Antidumping process In Vietnam - Vietnam Antidumping Law - Vietnam Law on Antidumping - Vietnam Anti-dumping process - Antidumping Law In Vietnam, process of antidumping investigation in Vietnam

Notes to the process of anti-dumping investigation in Vietnam

Recently, Vietnam has been initiating 10 cases of an anti-dumping investigations against products imported from foreign countries like India, Malaysia, Thailand, China and others. It is expected that there shall be more cases in the next years. Therefore, it is significant to know about the process of anti-dumping investigation in Vietnam.

I. The host institution: the Department of Trade Remedies.

II. legal basis:

-Law on Foreign Trade Management No. 05/2017/QH14.

– Decree No. 10/2018/NĐ-CP detailing Law on Foreign Trade Management on Trade Remedies.

III. The handling process

Step 1:  Receipt of dossiers of request for imposition of anti-dumping measure

The Office of Department of Receipt of application for imposition of anti-dumping measures; record in the register and submit to the Director (or assigned Deputy Director) on this day.

Dossiers of request for imposition of anti-dumping measure include:

  1. The written request for application of anti-dumping measures, including the following contents:
  2. a) Name, address and other necessary information of the organization/individual representing the domestic industry;
  3. b) Information, data and evidences for determining the representative of the domestic industry, including list of domestic organizations and individuals producing similar goods; volume and quantity of similar goods produced by the above organizations and individuals;
  4. c) Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;
  5. d) Description of the imports subject to investigation of imposition of anti-dumping measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;
  6. e) Description of similar goods of the domestic industry, including scientific names, trade names, common names; basic physical and chemical characteristics; main purpose; Vietnam and international standards/regulations;
  7. f) Information on the volume, quantity and value of the imports specified in Point d of this Clause within 12 months prior to the submission of dossiers;
  8. g) Information on the volume, quantity and value of similar goods of the domestic industry specified in Point dd of this Clause within 12 months prior to the submission of dossiers; except where the domestic industry operates less than 12 months;
  9. h) Information on the normal price and export price of the described goods in accordance with Point d this Clause; dumping margin of the imports subject to investigation of anti-dumping measures;
  10. i) Information, data and evidences on significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
  11. j) Information, data and evidences on the causal relationship between the import of goods specified in Clause d this Point and the damage to domestic industry significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
  12. k) Information on the exporting country or the origin of goods subject to investigation of anti-dumping measures, including a specific list of foreign producers, exporters and importers;
  13. l) Specific requirements on the imposition of anti-dumping measures, the duration and the extent of imposition.
  14. Other relevant documents and information which are deemed necessary by the organization or individual requesting the application of anti-dumping measures.

The Office of Department of Receipt of dossiers, after having the opinion of the Director (or assigned Deputy Director) and transferred to the  Office of Investigating, dealing with anti-dumping, anti-subsidy and safe guard cases to handle.

Step 2: Acceptance of dossiers of request for imposition of anti-dumping measure

Within 15 days from the receipt of the application for imposition of anti-dumping measures (hereinafter referred to as application), the investigating authority shall notify the organization/individual on the adequacy and validity of the application. If the application is not adequate or valid, the investigating authority shall request supplementation from the organization/individual.

The time limit for supplementation of the application is decided by the investigating authority but not lower than 30 days from the notification of supplementation.

Step 3: Appraisal of dossiers of request for the application of anti-dumping measures

  1. The appraisal of the application and issuance of decision on investigation shall comply with Clause 2 Article 70 of the Law on foreign trade management. Thus, the appraisal shall be proceeded within 45 days
  2. Contents of the verification of application include:
  3. a) Determining the legal representative status of a domestic industry of the organization or individual submitting the application.
  4. b) Determining evidences of the dumping on goods imported to Vietnam which causes significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry.

