Trade – MP Law Firm

Decree No. 10/2018/ND-CP of January 15, 2018, on guidelines for the law on foreign trade management on trade remedies

mplawadmin — Mon, 15 Jan 2018 15:46:42 +0000

THE GOVERNMENT ——-	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————
No. 10/2018/ND-CP	Hanoi, January 15, 2018

DECREE

ON GUIDELINES FOR THE LAW ON FOREIGN TRADE MANAGEMENT ON TRADE REMEDIES

Pursuant to the Law on organization of Government dated June 19, 2015;
Pursuant to the Law on foreign trade management dated June 12, 2017;
At the request of the Minister of Industry and Trade;
The Government promulgates the Decree on guidelines for the law on foreign trade management on trade remedies.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree details some articles of the Law on foreign trade management on bases for the conduction, procedures, time limit, contents and bases for the termination of trade remedy investigation; method for determining the injury to domestic industry; taking action against evasion of trade remedies; imposition and review of trade remedies; responsibility for cooperating of relevant authorities during the investigation; exemption from trade remedies; handling of trade remedies imposed on the Vietnamese exports.
Article 2. Regulated entities

Regulatory bodies competent to investigate, apply and handle trade remedies.
Vietnamese traders, foreign traders, other domestic and foreign agencies, organizations and individuals relevant to the investigation, appliance and handling of trade remedies.

Article 3. Definitions
Except for terms specified in the Law on foreign trade management, in this Decree, these terms are construed as follows:

Evidence refers to factual things which are used by the authority investigating trade remedies as grounds for determining cases of trade remedies.
Requesting party refers to an organization or individual legally representing a domestic industry that submits a request for applying trade remedies and investigating evasion of trade remedies.
Requested party refers to a foreign organization or individual producing or exporting goods who is requested to be applied trade remedies and investigated evasion of trade remedies by the requesting party or is investigated by the investigating authority under decisions of the Minister of Industry and Trade.
Period of investigation refers to a period of time determined by the investigating authority for collection of information, evidences and data to serve the investigation
Investigation phase refers to a period of time for which the investigating authority conducts the investigation from the date the Minister of Industry and Trade decides to investigate until the investigation is completed.
“Consultation” means the activity where relevant parties exchange and provide information about the case with the investigating authority in accordance with law provisions.

Article 4. Determination of domestic industry

The determination of domestic industry shall comply with the regulations specified in Clause 1 Article 69 of the Law on foreign trade management.
Volume and quantity of produced goods which amount to at least 50% of the total quantity and volume of similar goods or directly competitive products that are produced domestically shall be treated as constituting a major proportion of total domestic production of the domestic industry in accordance with Clause 1 Article 69 of the Law on foreign trade management. The investigating authority may consider a lower proportion if there is evidence that such proportion is enough to constitute a major proportion of total domestic production of the domestic industry.
In cases include anti-dumping measure and countervailing measure, producers in a specific geographic market within the Vietnam territory may be treated as a domestic industry is the following conditions are satisfied:
a) The producers in such geographic market sell all or almost all goods they can produce in the market;
b) The needs of such geographic market are not satisfied considerably by producers of similar domestic goods in other geographic market.

In this case, the investigating authority can still determine the damage even when similar domestic producers in other geographic markets do not suffer damage if the investigating authority decides that there are dumping or countervailing activities that are only happened in such geographic market and they cause damage to all or almost all producers in such market.
Article 5. Determination of the relationship between the producers of similar goods and organizations and individuals importing/exporting goods under investigation of trade remedies

The producers of similar goods are considered relevant to organizations and individuals importing/exporting goods under investigation of trade remedies in accordance with Clause 1 Article 69 of the Law on foreign trade management in the following cases:
a) This party directly or indirectly controls the other party;
b) Both parties are directly or indirectly controlled by a third party;
c) Both parties directly or indirectly control a third party.
A party may be deemed to control another party when that party has the rights to govern the financial and operating policies of the other party.

Article 6. Return of duty of trade remedy

The return of trade remedies duty shall comply with the regulations specified in Clause 5 and 6 Article 68 of the Law on foreign trade management.
The duty rates of trade remedies returned in accordance with Clause 1 this Article shall be interest-free.
Procedures for return of duty of a trade remedy shall be carried out similarly to the procedures for refund of overpaid import tax in accordance with law provisions on tax management.

