On 15/01/2018, the Government issued Decree No. 10/2018/ND-CP detailing a number of articles of the Law on foreign trade management of trade remedies. This Decree takes effect from the date of its promulgation.
Decree No. 10/2018 / ND-CP detailing some articles of the Law on Foreign Trade Management on the basis of the procedure, order, procedures, time, content and grounds for termination of investigations. trade defense; How to determine the damage of the domestic industry; refrain from circumventing trade remedies; application and review of trade remedies; the coordinating responsibility of relevant agencies in the investigation process; exemption from the application of trade remedies; Application of trade remedies measures applied to export goods of Vietnam.
Accordingly, this Decree stipulates that in anti-dumping, anti-subsidy investigations, producers in a particular geographic market in Vietnam may be considered as domestic manufacturing. if the following conditions are met:
Producers in the geographic market sell all or almost all of the goods they produce in that market;
The demand for that geographic market is not significantly met by similar domestic producers in other geographic markets.
In addition, the Decree No. 10/2018/ND-CP also provides for the application of anti-dumping, anti-subsidy, tax rates, tax deadlines and the extension of the tax period. Clause 1 of Article 81 and Clause 1 of Article 89 of the Law on Foreign Trade Management.
An anti-dumping or anti-subsidy tax shall be applied not earlier than 60 days from the date the Minister of Industry and Trade decides to investigate. In cases where the anti-dumping or anti-subsidy tax is applied lower than the dumping margin or the subsidy level stated in the preliminary conclusions, or in cases where the organizations or individuals exporting the goods under investigation Vietnam requested an extension of the application of provisional anti-dumping tax and anti-subsidy tax and the volume and quantity of investigated goods of the requested exporting organization or individual accounted for a significant proportion of the total volume , the number of investigated goods imported into Vietnam, the Minister of Industry and Trade may extend the duration of application of anti-dumping tax and anti-subsidy provisional, but the extension duration shall not exceed 60 days. Within 15 days after the Investigation Agency sends the Minister of Industry and Trade final conclusion, the Minister of Industry and Trade shall issue a decision on the case.
Decree No. 10/2018 / ND-CP contains detailed provisions on trade remedies in the most detailed way, contributing to reducing difficulties and obstacles for enterprises, thereby improving the quality of management. State in commercial activities.