Promulgating Circular No. 42/2023/TT-BCT amending and supplementing a number of regulations on trade remedies in Vietnam, Promulgating Circular No. 42/2023/TT-BCT amending and supplementing a number of regulations on trade remedies, Circular No. 42/2023/TT-BCT, Circular No. 37-2019/TT-BCT,

Promulgating Circular No. 42/2023/TT-BCT amending and supplementing a number of regulations on trade remedies in Vietnam

On December 28, 2023, the Ministry of Industry and Trade issued Circular No. 42/2023/TT-BCT, amending and supplementing certain provisions on trade remedy in Vietnam.

Circular No. 42/2023/TT-BCT, effective from November 29, 2019, revises and supplements certain provisions of Circular No. 37-2019/TT-BCT, which detailed some contents regarding trade remedy measures. After five years of implementation, Circular No. 37/2019/TT-BCT had several provisions that did not keep pace with emerging trends, developments, and new situations in society, causing difficulties in practical application.

To address and rectify these issues, Circular No. 42 was developed, inheriting appropriate and effective provisions from Circular No. 37 while amending and supplementing outdated ones. The aim is to ensure compliance with the requirements of implementing trade remedy measures and to overcome difficulties in the enforcement of Circular No. 37.

The draft of Circular No. 42 consists of three articles with the following key content:

Article 1: Amendments and supplements to eight provisions of Circular No. 37/2019/TT-BCT, including:

  • modifications to Article 6 regarding related parties in trade remedy investigations;
  • amendments to Article 10 on the scope of examining exemptions from trade remedy measures;
  • additions to Article 11 concerning the duration of exemptions from trade remedy measures,
  • changes to Article 13 on criteria for examining and forms of exemption,
  • additions to Article 16 on the notification of receipt of exemption request dossiers and the requirement for supplementary dossiers,
  • modifications to Article 20 on periodic report submission obligations,
  • amendments to Article 23 on post-exemption checks,
  • additions to Article 26 on the revocation of exemption decisions.

Article 2: Abolishment of clauses 5 and 6 of Article 10 of Circular No. 37/2019/TT-BCT.

Article 3: Implementation provisions.

The issuance of Circular No. 42 is a significant contribution to the comprehensive legal framework in the field of trade remedy. When implemented, Circular No. 42 will fill legal gaps, facilitating Vietnam’s development in anti-dumping and trade remedy industries.

Enterprises operating in manufacturing and exportation should pay special attention to the amendments and supplements in Circular No. 42 to ensure the lawful enforcement of trade remedy regulations, achieving effectiveness and quality. Circular No. 42 will take effect on February 16, 2024.

The full content of the Circular can be downloaded here.

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