Article 7. Exemption from trade remedies

The Ministry of Industry and Trade shall review and exempt trade remedies through exemption applied to a number of goods on the principle that it does not affect the overall effectiveness of trade remedies.
Organizations and individuals shall submit an application for exemption of trade remedies (hereinafter referred to as exemption dossier) using the form promulgated by the investigating authority to the Ministry of Industry and Trade for reviewing and exempting trade remedies.
Within 07 working days from the receipt of the exemption dossier, the investigating authority shall notify the organization/individual on the adequacy and validity of the exemption dossier. If the exemption dossier is not adequate or valid, the investigating authority shall request the supplementation from the organization/individual.
Within 45 days from the receipt of the satisfactory exemption dossier, the Ministry of Industry and Trade shall review and exempt trade remedies. If the dossier is rejected, the investigating shall send the organization/individual a written notification containing the explanation.
If the organization or individual exempted from trade remedies does not comply with the regulations and conditions for exemption, the Ministry of Industry and Trade may revoke the decision on exemption of trade remedies and notify the customs authority in accordance with law provisions.
The Minister of Industry and Trade shall provide specific guidance on cases exempted from trade remedies.

Article 8. Management of imports subject to investigation of trade remedies

From the date on which the decision on investigation is issued to the end date of the trade remedy investigation, the Ministry of Industry and Trade may apply the import declaration regulations to goods subject to investigation of trade remedies for investigation. The declaration of import is not limited in quantity, volume or value of imported goods.
The dossier for declaration of import includes:
a) Written declaration of import: 01 copy using the form promulgated by the investigating authority;
b) Commercial voucher: 01 certified true copy;
c) Certificate of quality or equivalent documents promulgated by the producer: 01 certified true copy.
Within 02 working days from the receipt of the dossier for declaration of import, the investigating authority shall notify the organization/individual on the adequacy and validity of the exemption dossier. If the dossier for declaration of import is not adequate or valid, the investigating authority shall request the supplementation from the organization/individual.
Within 03 working days from the receipt of the satisfactory dossier for declaration of import, the investigating authority shall send a written confirmation on the declaration of import to the address mentioned in the application by post.
The customs authority shall cooperate with the Ministry of Industry and Trade in supervising the implementation of the import declaration regulation applied to goods subject to investigation.

Article 9. Rights and obligations of related parties in a trade remedy case

The requesting party and the requested party shall have the following rights:
a) Access information provided by other relevant parties to the investigating authority, except for confidential information as prescribed in Article 11 hereof;
b) Send opinions on draft preliminary conclusion, final conclusion, review conclusion and conclusion of investigation against evasion of trade remedies within 07 days since the date on which the investigating authority send the draft for opinions;
c) Recommend the investigating authority to extend the time limit for providing information, the time limit for responding to the questionnaire;
d) Request for confidentiality of information as prescribed in Article 11 hereof;
dd) Participate in the public hearing and present viewpoints, provide evidences and documents related to the trade remedy case;
e) Authorize other party on his/her behalf to participate in the resolution process of the trade remedy case;
g) Request the investing authority to organize a separate hearing as prescribed in Clause 1 Article 13 hereof;
h) Complaint or file a lawsuit about decisions of the Minister of Industry and Trade according to law provisions on complaints and lawsuits of Vietnam.
The requesting party and the requested party shall have the following obligations:
a) Provide sufficiently, truthfully, accurately and promptly the necessary evidences, information and documents relating to his/her request;
b) Provide sufficiently, truthfully, accurately and promptly the necessary evidences, information and documents as requested by the investigating authority;
c) Execute decisions of the Minister of Industry and Trade.
Relevant parties as prescribed in Article 74 of the Law on foreign trade management are other than the requesting party or the requested party shall have the following rights and obligations:
a) Provide truthful information and necessary documents relating to the trade remedy case according to his/her viewpoints or at the request of the investing authority;
b) Request for confidentiality of information as prescribed in Article 11 hereof;
c) Access information about the trade remedy case of the investing authority, except for confidential information as prescribed in Article 11 hereof;
d) Participate in the public hearing and present viewpoints, provide evidences and documents related to the trade remedy case.
Relevant parties shall not pay fees for participating in handling of trade remedy case regarding imports to Vietnam.

