Guidelines for handling trade defense measures against Vietnamese export goods

Goods imported and exported through Hai Phong port. Illustration photo: An Dang/VNA

This Decree details a number of articles of the Law on Foreign Trade Management on determining damage to domestic manufacturing industries; preventing evasion of trade defense measures; grounds for conducting, order, procedures, time limit, content, grounds for terminating trade defense case investigations (investigations); applying and reviewing trade defense measures; determining subsidies and countervailing measures; responsibility for coordination of relevant agencies during the investigation process; handling trade defense measures applied to Vietnam's export goods.

Regarding the handling of trade defense measures applied to Vietnamese export goods, the Decree stipulates: Activities to assist Vietnamese traders who are investigated by importing countries or territories and subject to trade defense measures as prescribed in Article 76 of the Law on Foreign Trade Management shall be carried out on the basis of written requests from Vietnamese traders and relevant industry and trade associations.

The lawsuit against importing countries and territories is carried out by the Ministry of Industry and Trade based on collected information and after coordinating and exchanging with ministries, ministerial-level agencies, and other competent state management agencies, reporting and receiving approval from the Prime Minister for the lawsuit plan.

The Ministry of Finance shall ensure the budget for activities to support traders as prescribed in Article 76 of the Law on Foreign Trade Management. Activities to support Vietnamese traders as prescribed must comply with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

The Decree clearly states that the Ministry of Industry and Trade will build and operate an early warning system for the possibility of foreign trade defense lawsuits against Vietnamese export goods to inform businesses and industry and trade associations to prevent, avoid and prepare to respond to lawsuits.

The Ministry of Industry and Trade regulates the organization and operation of an early warning system for foreign trade defense lawsuits against Vietnamese export goods.

The Decree stipulates that based on collected information or upon written request of Vietnamese traders, associations, and organizations representing relevant enterprises, the Ministry of Industry and Trade shall preside over and coordinate with ministries, ministerial-level agencies, and other competent state management agencies to consider and develop a plan to initiate a lawsuit in accordance with Clause 1, Article 76 of the Law on Foreign Trade Management, and prepare a dossier to submit to the Prime Minister.

The Prime Minister considers and decides to approve the lawsuit plan based on the dossier submitted by the Ministry of Industry and Trade.

The Ministry of Industry and Trade shall preside over and initiate lawsuits against importing countries and territories investigating the application of trade defense measures according to the processes and procedures prescribed in relevant international treaties to which the Socialist Republic of Vietnam is a member.

Vietnamese traders, associations, and organizations representing relevant enterprises are responsible for coordinating with the Ministry of Industry and Trade in the process of filing lawsuits against importing countries and territories investigating and applying trade defense measures.

According to baotintuc.vn

Source: https://baolaocai.vn/huong-dan-xu-ly-bien-phap-phong-ve-thuong-mai-doi-voi-hang-hoa-xut-khau-cua-viet-nam-post400259.html