 03 months from the date of issuance of 
the review decision and, when necessary, may be extended o nce for not more than 3 months.  
4. Review of the range of products subject to countervailing measures is prescribed as follows:  
a) Interested parties in an investigation case may request the investigating authority to review 
the range of products subject t o countervailing measures;  
b) A dossier of request for review must include evidence and information proving that the 
application of countervailing measures to all the products is inappropriate;  
c) Based on the investigating authority 's review conclusion, the Minister of Industry and Trade 
shall decide to adjust the range of products subject to countervailing measures;  
d) The time limit for a review of the range of products subject to countervailing measures is 
06 months from the date of issuance of the rev iew decision and, when necessary, may be 
extended once for not more than 03 months.  
5. Changed -circumstance review is prescribed as follows:  
a) At any time after the official countervailing duties take effect, if one or more than one 
interested party in an  investigation case sees a new circumstance causing a material change 
in the subsidy levels for products subject to official countervailing duties, leading to no 
subsidies or negligible subsidies, or no longer causing material injury or a threat of materia l 
injury to a domestic industry, or no longer causing an impediment to the formation of a 
domestic industry, such party may request the investigating authority to conduct a changed -
circumstance review;  
b) A dossier of request for review must include eviden ce and information proving that the 
application of countervailing measures is no longer appropriate as a result of a changed 
circumstance;  
c) Based on the investigating authority 's review conclusion, the Minister of Industry and Trade 
shall decide to adjus t or terminate countervailing measures;  
d) The time limit for a changed -circumstance review is 9 months from the date of issuance of 
the review decision and, when necessary, may be extended once for not more than 3 months.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Section 4  
SAFEGUARDS IN THE IMPOR T OF FOREIGN PRODUCTS INTO VIET NAM  
Article 91. Safeguard measures  
1. Safeguard measures in the import of foreign products into Viet Nam (hereinafter referred to as 
safeguard measures) are measures which are applied against products that are excessively im ported 
into Viet Nam, causing serious injury or threatening to cause serious injury to a domestic industry.  
2. Safeguard measures include:  
a) Imposition of safeguard duties;  
b) Application of import quotas;  
c) Application of tariff quotas;  
d) Grant of imp ort permits;  
dd) Other safeguard measures.  
Article 92. Conditions for application of safeguard measures  
1. Safeguard measures may only be applied to imports when all the following conditions are fully 
satisfied:  
a) The products are excessively imported with their volume or quantity seeing an absolute or 
relative increase over the volume or quantity of like products manufactured domestically;  
b) A domestic industry suffers serious injury or a threat of serious injury;  
c) The increase in the volume or quan tity of imports referred to in Point a of this Clause is the 
main cause of the serious injury or threat of serious injury to a domestic industry.  
2. In the case the volume or quantity of imports originating from a developing country does not 
exceed 3% of t he total volume or quantity of like products imported into Viet Nam and the aggregate 
volume or quantity of products originating from developing countries that satisfy the above condition 
does not exceed 9% of the total volume or quantity of like products imported into Viet Nam, these 
countries will be excluded from the scope of application of safeguard measures.  
Article 93. Grounds for initiating investigations for application of safeguard measures  
1. An investigation for application of safeguard measures shall be initiated when domestic producers 
of like products or directly competitive products which can possibly accepted by buyers to replace 
products subject to safeguard measures for their price advantages and use purpose submit a dossier 
of request for application of these measures.  
2. The dossier contains clear evidence that the products excessively imported into Viet Nam cause 
serious injury or threaten to cause serious injury to a domestic industry.  
3. The Minister of Industry and Trade shall decide t o initiate an investigation when having clear 
evidence that the products excessively imported into Viet Nam cause serious injury or threaten to 
cause serious injury to a domestic industry.  
Article 94. Contents of investigation for application of safeguard measures  
1. Determination of products excessively imported into Viet Nam and increase levels of imports.  
2. Identification of serious injury or the threat of serious injury to a domestic industry.  
3. Determination of the causal relationship between the exc essive import of products as prescribed 
in Clause 1 of this Article and the injury to a domestic industry as prescribed in Clause 2 of this 
Article.  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  Article 95. Application of safeguard measures  
1. The imposition of provisional safeguard measures shall be decided by the Minister of Industry and 
Trade based on the preliminary determination of the investigating authority before finishing the 
investigation, if it is deemed that delayed implementation of safeguard measures might cause 
serious injury or threaten  to cause serious injury to a domestic industry and such injury is hardly 
remediable.  
The time limit for application of provisional safeguard measures is 200 days from the effective date 
of the decision on application of provisional safeguard measures.  
2. The application of official safeguard measures is prescribed as follows:  
a) After finishing the investigation, the investigating authority shall announce its final 
determination on the investigation contents prescribed in Article 94 of this Law. The 
invest igating authority 's final determination and major grounds for making such conclusion 
shall be notified via an appropriate means to interested parties;  
b) Based on the investigating authority 's final determination, the Minister of Industry and 
Trade shall i ssue a decision to apply or not to apply official safeguard measures;  
c) The time limit for application of safeguard measures, including the period of application of 
provisional safeguard measures, is 4 years, except the case of extension specified in Clau se 2, 
Article 96 of this Law;  
d) The total period for application of safeguard measures, including the period of application 
of provisional safeguard measures and official safeguard measures and extended period, is 
10 years.  
Article 96. Review of the appli cation of safeguard measures  
1. Interim review is prescribed as follows:  
a) In the case the time limit for application of safeguard measures exceeds 3 years, the 
investigating authority shall review safeguard measures before the expiration of half of this 
time limit for making a conclusion on the continuation, termination or reduction of safeguard 
measures;  
b) Based on the investigating authority 's review result, the Minister of Industry and Trade 
shall issue a decision on the continuation, termination or r eduction of safeguard measures;  
c) The time limit for an interim review of the application of safeguard measures is 6 months 
from the date of issuance of the review decision and, when necessary, may be extended once 
for not more than 3 months.  
2. Sunset re view is prescribed as follows:  
a) Before the expiration of the time limit for application of safeguard measures, domestic 
producers of like products or directly competitive products that wish to have this time limit 
extended shall submit a dossier of request for extension of the time limit for application of 
safeguard measures. Such dossier must contain evidence showing that the domestic industry 
concerned has taken necessary adjustment measures to raise the competitiveness and that 
the termination of safeguard measures might cause serious injury or threaten to cause serious 
injury to the domestic industry concerned;  
b) The investigating authority may conduct sunset review either at the request for extension 
of the time limit for application of safeguar d measures prescribed in Point a of this Clause or 
on its own discretion;  
c) Based on the investigating authority 's review result, the Minister of Industry and Trade shall 
issue a decision to terminate, or extend the time limit for, application of safeguar d measures;  G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  d) The extent of application of safeguard measures in the extended period must not be higher 
than that during the previous time limit for application of safeguard measures;  
dd) The time limit for a sunset review is 6 months from the date of iss uance of the review 
decision and, when necessary, may be extended once for not more than 6 months.  
3. Review of the range of products subject to safeguard measures is prescribed as follows:  
a) Importers of products subject to safeguard measures may request  the investigating 
authority to review the range of products subject to safeguard measures;  
b) A dossier of request for review must include evidence and information proving that the 
application of safeguard measures to all the products is inappropriate;  
c) Based on the investigating authority 's review conclusion, the Minister of Industry and Trade 
shall decide to adjust the range of products subject to safeguard measures;  
d) The time limit for a review of the range of products subject to safeguard measures is 6 
months from the date of issuance of the review decision and, when necessary, may be 
extended once for not more than 3 months.  
Article 97. Re -application of safeguard measures  
1. Safeguard measures already applied to a certain type of products may be r e-applied to such 
products as follows:  
a) If safeguard measures have been applied for 4 years or more, including the extended period 
(if any), they may be re -applied only after a period at least equal to half of the previous 
application period;  
b) If safeg uard measures have been applied for between over 180 days and under 4 years, 
including the extended period (if any), they may be re -applied only after at least 2 years from 
the date of termination of these measures;  
c) If safeguard measures have been appli ed for 180 days or fewer, they may be re -applied 
only after at least 1 year from the date of commencement of application of such measures 
provided that these measures have not been applied for more than twice over 5 years before 
the effective date of re -applied measures.  
2. The order and procedures for investigation for re -application of safeguard measures are the same 
as those for investigation for application of safeguard measures.  
Article 98. Compensation  
1. Compensation for injury due to the application  of safeguard measures and compensation levels 
must comply with Vietnamese law and treaties to which the Socialist Republic of Viet Nam is a 
contracting party.  
2. Compensation for injury and compensation levels shall be determined based on results of 
consu ltation among interested parties.  
3. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with 
related ministries and ministerial -level agencies in, working out a compensation plan, and submit it 
to the Prime Ministe r for approval before consulting the party that suffers injury due to application 
of safeguard measures.  
Article 99. Special safeguards  
1. Special safeguard is a safeguard measure which the Minister of Industry and Trade decides to 
apply in the case there is an excessive increase in imports into Viet Nam as a result of tax reduction G/ADP/N/1/VNM/2 • G/SCM/N/1/VNM/1 • G/SG/N/1/VNM/2  
 
