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Procedures for investigation and settlements of anti-dumpingincludes these steps
I. Authorised department: Competition Administration Department
II. Legal base
- Ordinance No. 20/2004/PL-UBTVQH of Standing Committee Of National Assembly against dumping of imported goods into Vietnam
- Decree No. 90/2005/ND-CP dated July 11, 2005 of Government detailing the implementation of a number of articles of the Ordinance on Anti-Dumping of imported goods into Vietnam.
III. Handling procedures
Step 1: Receive dossier requesting for anti-dumping measure application and assign the officials to be in charge
Administrative Office receives dossier requesting for anti-dumping measure application; record, and submit to General Director (or assigned Deputy General Director) within day
The dossier requesting for anti-dumping measure application includes
1. The application for anti-dumping measure application with the following contents
a) Name, address and other necessary information about the organization or individual requesting the application of anti-dumping measures;
b)Description of the imported goods subject to the request for application of anti-dumping measures, including the name, basic features, main usage purpose, current import tariff code, currently applicable import tax, and country of origin of the imported goods;
c)Description of the volume, quantity or value of the imported goods stipulated in clause (b) within the period of twelve months prior to the date of submission of the request for application of anti-dumping measures;
d) Description of the volume, quantity or value of similar goods domestically manufactured within the period of twelve months prior to the date of submission of the request for application of anti-dumping measures;
e) Information about the usual price and the export price of the goods described in clause (b) at the time of their import into Vietnam within the period of twelve months prior to the date of submission of the request for application of anti-dumping measures;
f) Dumping margin of the imported goods subject to the request for application of anti-dumping measures;
h) Information, data and evidences of the significant loss to a domestic manufacturing industry which the goods dumped into Vietnam causes or threatens to cause;
i) Name, address and other necessary information about the organization or individual manufacturing and exporting into Vietnam the goods requested to be applied of anti-dumping measures;
j) Specific request for application of anti-dumping measures, with duration and level of applicability.
1. Other data and information considered necessary by the organization or individual requesting the application of anti-dumping measures.
Administrative Office get back the dossier after having feedback from General Director (or assigned Deputy General Director) and dispatch to Investigating, Anti-dumping anti-subsidy and safeguard handling Committee to resolve
Step 2: Process the dossier requesting for anti-dumping measure application
Within 15days since receiving the dossier requesting for anti-dumping measure application, if the dossier does not contain sufficient contents as stated in Ordinance No. 20/2004/PL-UBTVQH, Competition Administration Department will notify the applicant for supplementation.
The duration for supplementation is not shorter than 30days since the applicant receive the notification
Step 3: Evaluate the dossier requesting for anti-dumping measure application
Within 45days since receiving the complete and valid dossier requesting for anti-dumping measure application, Competition Administration Department have responsibility to evaluate and submit the dossier to Ministry of Industry and Trade to consider issuing the investigation decision
Step 4: Decision to investigate anti-dumping issue
Within 60 days since Competition Administration Department receive the dossier with enough documents as stated in article 9 of Ordinance against anti-dumping, Minister of Ministry of Industry and Trade will issue the investigation decision. In special circumstance, this duration may be extended but not longer than 30 days
Step 5: Notify the investigating decision
Within 15 days since the date that investigating decision to apply anti-dumping measure is issued, Competition Administration Department notify this decision to individual, organization requesting for anti-dumping application , the producers, importers, competent authority of country or territory having export goods requested to be applied the anti-subsidy measure and other involved parties
Step 6: Consultation
Based on the time to hold the consultation stated in investigating decision, Competition Administration Department organize the open consultation with involved parties
At least 30 days before the consultation days, the involved parties have to send written registration to participate in the consultation, in which clearly states the issues need consulting together with the arguments in writing.
In the duration of 07 working days since the consultation date, the involved parties have authority to submit the document to supplement the arguments on anti- dumping issues to Competition Administration Department
The entire consulting issues, includes documents presenting the arguments of the involved parties, consulting statement are announced openly by Competition Administration Department
In necessary circumstances, Competition Administration Department may hold a caucus consultation if requested by applicants or the parties requested to be applied anti-dumping measure. Based on the requests of the parties requesting for caucus consultation, the participants will be selected by Competition Administration Department
Step 7: Preliminary conclusion
Within a time-limit of ninety days from the date of issuance of a investigation, decision, Competition Administration Department shall announce its preliminary conclusion on the matters relative to the investigation process; in special circumstance, the time-limit for announcement of the preliminary conclusion may be extended, but not exceed sixty days.
