WORLD TRADE  
ORGANIZATION  G/ADP/N/1/VNM/1 
9 October 2009 
 (09-4885) 
Committee on Anti-Dumping Practices Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 OF THE  
AGREEMENT ON IMPLEMENTATION OF  ARTICLE VI OF THE GENERAL 
AGREEMENT ON TARIFFS AND TRADE 1994 
 
VIETNAM 
 
  The following communication, dated 28 August 2009,  is being circulated at the request of the 
Delegation of Vietnam.    
_______________ 
 
  According to the Article 18.5 of the Agreem ent on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994, the Permanent Mission of the Socialist Republic of 
Viet Nam to the United Nations Office, the World Trade Organization and Other International 
Organizations at Geneva hereby notifies to th e Committee on Anti-Dumping Practice as follows:   
 1. By the date of WTO's accession, the Socialis t Republic of Viet Nam (Viet Nam) had notified 
a number of legal documents on anti-dumping including the Ordinance No. 20/2004/PL-UBTVQH11 dated April 29, 2004 on against dumping of impor ted goods into Viet Nam;  Decree No. 90/2005/ND-
CP dated 11 July 2005 on making detailed provisi ons for implementation of Ordinance on against 
dumping of imported goods into Viet Nam (please see details in Annex 1 of the Report of the 
Working Party on the Viet Nam's accession to the WTO, document WT/ACC/VNM/48).    2. For the sake of transparency, we would lik e to re-notify these legal documents to the 
Committee on Anti-dumping Practice and Centre Registration of Notification (CRN). 
 3. Viet Nam wants to remind the Committee that  these legal documents have not been changed 
or amended until now.    
 Attached to this Notification are the Eng lish versions of the Ordinance No. 20/2004/PL-
UBTVQH11 and Decree No. 90/2005/ND-CP.   G/ADP/N/1/VNM/1 
Page 2  
 
   
STANDING COMMITTEE  OF NATIONAL ASSEMBLY  No. 20/2004/PL-UBTVQH11 SOCIALIST REPUBLIC OF VIETNAM 
Independence - Freedom - Happiness 
________________ 
 
 
Hanoi, 29 April 2004  
 
 
ORDINANCE 
 
AGAINST DUMPING OF IMPORTED GOODS INTO VIETNAM 
 
 
 Pursuant to the 1992 Constitution of the Socia list Republic of Vietnam as amended and added 
to by Resolution 51-2001-QH10 dated 25 December 2001 of Legislature X of the National Assembly 
at its 10th Session;     Pursuant to the Law on Export and Import Duties dated 26 December 1991 as amended by the 
Law on Amendments and Additions to the Law on Export and Import Duties dated 5 July 1993 and 
by the Law on Amendments and Additions to  the Law on Export and Import Duties dated 
20 May 1998;   
  Pursuant to Resolution No. 21-2003-QH11 date d 26 November 2003 of Legislature XI of the 
National Assembly at its 4th Session on the program for formulation of laws and ordinances in year 2004;   
 
 This Ordinance regulates anti-dumping applicable to goods imported into Vietnam.    
CHAPTER I 
 
GENERAL PROVISIONS 
 
 
Article 1. Governing scope  
  This Ordinance regulates anti-dumping measures;  procedures and contents of an 
investigation in order to apply such measures, and the applicability of such measures to dumped 
imports in Vietnam.    
Article 2. Interpretation of terms  
  In this Ordinance, the following terms are construed as follows:   
 1. "Anti-dumping" duty means an additional import duty imposed on imports dumped in Vietnam, which cause or threaten to cause material injury to a domestic industry.  
 
2. "Dumping margin" means the difference betw een the normal values and the export prices of 
goods imported in Vietnam.    3. "De minimis dumping margin" means a dumping margin which is no more than 2%, expressed as a percentage of the export prices of goods imported into Vietnam.    G/ADP/N/1/VNM/1 
 Page 3 
 
 
  4. "Negligible volume, quantity or value of imports dumped in Vietnam" means a volume, 
quantity or value of imports dumped in Vietna m, which satisfies the following conditions:   
  (a) That the volume, quantity or value of goods dumped from one country does not exceed 
3% of the total volume, quantity or value of like products imported into Vietnam;  
 (b) That the total volumes, quantities or values of goods dumped from a number of countries 
satisfying the condition set at Point (a) of this  Paragraph, does not exceed 7% of the total 
volume, quantity or value of like products 
imported into Vietnam.   
 5. "Domestic industry" means a group of domes tic producers that produce a volume, quantity or 
value of goods accounting for a major proportion of  the total domestic production of like products, 
provided that these producers do not import the product concerned themselves, and/or are not directly 
related to the organizations or individuals exporting or importing the product concerned.   
 6. "Like products" means products which are identical, i.e. alike in all respects to the product 
under consideration, or in the absence of such a product, another product which, although not alike in 
all respects, has characteristics closely rese mbling those of the products concerned.   
 7. "Material injury to a domestic industry" m eans the state of signifi cant decline or growth 
restriction in terms of production capacity, prices and sales of goods, profit, production, employment, 
investment and other indexes of the domestic industr y, or the state of retardation of the establishment 
of a domestic industry.   
 8. "Threat to cause material injury to a domes tic industry" means an imminent, apparent and 
provable possibility of causing material injury to a domestic industry.   
 Article 3. Determining of imports dumped in Vietnam  
 
1. Goods originating from a country or territory  shall be regarded as sold at a dumping price 
when imported into Vietnam (hereinafter called "goods  dumped in Vietnam") if such goods are sold at 
a price lower than the normal value as prescribed in paragraphs 2 and 3 of this Article.   
 
2. The normal value of a product imported into Viet nam is the comparable price of like products 
on the domestic market of the exporting country or territory in the ordinary course of trade.   
 3. In cases where there are no like products on th e domestic market of the exporting country or 
territory or there is a negligible volume, quantity or value of like products on the domestic market of 
the exporting country or territory, the normal value of the imports into Vietnam shall be determined in 
either of the following two ways:     (a) Using the comparable price of like products  of the exporting country or territory in the 
ordinary course of trade to an appropriate third country.  
 (b) Using the reasonable costs of the produc ts plus other reasonable expenses as well as 
reasonable profits, determined at each stage from production to circulation on the market of 
the exporting country or territory or of a third country.  G/ADP/N/1/VNM/1 
Page 4  
 
  Article 4. Anti-dumping measures  
 
 Anti-dumping measures may be applied in the following forms:    1. Anti-dumping duties.   
 
2. Undertakings to take meas ures to preclude dumping, made by  organizations or individuals 
producing and/or exporting the product concerned which are requested for application of anti-
dumping measures with Vietnamese State bodies competent to apply anti-dumping measures, or with domestic producers if it is so approved by Vietna mese State bodies competent to apply anti-dumping 
measures.   
 
Article 5. Principles for application of anti-dumping measures  
 
1. Anti-dumping measures shall be applied at a necessary and reasonable level, only in order to 
prevent or limit material injury to the domestic industry.  
 2. Anti-dumping measures shall be applied only after the investigation has been carried out, and 
must be based on the investigation conclusions pr escribed in Chapter II of this Ordinance.   
 3. Anti-dumping measures shall only be applied directly to the imports dumped in Vietnam 
under the provisions of this Ordinance.   
 4. The application of anti-dumping measures must not cause harm to the national socio-
economic interests.   
 
Article 6. Conditions for application of anti-dumping measures  
 
 Anti-dumping measures shall be applied to goods dumped in Vietnam only when the following two conditions are met:    1. The goods dumped in Vietnam and the dumping margin must be specifically determined.   
 