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  according to a roadmap under the relevant treaty to which the Socialist Republic of Viet Nam is a 
contracting party.  
2. Special safeguard measures may only be applied to product s originating from specified countries 
in conformity with treaties to which the Socialist Republic of Viet Nam is a contracting party.  
3. Investigation for application of special safeguard measures must comply with treaties to which 
the Socialist Republic of Viet Nam is a contracting party.  
 […] 
Chapter VIII  
IMPLEMENTATION PROVISIONS  
Article 112. Effect  
1. This Law takes effect on 1 January 2018.  
2. Except for cases specified in Article 113 of this Law, the following ordinances will cease to be 
effective on  the effective date of this Law:  
a) Ordinance No. 42/2002/PL -UBTVQH10 on Safeguards in the Import of Foreign Products into 
Viet Nam;  
b) Ordinance No. 20/2004/PL -UBTVQH11 on Anti -dumping of Imports into Viet Nam;  
c) Ordinance No. 22/2004/PL -UBTVQH11 on Me asures against Subsidised Imports into 
Viet Nam.  
3. To annul Clause 3, Article 28; Clause 3, Article 29; Clause 3, Article 30; and Articles 31, 33, 242, 
243, 244, 245, 246 and 247, of Commercial Law No. 36/2005/QH11.  
Article 113. Transitional provision  
From the effective date of this Law, trade remedy cases of which competent state agencies receive 
complaint or investigation dossiers before the effective date of this Law will continue to be considered 
and settled in accordance with Ordinance No. 42/2002/PL -UBTVQH10 on Safeguards in  the Import 
of Foreign Products into Viet  Nam, Ordinance No.  20/2004/PL -UBTVQH11 on Anti -dumping of 
Imports into Viet Nam, and Ordinance No. 22/2004/PL -UBTVQH11 on Measures against Subsidised 
Imports into Viet Nam./.  
 
This Law was  passed on 12 June 2017, by the 14th National Assembly of the Socialist Republic 
of Vietnam in its 3rd session.  
 
 CHAIRWOMAN OF THE NATIONAL ASSEMBLY  
Nguyen Thi Kim Ngan  
 
 
 
__________