Tiếng Việt
中文 (中国)
Based on Decision No. 1739/QD-BCT regarding the issuance of criteria for selecting legal consulting service providers in trade remedy cases and dispute resolution at the WTO on trade remedies, dated December 21, 2023, the Trade Remedies Authority of Vietnam has announced the selection of a legal service provider to represent and assist the Vietnamese Government in the process of proposing that the United States recognize Vietnam as a market economy.
On September 8, 2023, the Ministry of Industry and Trade of Vietnam sent a request to the U.S. Department of Commerce to conduct a review of changes in circumstances to reconsider the market economy status of Vietnam in the context of the administrative review of anti-dumping duties on honey from Vietnam.
On October 23, 2023, the U.S. Department of Commerce initiated a review of changes in circumstances to reconsider whether Vietnam meets the criteria to be recognized as a market economy.
It is anticipated that the U.S. Department of Commerce will issue its final determination on the investigation before July 26, 2024. This deadline may be extended if the Department of Commerce deems it necessary to gather and process additional relevant information.
Considering the complex nature and significance of the matter, which not only involves a single anti-dumping investigation but also affects the future trade relationship between Vietnam and the United States, the Trade Remedies Authority of the Ministry of Industry and Trade of Vietnam is seeking a specialized legal consulting entity with relevant experience to represent and assist the Vietnamese Government in proposing that the United States recognize Vietnam as a market economy.
According to the U.S. Customs statistics until the end of August 2023, Vietnam is the 10th largest trading partner of the United States, with a total trade turnover of approximately USD 79.4 billion. Of this, exports to the United States amounted to USD 73.0 billion, while imports from the United States were USD 6.3 billion. Vietnam remains the third-largest trade surplus country with the United States, reaching USD 66.7 billion (after China with USD 181.8 billion and Mexico with USD 100.7 billion).
Scope of Work
The selected legal consulting entity is tasked with the following:
- Provide the Vietnamese Government with a comprehensive strategy and detailed plan for participating in the review of changes in circumstances.
- Mobilize U.S. and Vietnamese companies, associations, and other relevant parties to support the recognition of market economy status for Vietnam.
- Prepare a list of information and documents required for the Vietnamese Government to prepare comments and counterarguments in the review of changes in circumstances.
- On behalf of the Vietnamese Government, prepare and submit timely comments.
- Assist in drafting supportive opinions for the recognition of market economy status for Vietnam from U.S. and Vietnamese companies, associations, and other relevant parties, if necessary.
- Analyze the opinions of relevant parties to prepare counterarguments.
- Represent the Vietnamese Government in public hearings if organized by the U.S. Department of Commerce.
- On behalf of the Vietnamese Government, liaise with the U.S. Department of Commerce and other relevant parties in the review of changes in circumstances if needed.
- Provide timely updates on the progress of the review of changes in circumstances to the Vietnamese Government.
Some notes include:
• All documents and exchanges before submission to the U.S. Department of Commerce must be reviewed and approved by the Vietnamese Government (represented by the Ministry of Industry and Trade).
• Legal firms and partners need to have regular meetings with the Ministry of Industry and Trade to update on the case.
• Prepare and submit timely reports on the developments and progress of the case to the Ministry of Industry and Trade.
To ensure the progress of the case, participating entities must submit their law firm profiles, information about the participating lawyers, and a proposal (hard or soft copy) based on the mentioned contents to the Trade Remedies Authority before 5:00 PM on December 25, 2023 (Hanoi time) for the Ministry of Industry and Trade to decide and choose a suitable partner.
ASL LAW is the top-tier Vietnam law firm for Anti-dumping & countervailing. If you need any advice, please contact us for further information or collaboration.