2. The dumping of goods prescribed in Paragraph 1 of this Article must be the reason directly 
causing or threatening to cause material injury to the domestic industry.    
Article 7. State management responsibility for anti-dumping  
 
1. The Government shall be responsible for en suring the uniformity of State management over 
anti-dumping of imports into Vietnam.    2. The Government shall set up, and specify th e organizational apparatuses, functions, tasks and 
powers of, anti-dumping bodies under the Ministry of Trade, including:   
 
 (a) The anti-dumping investigating authorit y (hereinafter called "the Investigating 
Authority"), which shall investigate and review anti-dumping cases and, when necessary, propose the Trade Minister to issue decisions  to apply provisional anti-dumping duties;   
 (b) The Council for handling of anti-dumping cases, which shall consist of a number of 
standing members and other members who shall work on each case to review the conclusions 
of the Investigating Authority;  discuss and decide by majority on whether the goods are dumped in Vietnam or not, causing or threatening to cause material injury to the domestic industries;  and propose that the Trade Minister issue decisions to apply anti-dumping duties.   
  G/ADP/N/1/VNM/1 
 Page 5 
 
 
  3. The Trade Minister shall be responsible to  the Government for State Management on anti-
dumping, for deciding on the application of an ti-dumping measures and will be responsible for 
making such decisions.    4. The Ministries, ministerial-level agencies and the provincial/municipal People's Committees 
shall, within the scope of thei r respective tasks and powers, coor dinate with the Trade Ministry 
regarding the State management of anti-dumpi ng measures and the application of anti-dumping 
measures.     
CHAPTER II 
 
INVESTIGATIONS IN ORDER TO APPLY  
ANTI-DUMPING MEASURES 
 
 
Article 8. Grounds for investigation  
 
1. The investigation for the application of an ti-dumping measures shall be carried out when 
organizations or individuals representing the domestic industries file an application.    
 Organizations or individuals filing an appli cation shall be regarded as representatives of a 
domestic industry when they meet  the following two conditions:   
  (a) The volume, quantity or value of goods  accounted for the domestic producers expressly 
supporting the application amounts to at least 25%  of the total volume, quantity or value of 
like products from the domestic industry.   
 (b) The volume, quantity or value of goods prescr ibed at Point (a) of this Article and of the 
domestic producers that support the filing of the application must be bigger than the volume, quantity or value of like products from domestic producers that oppose the requests for application of anti-dumping measures.   
 
2. The Trade Minister may decide to initiate an investigation by means of a decision when there 
is clear evidence that the dumping is causing or thr eatening to cause material injury to the domestic 
industry.     
Article 9. Application for anti-dumping measures  
 
 An application addressed to the Inv estigating Agency shall comprise:  
 1. The written request for the application of an ti-dumping measures, including the following:   
  (a) The name, address and other necessary information of the organization or individual filing 
the request for the application of anti-dumping measures;  
 (b) A description of the imports for which a request for the application of anti-dumping 
measures is being made, stating the name of the goods, their basic characteristics and main use/purpose, their codes according to the current  import tariffs, the currently applied import 
duty rates, and the imports' origin;  
 (c) A description of the volume, in terms of quantity and value, of the imports stated at 
Point (b) of this Article in the twelve m onths before the application is filed;  
 (d) A description of the volume, in terms of quantity and value of like products domestically 
produced within twelve months befo re the application is filed;  G/ADP/N/1/VNM/1 
Page 6  
 
   (e) Information on the normal values and the ex port prices of the products described under the 
provisions of Point (b) of this Article at the time of their importation into Vietnam within twelve months prior to the date of filing the request for application of anti-dumping measures;  
 (f) The dumping margin of the imports for whic h the application of anti-dumping measures is 
requested;  
 (g) Information, data on and proof of the ma terial injury which the goods dumped in Vietnam 
cause or threaten to cause to the domestic industry in question;  
 (h) The name, address and other necessary information of the organization and/or individual 
producing and/or exporting into Vietnam the goods subject to the request for the application of anti-dumping measures;  
 (i) The specific request regarding the appli cation of anti-dumping measures, the time-limit 
and extent of application of the measures;  
 2. Other relevant documents and information wh ich are deemed necessary by the organization or 
individual requesting the application of anti-dumping measures.   
 
Article 10. Decision on investigation for application of anti-dumping measures  
 
1. Within fifteen days of receiving the applicati on if it is considered that such an application 
does not contain the information prescr ibed in Article 9 of this Ordina nce, the Investigating Authority 
must inform the applicant thereof so that s upplementary information can be provided.   
 
2. The time-limit to complete the application sha ll be set by the Investigating Authority but must 
not be shorter than thirty days as from the date th e organization or individual receives the request for 
completing the application.    
3. Before the Trade Minister issuing an investig ation decision, the Investigating Authority must 
notify the competent authorities of the countries or territories exporting the goods subject to the request for the application of anti-dumping measures of the anti-dumping laws of Vietnam.    4. Within sixty days of the date of receiving the application with all the required content, as 
prescribed in Article 9 of this Ordinance, the Trad e Minister shall issue investigation decisions;  in 
special cases, the time-limit for issuance of inv estigation decisions may be extended for no more than 
thirty days.    5. Within fifteen days of the date of issuance of the decisions on the investigation for the application of anti-dumping measures, the Investigating Authority shall notify the investigation 
decisions to the organizations or individuals requ esting the application of anti-dumping measures as 
well as the producers, exporters and competent author ities of the countries or territories that export the 
product concerned and announce them to the other interested parties.   
 6. The Trade Minister must not issue investigation decisions if the organizations or individuals requesting the application of anti-dumping measures  withdraw the application, except for the case 
specified in Article 2, Article 8 of this Ordinance.    G/ADP/N/1/VNM/1 
 Page 7 
 
 
  Article 11. Parties involved in the investigation process  
 
 The parties involved in the investigation process include:   1. Organizations, individuals filing a request fo r the application of anti-dumping measures.  
 
2. Foreign organizations, individuals produ cing or exporting the product concerned. 
 3. Organizations, individuals im porting the product concerned.  
 
4. Domestic organizations, indivi duals producing like products.  
 5. Domestic business associations representing the majority of organizations, individuals 
producing and/or importing like products.   
6. Foreign business associations representing th e majority of organizations, individuals 
producing and/or exporting the product concerned.    7. Trade union or other organizations representing the interests of workers in the domestic industries.    
8. Organizations protecting consumers' interests;  
 9. Competent Vietnamese State bodies;   10. Competent authorities of the countries or territories exporting the product concerned.  
 
11. Other organizations, i ndividuals that have right s and interests in the investigation process.  
 
Article 12. Contents of investigation for application of anti-dumping measures  
 
 The investigation shall serve to determine:  
 
1. Whether the goods under investigation are dum ped in Vietnam and the dumping margin.   
 2. The material injury or the threat to cause ma terial injury to the domestic industry on the basis 
of examining the following elements:   
 
 (a) The volume, quantity or value of the goo ds dumped in Vietnam, compared with the 
volume, quantity or value of like products dom estically produced or sold, which has been 
increasing significantly in absolute or relative terms;   
 (b) Price effects of the goods requested for application of anti-dumping measures on the 
reduction of, or the restriction of the possib ility to reasonable increase, the prices of the 
domestic like products;   
 (c) The consequent impact of dumped imports on the domestic industry or on the 
establishment of the domestic industry.   
 3. The link between the dumped imports into Viet nam and the material injury or the threat to 
cause material injury to the domestic industry.  G/ADP/N/1/VNM/1 
Page 8  
 
  Article 13. Supply of information, and documents in the investigation process  
 
1. The parties involved in the investigation pro cess prescribed in Article 11 of this Ordinance 
shall have to supply truthful information and the necessary documents at the request of the 
Investigating Authority.  
 
2. Where necessary information or documents ar e not supplied as requested, the Investigating 
Authority may make decisions on the basis of available information and documents.  
 
Article 14. Consultation  
 
1. The Investigating Authority shall organize c onsultations with the parties involved in the 
investigation process prescribed in Article 11 of this  Ordinance in order to create conditions for the 
parties to express their opinions and supply the necessary information.   
2. The parties involved in the investigation process are not obliged to attend consultation 
meetings;  if any party is absent from consultation m eetings, its interests related to the application of 
anti-dumping measures shall still be assured.   3. Consultations must not obstruct the investig ation process and the application of anti-dumping 
measures prescribed in this Ordinance.   
 
Article 15. Confidentiality  
 
1. The Investigating Authority shall be respons ible for keeping information supplied to it 
confidential when receiving justified requests of th e parties involved in the investigation process and 
request these parties to supply a summary of inform ation which needs to be kept confidential.   
 2. The parties involved in the investigation process may have access to information already 
supplied to the Investigating Authority, excluding in formation which needs to be kept confidential.  
 
Article 16. Investigation time limit  
 
1. The time limit for investigation for appli cation of anti-dumping measures shall not exceed 
twelve months from the date of issuance of th e decision to initiate the investigation.   
 2. In special cases, the Trade Minister may decide  to extend the investigation time limit for no 
more than six months.   
 
Article 17. Preliminary conclusions  
 
1. Within ninety days of the date of issuance of the decision to initiate the investigation, the 
Investigating Authority shall publicize the prelim inary conclusions on the contents related to 
investigation process prescribed in Article 12 of this  Ordinance;  in special cases, the time limit for 
publicizing of preliminary conclusions may be extended for no more than sixty days.   
 2. Preliminary conclusions and major grounds for making such preliminary conclusions must be 
publicized by appropriate modes to the interest ed parties in the investigation process.    G/ADP/N/1/VNM/1 
 Page 9 
 
 
  Article 18. Final conclusions 
 
1. After completing the investigation process, the Investigating Authority shall publicize its final 
conclusions on the contents related to the invest igation process prescribed in Article 12 of this 
Ordinance.   
 