Article 10. Regulations on the non-cooperation of related parties in a trade remedy case

If a relevant party refuses to participate in the case, does not provide necessary evidences or significantly disturbs the completion of the investigation, the preliminary conclusion and final conclusion regarding such relevant party shall be based on available information.
If a relevant party provide false or misleading evidences, such evidences shall not be reviewed and the preliminary conclusion and final conclusion regarding such relevant party shall be based on available information.
Non-cooperating relevant parties specified in Clause 1 and 2 this Article shall not be exempted from trade remedies as prescribed in Article 7 hereof.

Article 11. Confidentiality of information

The investigating authority shall public non-confidential information relevant to the trade remedy case. The publication of information shall be carried out in an electronic method or other methods that are in accordance with the infrastructure of the investing authority.
The investing authority shall keep the information provided by relevant parties confidential, including:
a) National secrets and other secret in accordance with law provisions;
b) The information classified as confidential by the supplier and accepted by the investigating authority.
Information provided by a relevant party must be made into 02 copies which comprise 01 copy containing public information and 01 copy containing confidential information. Regarding the confidential information, the relevant party must attach a detailed explanation of the request for confidentiality of information and a summary of the contents of the confidential information that may be disclosed to other relevant parties.
In case the investigating authority refuses the information supplier’s request for confidentiality of information or where the supplier refuses to provide a summary of the confidential information as specified in Clause 3 this Article, the investing authority shall not use such information.
Before the Minister of Industry and Trade decides to investigate, the investing authority shall restrict disclosure of information about the case.

Article 12. Site investigation

The investigating authority may conduct site investigation to confirm the adequacy, accuracy and truthfulness of the evidences and information provided by the relevant party.
The investing authority may only conduct site investigation if it is consented by the relevant party who are requested to be on-site investigated.
The investing authority must send a notification and contents of the investigation request to the relevant party who are requested to be on-site investigated before the site investigation.
In case the site investigation is conducted oversea, the investing authority shall notify the Government of the country of the enterprise which is investigated on-site.

Article 13. Consultation

During the investigation of the imposition of trade remedies, review of trade remedies and taking action against evasion of trade remedies, the investing authority may consult separately with a relevant party according to the written request of such party provided that such consultation shall not affect the time limit for investigation and review of the case.
Before the end of the investigation, the investing authority shall organize a public consultation with relevant parties. The investing authority shall notify the organization of the public consultation to relevant parties at least 30 days before the consultation.
At least 07 days before the organization of the public consultation, the relevant parties shall register to participate in the consultation to the investing authority, in which they may include a document on the issues that need to be consulted with arguments. Relevant parties are exempted from the consultation participation fee.
Within 07 days from the organization of the public consultation, the relevant parties shall send a written document on the contents presented at the consultation to the investing authority.
Within 15 days from the organization of the public consultation as specified in Clause 2 this Article, the investing authority shall publish the consultation record to relevant parties.

Article 14. Provision of information of regulatory bodies and trade associations of Vietnam

The customs authorities of Vietnam, within their authorities and functions, shall:
a) Provide data and information of goods under consideration imported to Vietnam at the request of the investing authority in a timely and adequate manner;
b) Cooperate with the investing authority in providing anonymous data and information about the quantity and quality of imports and exports related to the investigation, imposition and handling of trade remedies at the request of the enterprise and trade associations. The procedures, costs and cases of refusal to provide information and other contents shall comply with the Law on access to information.
From the effective date of the decision on imposition of trade remedies, the customs authority shall provide information on trade remedy duties, quantity and quality of imports under trade remedies at the request of the investing authority.
Trade associations and the Vietnam Chamber of Commerce and Industry shall, within their functions and authorities, cooperate with the investing authority in providing information and data on imports and exports, production and trade of goods within their competence at the request of the investing authority.