Step 4: Decision on investigation for application of anti-dumping measures

Within 45 days from the date of issuance of a notice of a valid dossier, based on the proposal of the trade remedy Investigation Agency (below referred to as the Investigation Agency), the Minister of Industry and Trade shall issue a decision to launch or not to launch an investigation. In special cases, this time limit may be extended once for no more than 30 days. 

Step 5: Notice of the anti-dumping investigation decisions

Within 15 days from the date the Minister of Industry and Trade issues a decision to launch an anti-dumping investigation, the investigation body is responsible to notify the investigation to the government of the country of the related manufacturer/exporter and other related parties.

Antidumping process In Vietnam - Vietnam Antidumping Law - Vietnam Law on Antidumping - Vietnam Anti-dumping process - Antidumping Law In Vietnam
Antidumping process In Vietnam

Step 6: Organizing consultations

  1. During the investigation of the imposition of trade remedies, review of trade remedies and taking action against evasion of trade remedies, the investing authority may consult separately with a relevant party according to the written request of such party provided that such consultation shall not affect the time limit for investigation and review of the case.
  2. Before the end of the investigation, the investing authority shall organize a public consultation with relevant parties. The investing authority shall notify the organization of the public consultation to relevant parties at least 30 days before the consultation.
  3. At least 07 days before the organization of the public consultation, the relevant parties shall register to participate in the consultation to the investing authority, in which they may include a document on the issues that need to be consulted with arguments. Relevant parties are exempted from the consultation participation fee.
  4. Within 07 days from the organization of the public consultation, the relevant parties shall send a written document on the contents presented at the consultation to the investing authority.
  5. Within 15 days from the organization of the public consultation as specified in Clause 2 this Article, the investing authority shall publish the consultation record to relevant parties.

Note: There shall not be closed consultations organized by the Investigation Agency.

Step 7: Preliminary conclusions

No regulations on the time limit for the issuance of preliminary conclusions by the Investigation Agency. It is based on It will be based on the complexity of the investigated case in order to provide a reasonable time for making preliminary conclusions.

Step 8: Decision of application of provisional anti-dumping duties

The application of provisional anti-dumping duties shall be decided by the Minister of Industry and Trade based on the preliminary conclusion of the Investigation Agency. Provisional anti-dumping duty rates must not exceed the dumping margin stated in the preliminary conclusion.

The temporary anti-dumping tax shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade.

The time limit for imposition of provisional anti-dumping duties is 120 days from the effective date of the decision on imposition of provisional anti-dumping duties. At the request of exporters of similar goods into Vietnam, the Minister of Industry and Trade may extend this time limit for not more than 60 days.

Accordingly, in case of that the temporary anti-dumping tax are imposed at a lower rate compared to the dumping margin in the preliminary conclusion or in case of that the exporting organizations and individuals of goods under consideration imported into Vietnam request for extension of the imposition of temporary anti-dumping tax and the volume and quantity of goods under consideration of the requesting exporters accounting for a considerable proportion of the total volume and quantity of goods under consideration imported into Vietnam, The Minister of Industry and Trade may extend the period of imposition of temporary anti-dumping tax, but the extension shall not exceed 60 days.

list of anti-dumping cases in Vietnam
list of anti-dumping cases in Vietnam

Step 9: Application of commitment measures

After the Minister of Industry and Trade issues the decision on imposition of temporary anti-dumping tax and within 30 days before the end of the investigation phase, the producers and exporters of goods under consideration (hereinafter referred as ‘requesting party’) may send written commitments to eliminate dumping  (hereinafter referred to as ‘commitment’) to the Investigation Agency on:

  1. i) Voluntarily adjusting the selling prices;
  2. ii) Voluntarily restricting the volume, quantity or value of the goods dumped into Vietnam.

The Investigation Agency may accept or reject the commitment or request adjustment of the commitment after consulting organizations or individuals representing the domestic industry concerned.

Within 30 days after the receipt of the commitments, the Investigation Agency shall review and report to the Minister of Industry and Trade for decision.

