. /. RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/VNM/5/Rev.3/Corr.11 
10 July 2006 
 
 (06-3317) 
Working Party on the 
Accession of Viet Nam Original:   English 
 
 
 
ACCESSION OF VIET NAM 
 
Draft Report of the Working Party on the Accession of Viet Nam  
 
Corrigendum  
  
 Under the section "Anti-dumping, countervailing dut ies, safeguard regimes" (page 95) replace 
paragraphs 240 and 241 as follows: 
 
240. The representative of Viet Nam confirmed that, upon accession, the following would apply 
− Article VI of the GATT 1994, the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 ("Anti-Dumpi ng Agreement") and the SCM Agreement shall 
apply in proceedings involving exports from Viet Nam into a WTO Member consistent with the 
following: 
 
(a) In determining price comparability under Article VI of the GATT 1994 and the Anti-
Dumping Agreement, the importing WTO Member shall use either Vietnamese prices or costs for the industry under investigation or a methodol ogy that is not based on a strict comparison 
with domestic prices or costs in Viet Nam based on the following rules: 
 
(i) If the producers under investigation can cl early show that market economy conditions 
prevail in the industry producing the like product with regard to the manufacture, 
production and sale of that product, the importing WTO Member shall use Vietnamese prices or costs for the industry  under investigation in determining price 
comparability; 
 
(ii) The importing WTO Member may use a methodology that is not based on a strict 
comparison with domestic prices or costs in Viet Nam if the producers under investigation cannot clearly show that market economy conditions prevail in the 
industry producing the like product with re gard to manufacture, production and sale 
of that product. 
 (b) In proceedings under Parts II, III and V of the SCM Agreement, when addressing subsidies, 
the relevant provisions of the SCM Agreement shall apply; however, if there are special difficulties in that application, the importing WTO Member may then use alternative 
methodologies for identifying and measuring the subsidy benefit which take into account the 
possibility that prevailing terms and conditions  in Viet Nam may not be available as 
appropriate benchmarks. 
                                                     
 
1 In English only. WT/ACC/SPEC/VNM/5/Rev.3/Corr.1 
Page 2  
 
  (c) The importing WTO Member shall notify methodologies used in accordance with 
subparagraph (a) to the Committee on An ti-Dumping Practices and shall notify 
methodologies used in accordance with subpara graph (b) to the Committee on Subsidies and 
Countervailing Measures. 
 
241. Once Viet Nam has established, under the nationa l law of the importing WTO Member, that it 
is a market economy, the provisions of subparagr aph (a) shall be terminated provided that the 
importing Member's national law contains market economy criteria as of the date of accession.  In any event, the provisions of subparagraph (a)(ii) shall expire on 31 December 2018.  In addition, should 
Viet Nam establish, pursuant to the national la w of the importing WTO Member, that market 
economy conditions prevail in a particular industry or sector, the non-market economy provisions of 
subparagraph (a) shall no longer a pply to that industry or sector. 
  
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