Article 15. Imposition of trade remedies applied to underdeveloped and developing countries/territories

The imposition of trade remedies applied to goods of an underdeveloped/developing country or territory shall comply with Clause 2 and 3 of Article 86 and Clause 2 Article 92 of the Law on foreign trade management.
The list of underdeveloped/developing countries shall be determined by the investing authority based on a reliable database.

Chapter II
INVESTIGATION AND IMPOSITION OF ANTI-DUMPING MEASURE AND COUNTERVAILING MEASURE
Section 1. ANTI-DUMPING AND COUNTERVAILING
Mini section 1. ANTI-DUMPING
Article 16. Method of determining the normal price

In case a similar good is sold in the domestic market of the exporting country in a significant volume, normal price is the comparable price of the similar good sold in the domestic market of the exporting country under common commercial conditions prescribed in Article 17 hereof.
In the absence of similar goods sold on the domestic market of the exporting country or in case the sale in that country does not allow for a fair comparison due to the special conditions of that market or the similar goods are sold on the domestic market of the exporting country with an insignificant volume, the normal price shall be determined in one of the following methods:
a) The export price of similar goods to an appropriate third country if the export price is representative;
b) The price established by the investing authority according to the reasonable price of such good plus other reasonable costs and reasonable profits based on each stage from production to circulation on the market of the exporting country or a third country.
Volume and quantity of similar goods sold on the domestic market of the exporting country specified in Clause 1 of this Article shall be treated as significant if it amounts to at least 5% of the total quantity and volume of goods under consideration exported to Vietnam. The investigating authority may consider a lower proportion if there is evidence that such proportion is large enough to carry out a reasonable comparison.

Article 17. Common commercial conditions
A similar good is considered being sold in the domestic market of the exporting country under common commercial conditions except for the following cases:

Sales transaction of similar goods on the domestic market of the exporting country, or the export transaction to a third country in which their sales price is lower than the production cost in at least 6 months and their quantity and number are lower than 20% of the total quantity and number of goods sold domestically or exported to a third country;
Sales transaction of similar goods on the domestic market of the exporting country, or the export transaction to a third country which are done between parties having relationships as prescribed in Article 5 hereof and the sales prices between those parties do not reflect the market price;
Sales transaction of similar goods on the domestic market of the exporting country or the export transaction to a third country shall be implemented according to agreements on netting.

Article 18. Method of determining the export price

Export price refers to the sales price of the goods under consideration exported to Vietnam according to legal transact8ion vouchers.
In the absence of export price or there are evidences proving that the export price is unreliable, the investigating authority shall determine the export price in one of the following methods:
a) The export price is established based on the price resold to the first independent customer. The first independent customer refers to a customer that has no relationship with the concerned producer and exporter specified in Article 5 this Decree;
b) The export price is established built on other reasonable bases.
The export price shall be treated as unreliable as specified in Clause 2 this Article if the producer, exporter, importer or a third party having relationships as prescribed in Article 5 hereof or having agreements on netting.

Article 19. Adjustment of normal price and export price
When determining the dumping margin, the investigating authority shall consider the following adjustments:

Adjust normal price and export price to the same stage in the goods circulation process;
Adjust normal price and export price to the same calculation time or at the nearest calculation times;
Adjust normal price and export price when there are differences in tax, sale terms, commercial levels, volume, physical characteristics and other factors which the investigating authority deems appropriate;
When exchanging currencies, the investigating authority shall use the exchange rate at the time of goods sold, unless the exchange rate in the import sale transaction under forward contract is the exchange rate specified in such contract. In the event of exchange rate fluctuation, the investigating authority shall adjust the fluctuation to an appropriate exchange rate in the period of investigation;
Other adjustments deemed appropriate by the investigating authority.