2. The final conclusions and major grounds fo r making such final conclusions must be 
publicized by appropriate modes to the interest ed parties in the investigation process.   
 
Article 19. Termination of investigation  
 
 The Trade Minister shall decide to term inate investigation in the following cases: 
 1. Organizations or individuals that have filed a request for application of anti-dumping 
measures voluntarily withdraw their application;   
 
2. Preliminary conclusions prescrib ed in Article 17 of this Ordina nce contain at least one of the 
following findings:    
a/ There is no dumping as prescribed in Article 3 of this Ordinance; b/ The dumping margin is de minimis; 
c/ The volume, quantity and value of the goods dumped in Vietnam is negligible; 
d/ There is no material injury or no threat  to cause material injury to the domestic 
industry. 
  
CHAPTER III 
 
APPLICATION OF ANTI-DUMPING MEASURES 
  Article 20. Application of provisional anti-dumping duties  
 
1. After sixty days of the date of issuance of  the decision to initiate the investigation, on the 
basis of the preliminary conclusions, the Trade Mi nister may issue a decision to impose provisional 
anti-dumping duties.  
2. The rates of provisional anti-dumping duties must not exceed the dumping margins 
determined in the preliminary conclusions.  3. The payment of provisional anti-dumping du ties may be secured with cash deposits or by 
other measures as prescribed by law.  
4. The time limit for application of provisional anti-dumping duties must not exceed one 
hundred and twenty days from the date of issuance of decision on the application of this measure.  5. At the requests of the exporters of the like  products, the Trade Minister may extend the time 
limit for application of provisional anti-dumping duties for no more than sixty days. 
 G/ADP/N/1/VNM/1 
Page 10  
 
  Article 21. Application of undertakings 
 
1. After the preliminary conclusions are made  available and before termination of the 
investigation process, organizations or indi viduals producing or exporting the goods under 
investigation may offer undertakings with the Trad e Ministry or domestic producers on one of the 
following grounds: 
 
a/ Adjusting selling prices; 
 b/ Voluntarily restricting the volume, quantity or value of the goods dumped into Vietnam.  
2. The Trade Minister may accept or reject or  request adjustment of the content of the 
undertakings but must not force the parties to make such undertakings.    3. The Investigating Agency shall make public th e undertakings' contents to the parties involved 
in the investigation process.  
 
4. In case of rejection of the undertakings of the parties involved, the Trade Minister must notify the reasons therefore and order that the investig ation for the application of anti-dumping measures 
according to the provisions of this Ordinance.  5. The Trade Minister shall issue decisions to terminate the anti-dumping investigation and 
apply the undertakings if it deems such undertaki ngs will eliminate the injurious effects of the 
dumping or will prevent such an effect from taking place.   The parties entering into the undertaking must periodically supply the Investigating Agency with information and documents regarding the co mpliance with their undertakings and prove the 
accuracy of such information with the decision of the Trade Minister. 
 6. Where the involved parties fail to properl y comply with their undertakings, causing or 
threatening to cause material injury to the domes tic industries, the Trade Minister shall issue a 
decision to resume the investigation for applica tion of anti-dumping measures or issue a decision to 
apply anti-dumping measures as provided for by this Ordinance. 
 
Article 22 . Application of anti-dumping duties  
 
1. Where the undertakings prescribed in Article 21 of this Ordinance cannot be fulfilled, on the 
basis of the final conclusions and proposals of  the Council for handling of anti-dumping cases, the 
Trade Minister shall issue a decision to impose or not to impose anti-dumping duties. 
 2. The rates of anti-dumping duties must not exceed the dumping margins determined in the final conclusions.  3. The time limit for application of anti-dumping duties shall not exceed five years from the date 
of issuance of the decision to apply anti-dumping measures. 
 4. The time limit for application of anti-du mping duties may be extended in cases where the 
Trade Minister issues a decision to review the a pplication of anti-dumping duties as provided for in 
Chapter IV of this Ordinance.   
 
5. The Investigating Authority shall notify by a ppropriate modes the decisions to impose or not 
to impose anti-dumping duties to the parties involved in the investigation process.   G/ADP/N/1/VNM/1 
 Page 11 
 
 
  Article 23.  Retroactive application of anti-dumping duties  
 
1. Where a final conclusion determines that there is  material injury or a threat to cause material 
injury to the domestic industry and the provisiona l anti-dumping duties have been applied in the 
period prior to the final conclusion, then the anti-dumping duties shall be retroactively applied.  
 
2. The anti-dumping duties may be retrospectively applied to the imports for ninety days back 
before the application of the provisional anti-dum ping duties if the following two conditions apply: 
  a/ Those imported goods were dumped; 
 b/ The volume, quantity or value of th e goods dumped in Vietnam surge suddenly, 
causing injury difficult to remedy to the domestic industry. 
 3. Any difference in the duties shall not be re trospectively collected when the applied anti-
dumping duty rate stated in the final conclusion is  higher than the provisional anti-dumping duty rate 
prescribed in Article 20 of this Ordinance. 
 4. Any difference in the duties shall be refunde d when the applied anti-dumping duty rate stated 
in the final conclusion is lower than the provisiona l anti-dumping duty rate prescr ibed in Article 20 of 
this Ordinance.  
5. Where the Trade Minister issues a decision not  to impose anti-dumping duties, the provisional 
anti-dumping duties already collected or amounts deposited to secure the payment of provisional anti-dumping duties prescribed in Article 20 of this Ordinance shall be refunded.   
CHAPTER IV 
 
REVIEW OF APPLICATION OF ANTI-DUMPING MEASURES 
 
 
Article 24. Review of the application of antidumping measures  
 
1. After one year from the date of issuance of the decision to apply anti-dumping measures, the Trade Minister shall be entitled to review the app lication of such anti-dumping measures when it is so 
requested by one or many of the involved parties pr escribed in Article 11 of this Ordinance and on the 
basis of examining the proofs supplied by the requesting party(ies). 
 
2. One year before the expiry of the decisi ons to apply anti-dumping measures, the Trade 
Minister shall issue decisions to review the application of such anti-dumping measures.   
 3. The Investigating Authority shall review the application of anti-dumping measures according 
to the provisions of Articles 9,10,11,12,13,14 and 15 of this Ordinance. 
 
4. The carrying out of procedures related to th e review process must not obstruct the current 
application of anti-dumping measures.  5. The time limit for reviewing the applica tion of anti-dumping measures prescribed in 
Paragraphs 1 and 2 of this Article shall not exceed twelve months from the date of issuance of the 
review decisions. G/ADP/N/1/VNM/1 
Page 12  
 
  Article 25. Decisions on the results of review of the application of anti-dumping measures  
 
 At the end of the review of the application of anti-dumping measures, the Trade Minister shall issue one of the following decisions:  
1. To continue, or extend the time limit for,  the application of anti-dumping measures; 
2. To adjust the anti-dumping duty rates as a ppropriate to the results of the review; 
3. To terminate the application of anti-dumping measures.   
CHAPTER V 
 
COMPLAINTS AND DEALING WITH BREACHES 
  
Article 26. Complaints, lawsuits  
1. Within sixty days of the date on which the Trade Minister issues the decision to apply anti-
dumping measures, if the parties involved in the investigation process and the application of anti-
dumping measures disagree with such a decision, they  may lodge complaints with the Trade Minister. 
 
2. Within sixty days of the date of receiving comp laints, the Trade Minister shall settle them;  in 
special cases, the time limit for settling complaints ma y be extended for no more than sixty days and 
such extension must be notified by appropriate  method to the complaining organizations or 
individuals.  
3. Once the time limit stated in Paragraph 2 of this Article has elapsed, if the Trade Minister 
fails to issue a decision to settle their complaints  or the complaining organizations or individuals 
disagree with the Trade Minister's decision to settle their complaints, they may initiate lawsuits in the 
courts according to the provisions of Vietnamese law.   
 
Article 27. Settlement of disputes and handling of violations 
 
 The settlement of disputes and the handling of vi olations of the legislation on the dumping of 
goods in Vietnam shall comply with Vietnamese law;  if international agreements to which Vietnam is 
a signatory or to which Vietnam h as acceded provide otherwise, such  international agreements shall 
apply.   
 
 
CHAPTER VI 
 
IMPLEMENTING PROVISIONS 
 
 
Article 28.  Implementation effect 
 
 This Ordinance takes effect from 1 October 2004.  G/ADP/N/1/VNM/1 
 Page 13 
 
 
  Article 29. Implementation guidance 
 
 The Government and the Supreme People's Court shall, within the scope of their respective 
tasks and powers, detail and guide th e implementation of this Ordinance.    
 