Step 8 : Application of temporary anti-dumping tax
After 07 days since the date the preliminary conclusion is made, Competition Administration Department have to submit the report on investigation and preliminary conclusion to Minister of Ministry of Industry and Trade, in special circumstance, propose Minister of Ministry of Industry and Trade to issue the decision to apply temporary anti-dumping tax
When having requests from the exporter of similar products, Minister of Ministry of Industry and Trade may extend the temporary anti-dumping tax application duration but not longer than 60 days
Step 9: Apply commitment measure
After the announcement of the preliminary conclusions and not later than 30days before the end of the investigation stage, the individuals, origination producing or exporting these products may make the commitments with Ministry of Industry and Trade or to domestic producers, if approved by Ministry of Industry and Trade, on the following issue s:
a) Adjustment of the selling price;
b) Voluntarily limitation of the volume, quantity or value of goods dumped into Vietnam.
Within 30 days since receiving the commitment of eliminate the anti-subsidy, Competition Administration Department have responsibility to consider and propose the solution to Minister of Ministry of Industry and Trade to consider and make decision
Based on the proposal of Competition Administration Department on the commitment of eliminate anti-subsidy Minister of Ministry of Industry and Trade may issue the following decisions:
a) Decision to suspend the investigation and accept the commitment measure of the parties proposed
b) Proposal to the parties to make commitment adjustment but must not force them to make commitments
c) Decision not to accept the commitment measure and clearly state the arguments
The decision must be publicly announced to involved parties by appropriate means
If the parties proposing the commitment accept to adjust the contents of commitment, the new commitment has to be sent to Competition Administration Department
Step 10: Final conclusion
Within 30 days since the investigation is finished, Competition Administration Department announces the final decision on the conclusion of investigating issues:
Final decision and the main evidences for the final decision must be publicly announced by appropriate means
Within 07 days since the final decision is announced, Competition Administration Department dispatch the dossier to Anti-dumping, anti-subsidy and safeguard handling Committee
Step 11: Decision of Anti-dumping, anti-subsidy and safeguard handling Committee
Within 30 days after receiving the dossier, Anti-dumping, anti-subsidy and safeguard handling Committee consider the conclusion of Competition Administration Department, discuss and issue the decision according to the majority whether there are dumping on goods imported to Vietnam, or not; causing or threatening to cause the serious damage to domestic manufacturing; propose to Ministry of Industry and Trade to issue the decision to apply anti-dumping tax.
Step 12: Decision to Impose of anti-dumping tax
In case of failure to reach commitments, bas on the final conclusions and proposals for Anti-dumping solution of anti-subsidy and safeguard handling Committee, Minister of Ministry of Industry and Trade issue the decision to impose anti- dumping tax.
In case the imposition anti-dumping tax injuries the interests of domestic socio-economic; Minister of Ministry of Industry and Trade may issue the decision not to impose anti-subsidy tax
The decisions to impose anti-subsidy tax must be announced publicly.
Step 13: Appeal against decisions to impose anti- dumping tax
Within sixty days as from the date the Ministry of Industry and Trade issues decisions on the imposition of anti- dumping tax, if the parties involved in the process of investigation and application of anti- dumping measures disagree with the decisions, they may submit their complaints to Minister of Ministry of Industry and Trade
Within sixty days after receiving complaints, Minister of Ministry of Industry and Trade has responsibility to settle complaint, in special circumstance, this duration may be extended but not longer than 60 days and must notify to complainer by appreciate means
If Minister of Ministry of Industry and Trade has not issued the decision to settle complaint within the stipulated duration, or the complaining organizations and/or individuals disagree with Minister of Ministry of Industry and Trade ’s complaint-settling decisions, such organizations and/or individuals may initiate lawsuits at courts according to the provisions of Vietnamese law.
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