Article 20. Method of determining the dumping margin

The dumping margin is determined according to the difference between the normal price and the export price as prescribed in Article 16, 17, 18 and 19 of this Decree.
The dumping margin shall be determined according to one of the following methods:
a) Compare the weighted average of the normal price with the weighted average of the export price;
b) Compare the normal price with the export price on the basis of each transaction;
c) Compare the weighted average of the normal price with the weighted average of the export price on the basis of each transaction if there are significant differences in the export price between buyers, geographical areas and export time.
The investigating authority shall determine a particular dumping margin for each foreign producer and exporter in the anti-dumping investigation, except for cases specified in Clause 4 this Article.
In case the quantity of the requested parties is too large or the category of goods subject to investigation is too large, the investigating authority may limit the scope of investigation by the sampling method specified in Article 36 hereof to determine the dumping margin.
In case the investigating authority limits the scope of investigation in accordance with Clause 4 this Article, the dumping margin shall be applied as follows:
a) The particular dumping margin applied to goods under consideration of each producer and exporter from which the sample is drawn and cooperating with the investigating authority in the investigation phase;
b) The particular dumping margin applied to goods under consideration of each producer and exporter from which the sample is drawn but not cooperating or cooperating inadequately with the investigating authority in the investigation phase;
c) The particular dumping margin applied to goods under consideration of each producer and exporter from which the sample is not drawn but voluntarily participating and cooperating with the investigating authority in the investigation phase;
d) The particular dumping margin applied to goods under consideration of the remaining producers and exporters.

Mini section 2. COUNTERVAILING
Article 21. The particularity of subsidies

A subsidy specified in Article 84 of the Law on foreign trade management shall be treated as particular when such subsidy is applied to a particular organization, individual or production sector, or such subsidy is applied only to the organizations, individuals or production sectors in a particular geographical area of the country under the countervailing measure investigation.
The particularity of subsidies shall be determined as follows:
a) There is a clear restriction for one or a group of organizations/individuals, or for one or a certain group of production sectors to receive subsidies;
b) The objective criteria and conditions for receiving subsidies which are defined in legal documents but not automatically applied in practice;
c) There is a clear restriction for organizations or individuals in a particular geographical area;
d) In case the subsidy is not particular as specified in Point a, b and c this Clause, the investigating authority may still determine its particularity based on reviewing factors including the limited number of subsidized enterprises, the disproportionate allocation of subsidies and the way the authorities provide subsidies.
The subsidies in accordance with Clause 1 and 2 Article 85 of the Law on foreign trade management shall be considered particular subsidies.

Article 22. Method of determining the subsidy value

Method of determining the subsidy value is regulated as follows:
a) In case the subsidy is a nonrefundable allocation, the subsidy value shall be calculated on the basis of the actual value of the allocation granted to the subsidized organizations/individuals;
b) In case the subsidy is granted in the form of a loan provided by the Government or public sectors, the subsidy value shall be calculated on the basis of the difference between the payable interest rate applicable to such loan under market conditions and the interest rate actually paid by the organization/individual;
c) In case the subsidy is granted in the form of loan guarantee provided by the Government or public sectors, the subsidy value shall be calculated on the basis of the difference between the payable interest rate applicable to non-guaranteed loan and the actual interest rate applicable to guaranteed loans;
d) In case the subsidy is granted in the form of share transfer or direct capital transfer by the Government or public sectors, the subsidy value shall be calculated on the basis of the capital amount actually received by the enterprise;
dd) In case the subsidy is granted in the form under which the Government or public sector purchase goods/services at prices higher than the market price for the organization/individual, the subsidy value shall be calculated on the basis of the difference between the market prices and the actual prices paid by the Government or public sectors for such goods/services;
e) In case the subsidy is granted in the form under which the Government or public sector provide goods/services at prices lower than the market price to the organization/individual, the subsidy value shall be calculated on the basis of the difference between the market prices and the sale prices of the Government or public sectors to the organization/individual;
g) In case the subsidy is granted in the form under which the Government or public sectors ignore or not collect the payables of the organization/individual, the subsidy value shall be calculated on the basis of the difference between the amount payable in accordance with law provisions and the amount actually paid by the organization/individual.
The value of subsidy granted in other forms shall be calculated in an equitable, reasonable manner and not contrary to international practices.

Article 2. Determination of damage to the domestic industry
Article 23. Determination of significant damage to the domestic industry

The determination of significant damage to the domestic industry must be carried out according to the following factors:
a) The absolute or relative increase of the volume and quantity of goods dumped and subsidized for import into Vietnam as compared to the volume and the quantity of similar goods domestically produced or consumed;
b) Price depression and price suppression of goods under consideration imported to Vietnam regarding the sale price of similar goods domestically produced;
c) The impact of the dumped or subsidized goods on the status of production and business activities of the domestic industry, including actual decline, potential decline of revenue, sales volume, profit, quantity, market share, capacity, productivity, investment; factors affecting the domestic sale price; the magnitude of the dumping margin, the level of subsidy; actual and potential adverse impacts on cash flow, inventory, labor, wages and capacity of raising fund;
d) Other factors.
The determination of significant damage to the domestic industry must be carried out according to specific evidences.