On behalf the Standing Committee of the National Assembly 
Chairman 
  NGUYEN VAN AN  G/ADP/N/1/VNM/1 
Page 14  
 
   
GOVERNMENT SOCIALIST REPUBLIC OF VIETNAM 
Independence - Freedom - Happiness 
No. 90-2005-ND-CP  
                                                 Hanoi, 11 July 2005 
  
DECREE  
MAKING DETAILED PROVISIO NS FOR IMPLEMENTATION OF  
ORDINANCE AGAINST DUMPING OF IMPORTED GOODS  
INTO VIETNAM  
 
THE GOVERNMENT 
 
Pursuant to the Law on the Organization of the Government dated 25 December 2001;   
 
Pursuant to the Ordinance Against Dumpi ng of Imported Goods into Vietnam 20-2004-PL-
UBTVQH11 dated 29 April 2004;   
 
On the proposal of the Minister of Trade,  
 
 
DECREES: 
CHAPTER I 
GENERAL PROVISIONS 
  
Article 1. Governing scope 
 
 This Decree sets forth detailed regulations  and guidance for implementing a number of 
provisions of the Ordinance on anti-dumping of imports into Vietnam (hereinafter referred to as 
"Ordinance on Antidumping"), concerning the operations of the Investigating Authority on Anti-dumping, and the Council for handling antidumping cases, investigation procedures, matters to be 
investigated and the imposition of anti-dumping measures against imports dumped in Vietnam.    Article 2. Spoken and written language used in the process of handling anti -dumping cases 
 
1. The spoken and written langua ge used in the process of handling antidumping cases is 
Vietnamese.  Parties involved in the process of in vestigation as prescribed in Article 11 of the 
Ordinance on Anti-dumping (hereinafter referred to as "interested parties") have the right to use their 
native spoken and written languages, provided that a  translation into Vietnamese is made available.   
 
2. If the original information and documents provided by the  interested parties are not in 
Vietnamese, translated versions into Vietnamese are required.  The interested parties must ensure the 
truthfulness and accuracy of the translated version a nd shall be responsible for materials translated as 
provided for by law.   
 
Article 3. Evidence 
 
 Evidence in the process of handling antidumping cases refers to things that are real and used 
by the Investigating Authority on Antidumping, [or] Council for handling Antidumping cases as a 
basis for determining whether or not imports are be ing dumped in Vietnam, determining material or 
threat to cause material injury to the domestic industry and identifying the link between the dumping  G/ADP/N/1/VNM/1 
 Page 15 
 
 
  and the material injury or threat to cause material  injury being suffered by the domestic industry as 
well as other elements that are necessary to ensu re a proper settlement of an anti-dumping case.   
 
Article 4. Determination of major proporti on in volume, quantity or value of like 
product(s) produced by domestic industry 
 
 A major proportion of volume, quantity or value of like products produced by the domestic industry implies cases where the volume, quantity or value of goods comprise not less than 50% of the total production of like products produced by domestic industry.   
 Article 5. Determination of direct association between the domestic producers of the like products and the individual(s), [or] organization(s) exporting, [or] importing the goods in question.  
1. A domestic producer of like product shall be deemed to be related to the individual, [or] 
organization exporting, [or] importing the goods c oncerned in the following circumstances:   
 
a. One party controls the other directly or indirectly; b. Both parties are controlled by a third party directly or indirectly;  or 
 c. Together they control a third party directly or indirectly.  
2. A party may be deemed to control the other if the former has the ability to influence the 
latter's financial policies and operations, so as to financially benefit from the latter's business 
operations.     
CHAPTER II 
 
ANTI-DUMPING COMMISSION, PERSONS DEALING WITH ANTI-DUMPING CASES, 
PERSONS PARTICIPATING IN THE PR OCESS OF RESOLUTION OF ANTI-
DUMPING CASES 
 
SECTION I 
 
Anti-dumping commission, persons dealing  
with anti-dumping cases 
  Article 6. Authorities responsible for anti -dumping, persons handling anti-dumping cases 
 
1. Anti-dumping authorities are set up under the Ministry of Trade, including the Investigating 
Authority on Anti-dumping (hereinafter referred to as "Investigating Authority") and the Council for 
Handling Anti-dumping Cases (hereinafter referred to as "Council on Anti-dumping").   2. Persons handling antidumping cases  include:   
 
a. The Head of the Investigating Authority; 
b. The investigators of anti-dumping cases (h ereinafter referred to as "investigators"); 
c. Members of the Council on Anti-dumping G/ADP/N/1/VNM/1 
Page 16  
 
  Article 7. Responsibilities and powers of the Investigating Authority 
 
1. In handling anti-dumping cases, the Investigating Authority shall have following 
responsibilities and powers:    
1. To issue forms with respect to the application requesting the imposition of anti-
dumping measures and questionnaires; 2. To fulfil all the tasks and procedures for an anti-dumping investigation in conformity 
with the Ordinance on Anti-dumping and this Decree; 3. To request that interested parties provi de the information and documents that are 
necessary and relevant to the case; 
4. To hold consultation sessions with interested parties; 
5. To issue a preliminary decision on matters related to the investigation; 6. To make recommendations to the Minist er of Trade concerning the imposition or 
non-imposition of provisional anti-dumping duties. 
7. To make recommendations to the Minister  of Trade concerning the acceptance, or 
non-acceptance, or adjustment of the undertakings voluntarily proposed by the subject producers, [and/or] exporters as provided for in  Paragraph 2, Article 21 of the Anti-dumping 
Ordinance; 8. To issue a final decision on the investigation; 9. To conduct reviews for anti-dumping measures pursuant to the decision of the 
Minister of Trade; 
10. To perform other tasks as provided for by laws.   
 
Article 8. The Head of the Investigating Authority 
 1. The Head of the Investigating Authority  shall be appointed and dism issed by the Minister of 
Trade.  2. The Head of the Investigating Authority sh all have the following responsibilities and powers, 
to:    
a. Organize, [and] direct the Investigating Authority  to carry out its responsibilities and 
powers as prescribed in Article 7 of this Decree; b. Assign investigators for handling a specific antidumping case; c. Assign investigator as presiding officer for handling the consultation session; d. Monitor investigators' performance 
e. Decide to organize consultation sessions; 
f. Preserve the confidentiality of information in conformity to provisions provided in Article 30 of this Decree; g. Request official authentication of documents. 
 
Article 9. Investigator 
 
1. Eligibility criteria for the post of investigator.   A person that is eligible for the post of  investigator should satisfy the following  criteria:   
 
a. They should be of good moral virtue, [and] honest and impartial; 
b. They should hold a bachelor's or higher degree in law, [or] economics or finance; c. They shall have a minimum of 5 years practical experience in any of the fields referred to in point b of this Article; d. They shall have been trained or  upgraded in investigating skills.  G/ADP/N/1/VNM/1 
 Page 17 
 
 
  2. Investigators shall be appointed and dismissed by the Minister of Trade upon the 
recommendations of the Head of the Investigating Authority.    
Article 10. Responsibilities and powers of an investigator 
 
In handling an anti-dumping case, the investigat or shall have following responsibilities and 
powers, to:    
1. Fulfil investigative tasks as assigned by the Head of the Investigating Authority; 
2. Request the interested parties provide any necessary information and documents relevant to 
the anti-dumping case; 
3. Preserve the confidentiality of information in  conformity with Article 30 of this Decree; 
4. Protect documents provided by interested parties; 5. Report investigation findings after the completion of the investigation,  and to compile and 
submit to Head of the Investigating Authorit y the preliminary and final conclusions made 
during the course of investigation.   
 Article 11. Responsibilities and powers of the Council on Anti -dumping 
  The parties involved in the investigation process include:    
1. Make judgements on conclusions made  by the Investigating Authority; 
2. Discuss and decide through a majority vote on whether or not dumping of imports into Vietnam is taking place, which causes or threaten s to cause material injury to the domestic 
industry; 3. Make recommendations to the Minister of Tr ade with respect to the imposition of the anti-
dumping duty in accordance with Article 39 of this Decree.   
 Article 12. Member of the Council on Anti -dumping 
 
1. Eligibility criteria for members of the Council on Anti-dumping:   
 
 The Minister of Trade shall make a recommended list of members of Council on Anti-
dumping and submit it to the Prime Minister for approva l.  Eligibility criteria for members of Council 
on Anti-dumping are as follows:     a. They should be of good moral vi rtue, [and] being honest and impartial; 
 b. They shall hold a bachelor's or higher degree in law, [or] economics or finance; 
 c. They shall have a minimum of 9 years practi cal experience in any of the fields referred to 
in point b of this paragraph.   
 2. For each specific anti-dumping case, the Minister of Trade shall decide on the number of Council members based on the approved list and assign one of the members as the presiding officer to 
chair the Council meetings and to sign decisions, [and/or] recommendations as prescribed in 
paragraph 2 and 3, Article  11 of this Decree.   
 3. A member of the Council on Anti-dumping shall be appointed for a 5-year term and may be 
re-appointed.   
 
