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As part of the 2024 program for developing legal documents by the Ministry of Industry and Trade, the Trade Remedies Authority of Vietnam has been tasked with drafting and submitting to the Government a decree to replace Decree No. 10/2018/ND-CP.
In the context of international economic integration, the use of trade remedies to prevent damage caused by imported goods to domestically produced goods has become a common practice in many countries. Therefore, trade remedies have become an important aspect of international trade law under the World Trade Organization (WTO), as well as in the legal systems of member countries.
Trade remedies laws hold a significant position and are widely applied by countries to protect domestic industries from unfair competition from dumped, subsidized, or excessively increased imports.
Decree No. 10/2018/ND-CP specifies and details WTO principles on trade remedies that have been incorporated into domestic law through the Law on Foreign Trade Management (LFTM). This decree provides a legal framework for investigating and applying trade remedies. Decree No. 10/2018/ND-CP comprises 7 Chapters and 96 Articles, covering the following key areas:
- General provisions;
- Provisions on the basis for proceeding, procedures, time limits, content, and basis for terminating trade remedy investigations;
- Provisions on determining damage to the domestic industry;
- Provisions on anti-circumvention of trade remedy measures;
- Provisions on the application and review of trade remedy measures;
- Provisions on the responsibilities of relevant agencies in the investigation process;
- Provisions on exemption from trade remedy measures;
- Provisions on handling trade remedy measures applied to Vietnamese export goods.
After nearly 7 years of implementing Decree No. 10/2018/ND-CP, dated January 15, 2018, which details certain articles of the LFTM regarding trade remedies, the Ministry of Industry and Trade has reviewed and identified several inadequacies and limitations. These limitations stem from various causes, such as:
- Some provisions of Decree No. 10/2018/ND-CP are not entirely consistent with the LFTM and WTO regulations;
- The structure of Decree No. 10/2018/ND-CP for all three trade remedies (antidumping, countervailing, and safeguards) is not entirely appropriate;
- Trade remedies are relatively new in Vietnam, so the provisions of Decree No. 10/2018/ND-CP do not cover all practical situations, especially regarding anti-circumvention.
These limitations and inadequacies have affected the effectiveness of investigating and applying or responding to trade remedies in recent times. Therefore, it is necessary to issue a decree to replace Decree No. 10/2018/ND-CP to unify the regulations in trade remedies laws, amend unreasonable provisions, and supplement missing provisions to improve the trade remedies legal system and facilitate implementation.
The draft decree detailing certain articles of the LFTM on trade remedies, replacing Decree No. 10/2018/ND-CP, can be downloaded here.
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