Article 24. Determination of threat to cause significant damages to the domestic industry

The determination of threat to cause significant damages to the domestic industry must be carried out according to the following factors:
a) The absolute or relative increase of the volume and quantity of goods dumped and subsidized for import into Vietnam as compared to the volume and the quantity of similar goods domestically produced or consumed;
b) The production capacity of the foreign producer or exporter is large enough or may increase significantly in the near future, leading to a significant increase in the volume and quantity of goods under consideration imported into Vietnam;
c) The dumped or subsidized imports to Vietnam significantly reduce prices, or adjust prices to stay at a significant level, or prevent substantial increases in the selling price of similar domestic goods, resulting in the increase in demand for imported goods;
d) Inventory data of goods under consideration;
dd) Other factors.
The review of the factors specified in Clause 1 of this Article shows the actual possibility of increasing the import of dumped and subsidized goods and if no anti-dumping or countervailing measures are applied, significant damages will occur.
The determination of threat to cause significant damages to the domestic industry must be carried out according to specific evidences.

Article 25. Determination of significant obstruction to the establishment of the domestic industry

The determination of establishment of the domestic industry shall be carried out according to the following factors:
a) Characteristics of the domestic industry;
b) Operation period of the domestic industry;
b) Business scale of the domestic industry comparing to the whole market;
d) Reasonable financial break-even point of the domestic industry;
dd) The manufacturing industry being considered a new manufacturing industry or an expansion of the existing manufacturing chain;
e) Other factors deemed appropriate by the investigating authority.
The determination of significant obstruction to the establishment of the domestic industry specified in Clause 1 this Article shall be carried out according to the following factors:
a) Plan of the domestic industry;
b) Production capacity and yield;
c) Quantity and volume of goods sold domestically;
d) Market share, revenue, profit;
dd) Sales prices of similar domestic goods;
e) Exportation of similar goods and import of goods under investigation;
g) Inventory;
h) Labor and wages;
i) Other factors deemed appropriate by the investigating authority.
The determination of significant obstruction to the establishment of the domestic industry must be carried out according to specific evidences.

Article 26. Principles of aggregate review

In case the goods under consideration are imported from two or more producing/exporting countries, the investigating authority may determine the aggregated damage to the goods under consideration.
The aggregate review of effect of goods under consideration must consider the competition conditions between the goods under consideration and the competition conditions between the goods under consideration and similar goods domestically produced.
The aggregate review specified in Clause 1 this Article does not include the countries with dumping margin and level of subsidies specified in Clause 2, 3 Article 78 and Clause 2, 3 Article 86 of the Law on foreign trade management.

Article 27. Determination of the causal relationship between dumped/subsidized imports and the damage to domestic industry
When determining the causal relationship between dumping on imports/import subsidies and the significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry, the investigating authority shall review the following contents:

The dumping on imports/import subsidies cause significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry.
Factors other than the dumping on imports/import subsidies which cause or may cause significant damage or significant obstruction to the establishment of a domestic industry shall not be considered as an effect cause by the dumped or subsidized goods, including:
a) The volume and quantity of similar goods imported into Vietnam which are not dumped or subsidized;
b) The decline in consumer demand or the change in the form of consumption of similar goods domestically produced;
c) Trade restriction policy;
d) The development of technology;
dd) Exportability and productivity of the domestic industry;
e) Other factors deemed appropriate by the investigating authority.