Article 13. Responsibilities and pow ers of members of the Council on Anti -dumping 
 
In handling an anti-dumping case, members of the Council on Anti-dumping shall have 
following responsibilities and powers, to:   G/ADP/N/1/VNM/1 
Page 18  
 
  1. Examine, [and] review the files and conclu sions of the Investigating Authority and other 
documents in the file handed over by the Investigating Authority; 2. Participate in the Council meetings, discussi on and voting to determine whether there exists 
dumping that causes or threatens to cause ma terial injury to the domestic industry; 
 3. Preserve the confidentiality of information in  conformity with Article 30 of this Decree. 
 
SECTION II 
 
Persons Participating in the Process of  
Resolution of Anti-dumping Cases 
 
Article 14. Persons involved in the process of handling anti -dumping cases 
 
 Persons involved in the process of handling anti-dumping cases include:    
1. Organizations, [or] individuals represen ting the domestic industry as prescribed in 
paragraph 1, Article 8 of the Or dinance on Anti-dumping who file an  application with the 
Investigating Authority requesting the imposition of anti-dumping measures (hereinafter referred to as 
"Applicant(s)");   
 
2. Foreign organizations or individuals produc ing, [and/or] exporting goods against which anti-
dumping measures are requested by the Applicant (s ), or which are subject to the investigation 
initiated upon the decision of the Minister of Tr ade as provided in paragraph 2 Article 8 of the 
Ordinance on Anti -dumping (hereinafter referred to as "Defendant(s)"); 
 
3. The lawyer of the Applicant(s), [and/or] Defendant(s);  4. Other interested parties.    Article 15. Rights and obligations of the Applicant(s) , [and/or]  Defendant(s) 
 
1. During the course of handling the anti-dumping case, the Applicant(s) shall have the 
following rights, to:    
a. Access information provided to the Investiga ting Authority by other interested parties, 
except for confidential information preser ved under Article 30 of this Decree; 
b. Request for confidentiality of informati on pursuant to Article 30 of this Decree; 
c. Participate in the consultation session; d. Authorize lawyer(s) to handle the case on their behalf; e. Request that the Investigating Authority organize a closed consultation session as provided 
for in Paragraph 6 Article 29 of this Decree; 
f. Lodge complaints against the decisions of th e Minister of Trade as provided by Article 26 
of the Ordinance on Antidumping.   
 2. During the course of handling the anti-dum ping case, the Defendant(s) shall have the 
following rights:   
 
a.  Rights as prescribed in paragraph 1 of this Article; 
 b. The right to request that the Investigating Authority grant an extension of the amount of 
time allowed for the provision of information, [or] return of the questionnaires pursuant to 
paragraph 2, Article 23 of this Decree; 
 
3. Applicant(s) and Defendant(s ) have following obligations, to:  G/ADP/N/1/VNM/1 
 Page 19 
 
 
   a. Provide sufficient, truthful, accurate and timely information and necessary documents 
related to their request.   
 b. Provide sufficient, truthful, accurate a nd timely information and necessary documents as 
requested by the Investigating Authority, [and/or] investigators; 
 c. Execute decisions of the Minister of Trade.   Article 16. Lawyers of the Applicant(s), Defendant(s)  
1. Lawyers who fully satisfy the eligibility criteria for trial attorneys set forth by Vietnam's legal 
provisions and have the authorization of the Appli cant(s) or Defendant(s) shall have the right to 
participate in the process of handling anti-dumping cases to defend legitimate rights and interests of 
parties that they represent for.   2. In the process of handling anti-dumping cases,  lawyers shall have the following rights and 
obligations, to:   
 
a. Participate in all stages of the process of handling anti-dumping cases; b. Verify, collect and provide documents to de fend legitimate rights and interests of parties 
that they represent for; c. Examine documents included in the file of an anti-dumping case; 
d. Make notes and copies of the documents in cluded in the file of anti-dumping case, except 
for confidential information preserved under Artic le 30 of this Decree to defend legitimate 
rights and interests of parties that they represent; e. Provide assistance to parties that they repr esent on legal issues related to the defence of 
such parties' legitimate rights and interests; f. Respect the truth and law; not to bribe, compel  or incite others to provide false testimony, 
[or] false documents;  
g. Not to disclose any confidential information th at they obtain through their participation in 
the process of handling the anti-dumping case; h. Not to use any notes taken, [and/or] copies of  documents included in the dossier of anti-
dumping case for the purposes of infringing natio nal interest, [and/or] the legitimate rights 
and interests of organizations and individuals. 
 Article 17. Rights and Obligations of other interested parties  
 In the process of handling anti-dumping case, inte rested parties other than the Applicant(s), 
[and/or] Defendant(s), as prescribed in paragraph 1, 2 of Article 14 of this Decree, shall have the 
following rights and obligations, to:   
 1. Provide truthful, [and] necessary informati on and documents relevant to the anti-dumping 
case in their own opinion or at the request of the Investigating Authority, [and/or] investigators; 
2. Request for confidentiality of informati on pursuant to Article 30 of this Decree; 
3. Access to information obtained by the I nvestigating Authority, except for confidential 
information preserved under Article 30 of this Decree; 
4. Participate in the consultation session and present their point of views with regard to the anti-
dumping case, except for cases specified in paragraph 6, Article 29 of this Decree.   G/ADP/N/1/VNM/1 
Page 20  
 
  CHAPTER III 
INVESTIGATION INTO APPLICATION OF ANTI-DUMPING MEASURES 
 Article 18. Application  requesting the imposition of anti -dumping measures 
  The application requesting the imposition of anti-dumping measures include: 
 1. Application requesting the imposition of antidumping measures includes the followings: 
 
a. The name, address and other necessary information of the applicant(s), or of the 
representatives of the domestic industry in cases where the dossier requesting the imposition of anti-dumping measures was instituted ex o fficio by the Investigating Authority; 
b. A description of the imports against which the imposition of anti-dumping measures is requested, including the name of the goods, thei r main characteristics and major intended use, 
their respective HS codes and tariff rates under the contemporary import nomenclature, and 
the origin of such goods;   
c. A description of the volume, in terms of qua ntity and value of the imports described in 
point b of this provision in the twelve months  prior to the date on which the application 
requesting the imposition of antidumping measures is filed by the Applicant(s), or prior to the 
date on which the application  requesting the imposition of anti-dumping measures is 
instituted ex officio by the Investigating Authority;  
d. A description of the volume, in terms of quantity and value of like products domestically 
produced in the twelve months prior to the date on which the application requesting the 
imposition of antidumping measures is filed by the Applicant(s) or prior to the date on which 
the application requesting the imposition of anti dumping measures is instituted ex officio by 
the Investigating Authority;  
đ. Information on the normal value and export prices of the product stipulated in 
paragraph (b) of this paragraph at the time of their import into Vietnam in the  twelve months 
prior to the date on which the application requesting the imposition of anti-dumping measures 
is filed by the Applicant(s), or prior to th e date on which the application requesting the 
imposition of anti-dumping measures is instituted ex  officio by the Investigating Authority;  
e. The dumping margins of the imports ag ainst which the imposition of anti-dumping 
measures is requested;  f. Information, data and evidence on the material  injury to the domestic industry, which the 
imports dumped in Vietnam cause or threaten to cause;  g. Names, addresses and other necessary information about the Defendant(s); 
h. The specific anti-dumping measures which are being requested, and the duration and extent 
of such measures.  
 2. Other relevant documents and information that are deemed relevant by Applicant(s) or by the 
Investigating Authority, in  cases where the application   requests the imposition of anti-dumping 
measures ex officio.   
 
Article 19. Review and Analysis of applications  filed by Applicant(s) 
 
1. Within 45 days of the receipt of a properly do cumented file as provide d in Article 18 hereof, 
the Investigating Authority shall review and analyze the  application and submit recommendations to 
the Minister of Trade, who shall, subject to his or her considerations, decide whether or not to initiate 
an investigation.    
2. Matters to be reviewed  and analyzed include:   
  G/ADP/N/1/VNM/1 
 Page 21 
 
 
  a. Determining whether the Applicant(s) is e ligible to represent the domestic industry as 
stipulated in Paragraph 1, Article 8 of the Ordinance on Anti-dumping; 
b. Identifying that imported goods dumped into Vietnam cause material injury or threat to 
cause material  injury to the domestic manufacturing industry. 
 
