On 30 September 2019, Ministry of Trade and Industry issued Circular No. 19/2019/TT-BCT on application of special safeguard measures to implement Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This Circular comes into effect from 14 November 2019.
Accordingly, the Circular reflects many notable regulations as follows:
1. Definition of “transition period”
– Transition period is the 3-year period starting from the effective date of CPTPP in relation to one particular goods. Where the tariff elimination for the goods occurs over longer period, such longer period is transition period.
– In relation to textiles, transition period starts from the effective date of CTPP until 5 years after the date on which Vietnam eliminates tariff on textiles for the exporting Party according to CPTPP.
2. Transition safeguard measures include:
– Suspensions of further duties reduction according to CPTPP applied for investigated goods.
– Increase of duties for such goods to an extent not exceding the lesser of preferrential tariff rate at the time of applying this measure or preferrential tariff rate preceding the effective date of CPTPP.
3. Transition safeguard measures durion
– Transition safeguard measures do not exceed 02 years. This period can be extended for a further 01 year if investigating agency determines that the transition safeguard measures should be continued to prevent from or remedy serious damage, and to facilicitate any change of domestic industry.
– Where the duration of a transitional safeguard measure is over 01 year, it must be progressively liberalized at regular intervals during the period of application.