Section 3. INVESTIGATION OF ANTI-DUMPING AND COUNTERVAILING
Article 28. Application for imposition of anti-dumping measure

The application for imposition of anti-dumping measure includes a written request for imposition of anti-dumping measure and related documents.
The written request for imposition of anti-dumping measure includes the following contents:
a) Name, address and other necessary information of the organization/individual representing the domestic industry;
b) Information, data and evidences for determining the representative of the domestic industry, including list of domestic organizations and individuals producing similar goods; volume and quantity of similar goods produced by the above organizations and individuals;
c) Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;
d) Description of the imports subject to investigation of imposition of anti-dumping measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;
dd) Description of similar goods of the domestic industry, including scientific names, trade names, common names; basic physical and chemical characteristics; main purpose; Vietnam and international standards/regulations;
e) Information on the volume, quantity and value of the imports specified in Point d of this Clause within 12 months prior to the submission of dossiers;
g) Information on the volume, quantity and value of similar goods of the domestic industry specified in Point dd of this Clause within 12 months prior to the submission of dossiers; except where the domestic industry operates less than 12 months;
h) Information on the normal price and export price of the described goods in accordance with Point d this Clause; dumping margin of the imports subject to investigation of anti-dumping measures;
i) Information, data and evidences on significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
k) Information, data and evidences on the causal relationship between the import of goods specified in Clause d this Point and the damage to domestic industry significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
l) Information on the exporting country or the origin of goods subject to investigation of anti-dumping measures, including a specific list of foreign producers, exporters and importers;
m) Specific requirements on the imposition of anti-dumping measures, the duration and the extent of imposition.

Article 29. Application for imposition of countervailing measure

The application for imposition of countervailing measure includes a written request for imposition of countervailing measure and related documents.
The written request for imposition of countervailing measures includes the following contents:
a) Name, address and other necessary information of the organization/individual representing the domestic industry;
b) Information, data and evidences for determining the representative of the domestic industry, including list of domestic organizations and individuals producing similar goods; volume and quantity of similar goods produced by the above organizations and individuals;
c) Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;
d) Description of the imports subject to investigation of imposition of countervailing measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;
dd) Description of similar goods of the domestic industry, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; main purpose; Vietnam and international standards/regulations;
e) Information on the volume, quantity and value of the imports specified in Point d of this Clause within 12 months prior to the submission of dossiers;
g) Information on the volume, quantity and value of similar goods of the domestic industry specified in Point dd of this Clause within 12 months prior to the submission of dossiers; except where the domestic industry operates less than 12 months;
h) Information and evidences of foreign subsidies, including the existence of subsidies; the allegedly subsidizing country; name and address of the foreign organization or individual accused of receiving the subsidies; form and policy of subsidy; quantity, volume and value of the subsidy;
i) Information, data and evidences on significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
k) Information, data and evidences on the causal relationship between the import of goods specified in Clause d this Point and the damage to domestic industry significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
l) Specific requirements on the imposition of countervailing measures, the duration and the extent of imposition.

Article 30. Receipt of application for imposition of anti-dumping measure/countervailing measure

Within 15 days from the receipt of the application for imposition of anti-dumping measures/countervailing measures (hereinafter referred to as application), the investigating authority shall notify the organization/individual on the adequacy and validity of the application. If the application is not adequate or valid, the investigating authority shall request supplementation from the organization/individual.
The time limit for supplementation of the application is decided by the investigating authority but not lower than 30 days from the notification of supplementation.

Article 31. Verification of application for imposition of anti-dumping measure/countervailing measure

The verification of the application and issuance of decision on investigation shall comply with Clause 2 Article 70 of the Law on foreign trade management.
Contents of the verification of application include:
a) Determine the legal representative status of a domestic industry of the organization or individual submitting the application as provided for in Clause 2 of Article 79 and Clause 2 of Article 87 of the Law on foreign trade management.
b) Determine evidences of the dumping on goods/good subsidies imported to Vietnam which causes significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry.

Article 32. Decision on the investigation for imposition of anti-dumping measure and countervailing measure
The decision of the Minister of Industry and Trade on anti-dumping and countervailing investigation shall include the following contents:

Specific description of the goods under consideration, codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;
Information on organizations and individuals producing similar goods subject to imposition of anti-dumping measure/countervailing measure;
Summary of the information on the dumping on goods/good subsidies imported to Vietnam which causes significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
Procedures of the anti-dumping and countervailing investigation.