Article 20. Institution/Preparation of anti -dumping files in cases where there are no 
Applicant(s) 
 
1. In cases where there are no Applicant(s) but there are indications that dumped imports into Vietnam cause or threaten to cause material injury to the domestic industry, the Minister of Trade 
shall issue a formal request to th e Investigating Authority, ordering them to prepare the anti-dumping 
files and submit them to the Minister of Trade, upon which the Minister of Trade shall, subject to his or her considerations, decide whether or  not to initiate an investigation.   
 2. The time-period for instituting/preparing such a file is 6 months, from the date on which the 
formal request is signed by the Trade Minister.   
 
Article 21. Decision to initiate investigation 
 
1. The decision to initiate an investigation shall include the following:  
 
a. The name, address and other necessary information of the Applicant(s) (if any); 
 b. The name, address and other necessary information of the representatives of the domestic 
industry in cases where there are no Applicant(s);  c. A description of the goods concerned, including the name of the goods, their main characteristics and major intended use, their respective HS codes and tariff rates in 
accordance with the contemporary nomenclature of imports, and the origin of such goods; 
d. The name, address and other necessary information about the Defendant(s); 
 e. The name of countries, territories produc ing, [or] exporting goods against which the 
imposition of anti-dumping measures is requested; f. A summary of information on the dumping on imports described in point c of this Article causing material injury or threatening to cause material injury to the domestic manufacturing 
industry;  
 g. The effective date for commencing the investigation;  h. Investigation period;  i. Time schedule for handling anti-dumping cases;  k. Other relevant information that the Minister of Trade deems necessary. 
 
2. The notification, [or] publicity of decision to initiate investigation shall be carried out in 
accordance to paragraph 5, Article 10 of the Ordinance on Anti-dumping.  
Article 22. Provision of information, [or] documents during the course of investigation 
 
1. Interested parties shall be responsible for providing truthful information and necessary 
documents as requested by the Investigating Authority.  2. In cases where it is deemed necessary, the In vestigating Authority may request official 
authentication of the information, documents provided by interested parties, or may conduct meetings 
to verify and clarify the information documents pr ovided by interested parties to ensure a proper 
assessment of an antidumping case.    3. In cases where verification, (or) clarification meetings are conducted in countries and territories other than Vietnam, the Investigating Auth ority shall follow the provisions set out below:   G/ADP/N/1/VNM/1 
Page 22  
 
  a. The Investigating Authority should send notices of such meetings to the organizations, (or) 
individuals in question and competent agenci es in the country or territory where such 
verifications or clarifications are to be conducted; 
b. Verification or clarification meetings must be conducted with the consent of the 
organizations and individuals in question and w ith no objection from the competent agencies 
in the country or territory where such meeting is to be conducted, unless otherwise stipulated 
by international treaties to which Vietnam and the countries, [or] territories in question are signatories.   
 4. Except for confidential information preser ved under Article 30 of this Decree, the 
Investigating Authority should make the findings of  such verification [or], clarification meetings 
known to the parties in question.    5. The Investigating Authority shall use the b est information, documents available in the 
following circumstances:   
 
a. Interested parties do not provide the requested  information, [or] documents as prescribed in 
paragraph 1 of this Article; 
b. Official authentication, (or) verifications show that that information, [or] documents 
provided by interested parties is false; 
c. Interested parties do not give consent to  th e Investigating Authority to conduct verification 
meetings; 
d. Interested parties impede the investigation otherwise.   
 6. In the case of refusal to use part of informa tion and data provided by interested parties, the 
Investigating Authority shall specify the reasons for re fusal to use such part of information and data.   
 
Article 23. The Questionnaire 
 
1. Within 15 days of the date on which the deci sion to initiate the anti-dumping investigation is 
made, the Investigating Authority must send the questionnaire to the following recipients:    
 a. Defendant(s) or their authorised representatives; 
b. Vietnam-based diplomatic agencies of the countries or territories exporting the goods 
concerned; 
 c. Competent authorities of the countries or territories exporting the goods requested to be 
imposed with anti-dumping measures; 
d. Other parties involved in the investigation process.   
 2. Within 30 days of the date of recei pt of the questionnaire, Defendant(s) and  other interested 
parties must return the fully completed questionnai re with feedback to all the questions to the 
Investigating Authority.  In cases where it is de emed necessary, upon the Defendants' request, the 
Investigating Authority may, subject to its considera tion, grant an extension to this time limit of no 
longer than 30 days.   
 3. The questionnaire is deemed to have arrived to the recipients' addresses after 07 working days 
from the date on which it is sent by the Investigati ng Authority.  The date on which the questionnaire 
is sent is defined on the basis of the postal mark.   
 
Article 24. Matters to be investigated in an anti-dumping investigation 
 
The investigation for the imposition of anti-dumping measures against imports dumped in 
Vietnam includes:    G/ADP/N/1/VNM/1 
 Page 23 
 
 
  1. Determining the goods dumped in Vietnam and the margin of dumping as prescribed in 
Article 25 of this Decree;  2. Determining the material injury or threat to cause material injury to the domestic industry as prescribed in paragraph 2 Article 12 of the Ordinance on Anti-dumping; 
3. Identifying the causal link between the dump ing of goods into Vietnam and the material 
injury or threat to cause material injury to the domestic industry as prescribed in Article 28 of this 
Decree.    
Article 25. Determination of dumping margin 
 
1. The Investigating Authority shall determine a specific margin of dumping for each individual 
Defendant in an anti-dumping case, except for cases specified in paragraph 2 of this Article.    2. In cases where the number of Defendants or the range of goods concerned is so large that the 
determination of an individual margin becomes im practicable, the Investigating Authority may limit 
their scope of investigation to determining an  individual margin and to a limited number of 
Defendant(s) or products involved.     So as to limit the scope of investigation, the Investigating Authority shall follow the following 
provisions:  
a) The scope of investigation should be limited  by sampling, based on the volume, quantity or 
value of the goods which are the subject of the request for application of anti-dumping measures, manufactured and exported into Vietna m by the Defendant (s) or other data and 
information available to the Investigating Aut hority at the moment of choosing the sample; 
b) Where necessary, the Investigating Aut hority may conduct consultations about the 
sampling with the Defendants, (or) importers.  The Authority must have the Defendant's 
consent before including such a Defendant in the sample.  
 3. A dumping margin is defined as the calculab le difference between the normal value and the 
export prices of goods imported into Vietnam.    
4. For those Defendants who are not included in the sample for investigation, their dumping 
margin shall be defined as the weighted aver age of the dumping margins determined for the 
Defendant(s) that are included in the sample as prescribed in paragraph 2 of this Article.  
 5. The Investigating Authority may, subject to its  consideration, determine an individual margin 
for Defendant(s) who are not included in the inv estigation sample under paragraph 2 of this Article 
but voluntarily submit all relevant information in a timely manner during the course of the 
investigation, unless the number of Defendant(s) who submit information on a voluntary basis is so 
large that individual examination would prevent th e timely completion of the investigation.   
 
Article 26. Determination of normal value, [and] export price 
 1. The normal value of an import into Vietnam is  determined in accordance with paragraph 2, 
[and] 3, Article 3 of the Ordinance on Anti-dumping.    2. In cases where goods are imported into Vietnam from a third country or territory, the normal 
value may be determined by a comparable price of like products [goods] sold in that third country or 
territory (country of export).    G/ADP/N/1/VNM/1 
Page 24  
 
  3. In cases where goods are merely transshipped thro ugh a third country or territory or there is 
no comparable price of like goods in the third coun try or territory of export, the normal value is 
determined by the comparable price of like products [ goods] sold in the country or territory of origin.   
 4. The export price of an import into Vietnam is defined as the price at which the foreign 
producers or exporters sell the goods to the importers  in Vietnam and shall be determined based on 
legitimate transaction documents.    5. Where there exists no export price or there ex ist strong indications that the export price under 
paragraph 4 of this Article is unr eliable, the Investigating Authority shall determine the export price 
by either of the two methods prescribed below:   
 
a. Export price is constructed on the basis of th e price at which the imported products are first 
resold to an independent buyer in Vietnam; b. Export price is determined by a reasonable methodology prescribed by the Investigating 
Authority.   
 
Article 27. Adjustments of normal value, [and/or] export price for determining the 
dumping margin 
 
 In cases where it is deemed necessary, when determining the dumping margin the 
Investigating Authority may consider and carry out the following adjustments:   
 1. Adjustments of the normal value and export price to the same level of trade;  2. Adjustments of the normal value and export price to the same point of time or possible 
nearest points in time at which the calculations are made; 
 3. Adjustments of the normal value and export pr ice for differences in taxation, conditions and 
terms of sale, volume of trade, quantity, physical characteristics and other elements that the Investigating Authority deems appropriate.  
4. The normal value and export price must be conve rted into Vietnamese currency at the average 
inter-bank rate published by the State Bank of Viet nam on the date on which the Minister of Trade 
signs a decision to conduct an investigation.  Where the State Bank of Vietnam does not publish any 
exchange rate on the date on which the Minister of  Trade signs a decision to conduct an investigation, 
the conversion shall be conducted on the basis of the exchange rate published on the following date. 
 
