G/ADP/Q1/VNM/3  
G/SCM/Q1/VNM/3  
G/SG/Q1/VNM/3  
 
2 April  2019 
(19-2080) Page: 1/4 
Comm ittee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures 
Committee on Safeguards  Original: English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6  AND 12.6 OF THE AGREEMENTS  
QUESTIONS POSED BY THE UNITED STATES  REGARDING  
THE NOTIFICATION OF VIET NAM1 
The following c ommunication, dated 1 April  2019, is being circulated at the requ est of the delegation 
of the United States.  
 
_______________  
 
 
The United States thanks Viet Nam for its notification of the Law No. 05/2017/QH14 on Foreign 
Trade Management, Decree No. 10/2018/ND -CP (Decree ), and Circular No. 06/2018/TT -BCT 
(Circular ), and poses the following questions:  
 
Question 1  
 
Please clarify what legal authority takes precedence in the event of a conflict between Law 
No. 05/2017/Qh14 on Foreign Trade Management, the Decree No. 10/2018/ND -CP, and Circular 
No. 06/2018/TT -BCT and the relevant WTO agreements (i.e., Agreement on Implementation of 
Article VI of the General Agreement on Tariffs and Trade 1994, Agreement on Subsidies and 
Countervailing Measures, and Agreement on Safeguards).  
 
Questi on 2 
 
Chapter 1 Article 3 of the Circular  states that the term "special products " refers to "the products 
which have physical and chemical properties similar to {sic} but some characteristics, appearance 
or quality different from the like or directly compe titive products manufactured by the domestic 
industry ". In light of the fact that Article XIX of the General Agreement on Tariffs and Trade 1994 
and the Agreement on Safeguards use the term "like or directly competitive ", please explain whether 
Viet Nam pl ans to use this term in making determinations and findings in safeguard investigations 
or in applying safeguard measures.  
 
Question  3 
 
Chapter 3 Article 10 of the Circular  states that importers of products, users of products, and other 
organizations and individuals, as decided by the Minister of Industry and Trade, may submit requests 
for exemption from trade remedies.  
 
a. Please provide examples of "other organizations and i ndividuals " that may submit requests 
for this type of exemption .  
                                                
1 G/ADP/N/1/VNM/2 –G/SCM/N/1/VNM/1 –G/SG/N/1/VNM/2 (dated 31 August 2018). For the sake of 
efficiency, the United States suggests that committee review for questions 12 -14 be conducted in the 
Committee on Safeguards, while the review for all other questions be conducted in the Committee on Anti -
Dumping Practices.  G/ADP/Q1/VNM/3 • G/SCM/Q1/VNM/3 • G/SG/Q1/VNM/3  
 
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  b. Please clarify whether all interested parties defined in Chapter 9 Article 74 in the Law 
No. 05/2017/QH14 on Foreign Trade Management would have the opportunity to request an 
exemption.  
c. If the Minister of Industry and Trade grants these exemptions during the course of an 
investigation, how will it account for the impact those exemptions have on the domestic 
industry for purposes of determining injury and the effectiveness of any measures imp osed?  
 
Question  4 
 
Chapter 1 Article 11 of the Decree  notes that the investigating authority shall make public non -
confidential information via electronic means or other means as suitable to the technical 
infrastructure of the investigating authority.  
 
a. Please clarify whether non -confidential information wil l be provided only to interested parties 
registered with the authority or will it also be available to the general public.  
b. How will interested parties or the general public, if allowed, access the non -confidential 
information?  
c. Please clarify what constitut es non -confidential information that will be provided. For example, 
will non -confidential case files, memos of authority decisions, verification reports, briefs, and 
meeting notes be provided?  
 
Question  5 
 
With regard to Chapter 1 Article 12 in the Decree , please clarify how far in advance the investigating 
authority will notify interested parties subject to investigation of the documents and information it 
intends to verify through an on -site investigation.  
 
Question  6 
 
Chapter 1 Article 13 in the Decree  indicates that the investigating authority may hold consultations 
with interested parties.  
 
a. Will a non -confidential summary of these consultations be placed on the public record of the 
proceeding?  
b. Will interested parties be able to present new information or arguments at these consultations 
or will only information and arguments previously submitted in writing be allowed?  
 
Question  7 
 
Chapter 1 Article 15 in the Decree  states that a "list of underdeveloped and developing countries 
shall be deter mined by the investigating authority based on reliable data ". For the purpose of 
countervailing duty investigations, please explain how the investigating authority will determine that 
a country should be considered underdeveloped, developing, or developed?  
 