Based on reports of the investigating authority, the Minister of Industry and Trade shall issue a decision on accepting or rejecting the commitment of the requesting party. If the commitment is rejected, the Minister shall notify the reasons of rejection.

The decisions specified above must be published to involved parties by appropriate methods.

Step 10: Final conclusions

In case of not achieving commitments, after the end of investigation, the Investigation Agency announce its final conclusions on the investigated contents. The Final conclusions of the Investigation Agency and major grounds for making final conclusions must be notified by appropriate modes to the involved parties in the investigation.

Otherwise, after the decision of the Ministry of Industry and Trade on whether accepting commitments or not, the Investigation Agency continue to investigate and issue the final conclusions as follow:

  1. a) In case of that the final conclusions of the Investigation Agency determine that there is no dumping or no significant damages, threat to cause damages to domestic industry or significant obstruction of the establishment of a domestic industry, the Minister of Industry and Trade makes a decision on termination of the case and the implementation of commitments.
  2. b) If the final conclusions of the Investigation Agency determine that there are dumping or no significant damages, threat to cause damages to domestic industry or significant obstruction of the establishment of a domestic industry, commitments continue to be implemented as for the contents set out in the commitments.

Step 11: Decision on the application of official anti-dumping measures

In case of that parties made commitments, which are accepted by the Minister of Industry and Trade, however commitments are cancelled in cases as follow:

  1. The requesting parties committed violations to the commitments;
  2. The investigation agency requests for the cancellation of commitment implementation;
  3. The requesting parties request for the cancellation of commitments. The requesting parties may require to cancel commitments at any time in the time limit of the effectiveness of commitments with the condition which is that the cancellation must be notified to the Investigation Agency at least 30 days before the cancellation.

In case of the cancellation of commitment implementation carried out as in the above case 1, the Minister of Industry and Trade has rights to decide on the application of official anti-dumping measures based on available information and the retroactive application to the goods of the requesting party committing violations.

In case of the cancellation of commitment implementation carried out as in the above case 2 and 3, the application of anti-dumping measures is implemented as follow:

  1. a) If the cancellation of commitment implementation is carried out in the effective period of the imposition of provisional anti-dumping measures, the Minister of Industry and Trade shall cancel commitment implementation and notify the customs authority imposing provisional anti-dumping measures based on preliminary conclusions.
  2. b) If the cancellation of commitment implementation is carried out in the effective period of the imposition of official anti-dumping measures, the Minister of Industry and Trade shall cancel commitment implementation and notify the customs authority imposing official anti-dumping measures based on final conclusions.

Within the time limit of 15 days as from the day on which the Investigation Agency send the Minister of Industry and Trade final conclusions, the Minister of Industry and Trade shall issue a decision on the case.

Step 12: Review of the imposition of anti-dumping measures

Within 60 days before the end of 1 year as from the date of the issuance of the decision of applying official anti-dumping measures or the latest decision on the result of the review of anti-dumping measures, the involved parties may submit dossiers of requesting for the review, unless the deadline of filing dossiers is less than 9 months until the time limit for the Minister of Industry and Trade to decide whether to carry out the final review of anti-dumping measures.

After one year from the date of the issuance of the decision of the imposition of anti-dumping measures, the Minister of Industry and Trade may decide to review the imposition of anti-dumping measures as per one or many involved  parties in the investigated case and on the basis of considering evidences provided by the requesting parties.

In case of final review, no later than 12 months before the date of the ineffectiveness of decision of the application of anti-dumping measures, the Investigation Agency shall notify the receipt of the dossiers of the final review of the imposition of antidumping measures.

Within 30 days as from the date of the issuance of the notice of the Investigation Agency, domestic producers representing domestic industry may file dossiers of the request for the final review of the imposition of anti-dumping measures. 

ASL LAW is a Vietnam Anti-dumping law firm specializing in anti-dumping consultancy. In case you need more information, please contact ASL LAW at the following address:

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