Article 28. Determination of causality between the dumping of goods in Vietnam and the 
material injury or the threat to cause ma terial injury to the domestic industry. 
 
1. To determine the causality betw een the dumped imports and the material injury or threat to 
cause material injury to the domestic industry, the Investigating Authority should consider the 
following elements:   
 
a. The causal link between the dumping of goods in Vietnam and the evidence on the material injury or threat to cause material  injury to the domestic industry; 
b. The volume and prices of the non-dumped like products imported into  Vietnam;  
c. The contraction in demand or changes in th e patterns of consumption with respect to the 
domestic like products; d. The export performance and produc tivity of the domestic industry. 
e. Other elements deemed relevant by the Investigating Authority.   
  G/ADP/N/1/VNM/1 
 Page 25 
 
 
  2. In cases where it is deemed necessary, the Inv estigating Authority may additionally take into 
account elements other than the dumping of imports which may cause material injury or threat to 
cause material injury to the domestic industry.    
Article 29. Consultation in the course of investigation 
 1. The Investigating Authority sha ll, on the basis of the date of  the consultation session stated in 
the decision to conduct an investigation into application of anti-dumping measures, conduct open 
consultation sessions with parties concerned.  For each consultation session, the Authority shall 
assign, at minimum, 03 investigators, one of whom being appointed as the presiding officer to chair 
the consultation session.   
 2. No later than 30 days before the date of the consultation session, interested parties must 
submit to the Investing Authority th e written request for their partic ipation in the consultation session, 
in which, the issues to be consulted on  should be specified and written arguments should be enclosed.   
 
3. Consultation process:    
a. The presiding officer declares the consultation session open; b. The Applicants, [and/or] the Defendant(s),  or their authorised representatives make 
presentations, giving evidence relevant to the anti-dumping case to support their arguments.  
The duration of the presentation for each party shall not exceed 90 minutes; 
c. The Applicants, [and/or] the Defendant(s) submit the details of their presentation prescribed in point b of this paragraph in writing to the presiding officer; d. Interested parties other than the persons pr escribed in point b of th is paragraph have the 
right to make written submission addressing their views relevant to the anti-dumping case to 
the presiding officer; 
e. The presiding officer, [and/or] the investigators pose questions and obtain responses from the Applicants, [and/or] the Defendant(s) or their authorised representatives.  The duration of question-and-answer session provided for each pa rty shall not exceed 60 minutes.  All details 
shall be recorded in the minutes of the consultation session. f. The presiding officer shall summarize the c onsultation session and declares to close the 
consultation session.   
 4. Within 07 working days of the date of the consultation session, interested parties have the 
rights to make a supplementary written submissi on addressing their views relevant to the anti-
dumping case to the Investigating Authority.   
 
5. The whole content of the consultation, incl uding written submissions of parties involved and 
the minutes on consultation session shall be publ icized by the Investigating Authority. 
 6. In cases where it is deemed necessary, the I nvestigating Authority may, upon an Applicants' 
or Defendants' request, organize a closed consultati on session.  Participants of such consultation shall 
be decided on with reference to th e request of the requesting party.  G/ADP/N/1/VNM/1 
Page 26  
 
  Article 30. Confidentiality 
 
1. The Investigating Authority  and Investigators shall be responsible for preserving the 
confidentiality of information provided by parties involved where:    
a. The information is deemed to be national secret  or other types of secrets as prescribed by 
law; b. The information is considered confidentia l by the submitting party and their request for 
confidentiality is warranted by the Investigating Authority.   
 
2. When submitting such information as prescribed in point b, paragraph 1 of this Article, the 
submitting party should enclose detailed explanati ons of the rationale for such request for 
confidentiality and a non-confidential summary of su ch information, which could be disclosed to 
other interested parties.    
3. In cases where request for confidentiality w as not warranted and the submitting party is 
unwilling to make such information public, the I nvestigating Authority shall disregard such 
information and return them to the submitting party.  
Article 31. Preliminary conclusion 
 1. Within 90 days of the date of the decision to initiate the investigation, the Investigating 
Authority shall publicize the preliminary conclusion  on the investigated matters as prescribed in 
Article 12 the Ordinance on Anti-dumping; in sp ecial cases, the time li mit for publicizing the 
preliminary conclusion may be extended, however  such extension shall not exceed 60 days.   
 
2. Preliminary conclusions shall be ma de known to interested parties in an  appropriate manner 
and shall include the following:     
a. The name, address and other necessary information on the Applicant(s) (if any);  b. Description of the imports against which the imposition of anti -dumping measures is 
requested, including the name of the goods, thei r main characteristics and major intended use, 
HS codes and tariff rates under the contemporar y import nomenclature and the origin of such 
goods;  c. The name, address and other necessary information on the Defendant(s);  d. Description of the volume, quantity or valu e of the subject imports in-to Vietnam as 
prescribed in point b of this paragraph in the twelve months prior to the date on which the 
application is filed by the Applicant(s) or pr ior to the date on which the antidumping file is 
instituted ex officio by the Investigating Authorit y pursuant to the decision of the Minister of 
Trade; e. Dumping margins; f. Information, [or] evidence to demonstrate that the dumping of imports prescribed in point b of this paragraph causes material injury or thr eatens to cause material injury to the domestic 
industry; or information, [or] evidence to demonstrate that the tardiness in imposition of 
provisional antidumping duty may cause nearly irreparable material injury to the domestic industry; g. A time schedule for handling the antidumping case;  h. Other relevant information that is deemed  necessary by the Investigating Authority.    G/ADP/N/1/VNM/1 
 Page 27 
 
 
  3. Within 07 days of the date on which the pr eliminary conclusion was made, the Investigating 
Authority shall submit the report on investigation to the Minister of Trade, and in cases where it is 
deemed necessary, the Investigating Authority sha ll make recommendations to the Minister of Trade 
with respect to the issuance of a Ministerial decision on the imposition of provisional antidumping 
duty.    
 
Article 32. Termination of investigation 
 
1. The Minister of Trade shall take a decision on terminating an investigation in accordance with 
the provisions under Article 19 of the Ordinance on Anti-dumping.   
 
2. Within 07 working days of the date of the decision to terminate the  investigation, the 
Investigating Authority shall send the interested pa rties a written notification of such decision in 
which the reasons for such termination shall be clearly stated.    Article 33. Final conclusion 
 
1. Within 30 days of completion of the investig ation, the Investigating Authority shall publicize 
the final conclusion on the investigated matt ers prescribed in Article 12 the Ordinance on 
Antidumping.    
2. The interested parties shall be notified of  the final conclusion and major grounds for such 
conclusion and the notification sh all include the followings:   
 
a. The name, address and other necessary information of the Applicant(s) (if any);  b. Description of the imports against which the imposition of antidumping measures is 
requested, including the name of the goods, thei r main characteristics and major intended use, 
HS codes and tariff rates under the contemporary import nomenclature, and the origin of such 
goods;  c. The name, address and other necessary information of the Defendant(s);  d. Description of the volume, quantity and value of  the imports in to Vietnam as prescribed in 
point b of this paragraph within 12 months prio r to the date on which the application is filed 
by the Applicant(s) or prior to the date on whic h the antidumping file is instituted ex officio 
by the Investigating Authority pursuant to the decision of the Minister of Trade; 
e. Dumping margins; f. Information, [or] evidence to demonstrate th at the dumping of imports, prescribed in point b 
of this paragraph, causes material injury or thr eatens to cause material in jury to the domestic 
industry;  
g. Time schedule for handling the antidumping case;  h. Other relevant information that the In vestigating Authority deems necessary.   
 3. Within 07 working days of the date of publi cation of the final conclusion, the Investigating 
Authority shall refer the case to the Council on Antidumping, which includes the followings:   
 
a. A file requesting the imposition of antidumping measures; b. An investigation report; c. Preliminary conclusion; d. Final conclusions and major groun ds for making such conclusions; 
e. The recommendations of the Investigating Authority. G/ADP/N/1/VNM/1 
Page 28  
 
  CHAPTER IV 
APPLICATION OF ANTI-DUMPING MEASURES 
SECTION I 
 
Application of Measure Being an Undertaking 
 Article 34. Submission of undertakings 
 
After the issuance of the preliminary conclusi on and no later than 30 days prior to the 
completion of the investigation, the authorised  representatives of Defendant(s) may submit their 
formal written commitments on the matters prescribed in paragraph 1 of Article 21 of the Ordinance 
on Antidumping (hereafter referred to as "Undertakings to eliminate dumping") either directly to the 
Ministry of Trade through the Investigating Auth ority or to domestic producers for consideration 
before submitting such undertakings to the Investigating Authority.   
 
