Vietnam
joined the WTO, signed various types of trade agreements, and step by step
eliminated tariff and non-tariff barriers, and accelerated the process of
integration and development of Vietnam. The Foreign Trade Administration Act of
2017, which regulates trade remedies, has also terminated the effect of the
Ordinance on Anti-dumping of Imported Goods in 2004.
According to the Law
on Foreign Trade Management, Decree 10/2018 / ND-CP, anti-dumping measures
against goods imported into Vietnam is a measure applied in cases where the
goods are identified dumping when imported into Vietnam causes substantial injury
or threatens to cause material injury to a domestic industry or prevents the
formation of a domestic manufacturing industry. A commodity is determined to be
dumping when it is compared to the following conditions: the selling price in
Vietnam is lower than the normal price. The usual price determination is
regulated by the Law on Foreign Trade Management in three ways: the price of
the like goods at exporter, the price of the like goods in the third country
under normal commercial conditions or the price determined by the investigating
agency by the method of self-calculation.
For the application
of anti-dumping measures, the “sale price” factor is not sufficient, but must
fully satisfy the conditions prescribed by law. Accordingly, the dumping
measure is applied when the dumping margin is over 2%; the domestic industry
suffered material injury or threatened to cause material injury; there is a
fruitful relationship between the importation of goods selling prices and the
domestic production. With the margin of dumping below 2%, anti-dumping measures
are not applicable.
The application of anti-dumping measures is
considered as a way of healthy competition of enterprises. Domestic enterprises
may request the competent agencies to apply this measure when they find that
they fully satisfy the conditions on quantity and volume of goods related to
their selling prices and the proportion of goods that they sell on the market
devaluation (at least 25%). On the basis of the conclusions of the
investigation, the anti-dumping tax shall be applied for not more than 5 years
or the measures for elimination of dumping at the request of the domestic
enterprises if they are approved by Vietnam Competition Authority, the
investigation bodies.
An anti-dumping duty
shall apply retroactively prior to the decision of the Minister of Industry and
Trade. Anti-dumping duty shall be retroactively applied to imported goods for a
period of 90 days before the imposition of provisional anti-dumping duty if the
imported goods are found to be dumped.
Therefore, anti-dumping measures are a
way to protect the domestic industry and at the same time create a healthy
competition between foreign enterprises and Vietnamese enterprises. At the same
time, respect for international commitments, trade agreements that Vietnam
signed when joining the WTO.
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