Question  8 
 
Chapter 2 Article 23 in the Decree  indicates that material injury will be determined on the basis of 
the effects of price depression or suppression of imported products under investigation on selling 
prices of like products domestically produ ced. Will the investigating authority determine that the 
effect of subject imports is to depress or suppress the price of a like product to a significant degree ? 
In considering the price effects of subject imports, will the investigating authority also con sider 
whether there has been significant price undercutting by subject imports ?  
 
Question  9 
 
Chapter 2 Article 24 in the Decree  indicates that the threat of material injury to a domestic industry 
shall be determined based on multiple factors and specific evidence . Does "specific evidence " mean 
that the determination of the threat of material injury to a domestic industry will be based on facts 
and not merely on allegation, conjecture or remote possibility?  
 G/ADP/Q1/VNM/3 • G/SCM/Q1/VNM/3 • G/SG/Q1/VNM/3  
 
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  Question  10 
 
Regarding Chapter 2 Article 42 in the Decree , which discusses cancellation of an undertaking, in 
what circumstances would the investigating authority terminate an undertaking if there is no 
violation prescribed?  
 
Question  11 
 
If Viet Nam self -initiates an investigation, will the investigating authority provide a non -confidential 
version of the dossier to interested parties?  
 
Question  12 
 
Chapter 3 Article 49 states that the investigating authority must appraise the dossier and send it to 
the Minister of Industry and Trade for a determination within 45 days after issuing a notice of receipt 
of a complete and valid dossier . 
 
a. Please explain how that authority will go about the process of "appraising " the dossier, 
including whether it will conduct  its own investigation and will gather additional information .  
b. Please explain whether the investigating authority will rely only on information in the dossier .  
c. Please explain whether the investigating authority will establish procedures regarding the 
investigation that will provide reasonable public notice to all interested parties of the 
investigation, and provide for public hearings or other appropriate means in which importers, 
exporters, and other interested parties can present evidence and their view s, including the 
opportunity to respond to the presentations of other parties and address whether the 
application of a safeguard measure would be in the public interest.  
 
Question  13 
 
Please explain the role of the Minister of Industry and Trade in the dec ision-making process, including 
whether that role is consistent with procedural requirements that relate to the role of the competent 
authorities who conduct the investigation within the meaning of Article 3.1 of the Agreement on 
Safeguards.  
 
Question  14 
 
Please explain whether the Minister of Industry and Trade or the investigating authority prepares 
and publishes the report required by Article 3.1 of the Agreement on Safeguards – that is, the report 
that sets forth the findings and reasoned conclusions on  all pertinent issues of fact and law.  
 
Question  15 
 
Regarding Chapter 4 Article 66 in the Decree , please clarify the process for a new exporter to apply 
for a review.  
 
Question  16 
 
With regard to Chapter 5 Article 76 in the Decree , please clarify how "large proportion " is determined 
in an anti -circumvention proceeding.  
 
Question  17 
 
Chapter 5 Article 81 of the Decree  states that the Ministry of Industry and Trade shall consider and 
decide whether to initiate an anti -circumvention investigation within 45 d ays of receiving a complete 
and valid request.  
 
a. Please provide a timeline of expected events (for example, preliminary determination, 
hearings, final determination) in an anti -circumvention investigation.  
b. Please explain how interested parties and the public are made aware of these events and how 
they can obtain relevant non -confidential notices.   
 
 G/ADP/Q1/VNM/3 • G/SCM/Q1/VNM/3 • G/SG/Q1/VNM/3  
 
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  Question  18 
 
Where will the Ministry of Industry and Trade publish the final determination of antidumping, 
countervailing duty, and safeguard investigations ? 
 
Question  19 
 
In the event an antidumping, countervailing duty, or safeguard investigation results in the imposition 
of a measure, please explain the effective date of an order to collect duties (e.g., the publication of 
a final determination from the Mi nistry of Industry and Trade, or another event or publication 
announcing the start of collection of duties).  
 
Question  20 
 
Regarding the opportunities for parties to appeal trade remedy decisions:  
 
a. Please identify the appropriate court of review for appea ls of antidumping, countervailing duty, 
or safeguard decisions.  
b. Please explain whether all aspects of an investigation are subject to appeal or only certain 
decisions, such as, for example, the decision to impose provisional or final duties or the 
calcula tion methodologies used to determine dumping margins.  
 
 
__________