Article 35. Analysis and assessment of undertakings to eliminate dumping 
 
1. Within 30 days of the receipt of the undertakings to eliminate dumping, the Investigating 
Authority shall analyze and assess such undertakings and make recommendations to the Minister of 
Trade for acceptance, or non-accepta nce, of the undertakings.   
 2. Undertakings to eliminate dumping sha ll be assessed on the following basis:   
 
a. The implementation of undertakings to elimin ate dumping is likely to offset the injurious 
effects of the dumping on the domestic industry; 
b. The implementation of undertakings to el iminate dumping must not cause negative effect 
on the implementation of socio-economic policies. 
 
Article 36. Ministerial decision on undertakings to eliminate dumping 
 
1. Upon the recommendations of the Investigating Authority on undertakings to eliminate dumping, the Minister of Trade may make one of the following decisions:    
a. A decision to suspend the investigation and accept undertakings to eliminate dumping of 
the proposing parties;  
b. A decision to request adjustments to undertakings to eliminate dumping, however, 
proposing parties shall not be forced to offer such adjustments.  c. A decision to reject undertakings to e liminate dumping and the reasons for non-acceptance 
must be clearly stated. 
 
2. Parties involved shall be notified of decisions prescribed in paragraph 1 of this Article in 
appropriate manners.    3. In cases where proposing parties agree to make adjustments to their proposals on 
undertakings to eliminate dumping previously proposed  as prescribed in point b of paragraph 1 of this 
Article, such proposing parties must submit their adju sted undertakings to the Investigating Authority 
for analysis and assessment in accordance with th e provisions provided in this Section.   
 
Article 37. Monitoring of undertakings to eliminate dumping 
 
1. Parties that enter into undertakings to elimin ate dumping shall be subject to the monitoring of 
the Investigating Authority.   G/ADP/N/1/VNM/1 
 Page 29 
 
 
  2. Parties that enter into such undertakings must, on a periodical basis, submit information, [or] 
documents related to their compliance of such unde rtakings to the Investigating Authority and are 
responsible for demonstrating the truthfulness of su ch information, [or] documents upon the decision 
of the Minister of Trade.    
3. In cases where a party who enters into an u ndertaking fails to comply with his or her 
undertaking, which causes or threat ens to cause material injury to the domestic industry, the 
Investigating Authority shall make recommendations to  the Minister of Trade, who shall decide to 
resume the antidumping investigation or to apply antidumping measures as provided for in paragraph 6, Article 21 of the Ordinance on Antidumping.   
 
SECTION II 
Application of Anti-dumping Duty 
 
Article 38. Imposition of provisional Antidumping Duty  
1. 60 days following the date of the decision to initiate the investigation, the Minister of Trade 
shall decide on the imposition of provisional anti-dumping duty  based on the preliminary conclusions 
and the recommendations of the Investigating Authority.   
 2. A decision on the imposition of provisional an tidumping duty shall be made in accordance to 
provisions set out in paragraph 2, 3, 4 and 5, Article 20 of the Ordinance on Antidumping.   
 3. A decision on the imposition of provisional an tidumping duty shall be publicized, and shall 
include the following:   
 
a. The name, address and other necessary information of the Applicant(s) (if any);  b. A description of the imports subject to th e imposition of provisional anti-dumping duty, 
including the name of the goods, their main ch aracteristics and major intended use, HS codes 
and tariff rates under the contemporary import nome nclature, and the origin of such goods;  
c. The name, address and other necessary information about the producers, [and/or] exporters of the goods concerned;  d. Rates of provisional anti-dumping duty; e. The effective date and the applicable duration of provisional antidumping duty.   
 
Article 39. Decision of the Council on Antidumping 
 
1. Based on the dossier of the antidumping case file  as prescribed in paragraph 3, Article 33 of 
this Decree, within 30 days as from the receipt of such dossier, the Council on Antidumping shall 
discuss and decide by majority vote on the following matters:   
 
a. Whether or not imports into Vietnam are being dumped;  b. Whether or not there is any material injury or threat to cause material injury being suffered 
by the domestic industry; 
c. Whether or not there is a causal link between such dumping and the injury or threat to cause 
material injury being suffered by the domestic industry.   
 2. In cases where the voting results turn out to be on par, the Council on Anti-dumping the 
Chairman shall have a casting vote.    3. In cases where the Antidumping Council make affirmative decisions, as prescribed in 
paragraph 1 and 2 of this Article, asserting the ex istence of dumping and the dumping causes material G/ADP/N/1/VNM/1 
Page 30  
 
  injury or threat to cause material injury to a domestic manufacturing industry, the Council shall 
recommend that the Minister of Trade impose antidumping duties.    
Article 40. Imposition of antidumping duties 
 1. In cases where undertakings, as prescribed in  Article 21 of the Ordinance on Anti-dumping, 
are not accepted, the Minister of Trade shall base hi mself on the final conclusi on of the Investigating 
Authority and the recommendations of the Council on Anti-dumping as prescribed in paragraph 3 of 
Article 39 of this Decree, to decide on the imposition of an antidumping duty.   
 
 Where the imposition of an antidumping duty goes against public interests, the Minister of 
Trade may issue a decision rejecting the imposition of antidumping duties.    2. The decision on the imposition of antidumping duty shall be publicized, and shall include the following:   
 
a. The name, address and other necessary inform ation about the Applicant(s) (if any);  
 b. Description of the imports subject to the imposition of antidumping duty, including the 
name of the goods, their main characteristics a nd major intended use, HS codes and tariff 
rates under the contemporary import nomenclature, and the origin of such goods;  c. The name, address and other necessary information about the producers, [and/or] exporters 
of goods subject to the imposition of antidumping duty;  
d. The name of the countries, [or] territori es exporting goods subject to  the imposition of the 
antidumping duty; e. A summary of the investigation results addressing the necessity of impositing antidumping 
duties; 
g. Rates of antidumping duty; 
h. Effective date and the applicable duration of antidumping duty; i. Amount of differences on duties to be refunde d (if any) as provided in Article 41 of this 
Decree.   
 
Article 41. Refund of differentials on duties with respect to provisional anti -dumping duties 
or deposits 
 
 The difference on duties with respect to provisional anti-dumping duty or deposits, as 
prescribed in paragraph 3 Article 20 of the Ordi nance on Anti-dumping, shall be refunded at duty-
collecting points in accordance with the following provisions:   
 
1. In cases where the amount of anti-dumping duty in the final conclusion is lower than the 
amount of provisional anti-dumping duty, the tax diff erence in levies with respect to provisional anti-
dumping duty, which have already been collected, shall be reimbursed in full;    2. In cases where the Minister of Trade d ecides not to impose antidumping duties, any 
provisional antidumping duty or deposits, which have already been collected, shall be reimbursed in 
full;    3. There shall be no interests on refunda ble amounts as prescribed in paragraph  1 and 2 of this 
Article.    G/ADP/N/1/VNM/1 
 Page 31 
 
 
  Article 42. Determination of individual dumpi ng margin for exporters,  [or] producers who 
did not export the goods concerned during the period of investigation 
 
1. In cases where producers, (or) exporters of the goods that are subject to antidumping duties 
did not export such goods to Vietnam during the pe riod of investigation, on written request, the 
Investigating Authority shall promptly review a nd determine individual margins of dumping for such 
exporters or producers, provided that such exporters, [or] producers can show that they are not related 
to any of the exporters, [or] producers who are subj ect to the antidumping duty on the imports or with 
any of the exporters, [or] producers who are enga ged in undertakings to eliminate dumping as 
prescribed in Section 1 of this Chapter.   
 
2. The individual antidumping duty shall be im posed retrospectively as from the date on which 
the Investigating Authority receives the written requ est for determination of individual margin of 
dumping as prescribed in paragraph 1 of this Article.    
3. Where individual antidumping duty is lower than the amounts of antidumping already 
collected, the tax differentials sh all be refunded at duty-collecting points as provided by law. No 
interests shall be paid on such differentials.     
CHAPTER V 
IMPLEMENTING PROVISIONS 
 Article 43. 
 
 This Decree shall come into force 15 days af ter the date on which it is published in the 
gazette.    
Article 44. Implementation 
 
1. The Minister of Trade shall be responsib le for the enforcement of this Decree.   
 2. The Ministry of Finance is responsible fo r providing guidance for procedures for collecting 
and remitting the anti-dumping duties to the state budget; procedures for reimbursement the difference 
of provisional anti-dumping duty or bonds/deposits.   
 
3. Ministers, heads of ministries and Governmental bodies and chairpersons of municipal and provincial People's Committees are in charge of implementing this Decree.    
On behalf of the Government 
           Prime Minister 
        PHAN VAN KHAI 
  
 
__________