Article 33. Preparation of application for imposition of anti-dumping measure/countervailing measure in the absence of requesting party

If no one requests for investigation but there are clear evidences of the dumping on goods/good subsidies imported to Vietnam which causes or may causes significant damage to domestic industry, the investigating authority shall prepare an application for imposition of anti-dumping measures/countervailing measures and submit it to the Minister of Industry and Trade for reviewing and deciding the investigation.
The application prepared by the investigating authority must ensure the contents specified in Article 28 and 29 hereof (Except for Point a, b and c Clause 2).
Relevant organizations and individuals must cooperate and provide necessary information at the request of the Ministry of Industry and Trade.

Article 34. Period of investigation

The period of anti-dumping and countervailing investigation is 12 months. In special cases, the investigating body may determine another investigation period but not less than 06 months.
The investigation period for determining damage is at least 03 years and it must cover the whole period of anti-dumping and countervailing investigation. In case the related party has less than 3 years of operation, the data collected will be the entire operation duration of such related party up to the time the decision is made.

Article 35. Investigation questionnaire

Within 15 days after the issuance of the investigation decision of the Minister of Industry and Trade, the investigating authority shall send the investigation questionnaire to the following subjects:
a) Producers of similar domestic goods;
b) Foreign producers and exporters exporting goods subject to anti-dumping and countervailing investigation into Vietnam which the investigating authority knows;
c) The representative in Vietnam of the government of the country producing and exporting goods subject to anti-dumping and countervailing investigations;
d) Importers of goods subject to anti-dumping and countervailing investigations;
dd) Other related parties.
Within 30 days after receiving the investigation questionnaires, the concerned parties must provide written replies to all questions in the questionnaire. In case of necessity or there are written requests for extension with reasonable reasons from the concerned parties, the investigating authority may extend the time limit but not more than 30 days.
The investigation questionnaires shall be considered having reached the recipients after 07 days from the date on which they were sent by the investigating authority. The sending date shall be determined according to the postmark.

Article 36. Sampling

In case the quantity of foreign producers and exporters, domestic importers and producers is too large or the category of goods subject to anti-dumping measures/countervailing measures is too large, the investigating authority may limit the scope of investigation.
The limitation of the scope of investigation must comply with the following regulations:
a) The scope of investigation shall be limited by the method of selecting appropriate statistical samples on the basis of the volume and quantity of goods subject to anti-dumping or countervailing measures produced or exported into Vietnam by the requested party or the information obtained by the investigating authority at the time of sampling;
b) When selecting sample, the investigating authority may consult with the requested party, the importers involved in the sampling and receive consent of the requested party on the sampling.

Section 4. IMPOSITION OF ANTI-DUMPING MEASURE AND COUNTERVAILING MEASURE
Article 37. Imposition of temporary anti-dumping tax and countervailing tax

The imposition of temporary anti-dumping tax, countervailing tax, tax rate, the tax imposition time limit and the extension of the tax imposition time limit shall comply with the regulations specified in Clause 1 Article 81 and Clause 1 Article 89 of the Law on foreign trade management.
The decision on imposition of temporary anti-dumping tax and countervailing tax includes the following contents:
a) Description of the imports subject to imposition of anti-dumping tax and countervailing tax, including names, basic characteristics and main purpose, codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to current export tariff and import tariff;
b) Names, addresses and other necessary information of producers and exporters of goods subject to imposition of temporary anti-dumping and countervailing tax;
c) Name of the country producing and exporting goods subject to imposition of anti-dumping tax and countervailing tax;
d) Temporary anti-dumping tax and countervailing tax rates;
dd) Effective date and duration of the imposition of temporary anti-dumping tax and countervailing tax;
e) Procedures and dossiers for examination and imposition of temporary anti-dumping tax and countervailing tax.
The temporary anti-dumping tax and countervailing tax shall be imposed after 60 days since the issuance of the decision on investigation of the Minister of Industry and Trade.
In case the temporary anti-dumping tax, countervailing tax are imposed at a lower rate compared to the dumping margin/level of subsidies in the preliminary conclusion or in case the exporting organizations and individuals of goods under consideration imported into Vietnam request for extension of the imposition of temporary anti-dumping tax, countervailing tax and the volume and quantity of goods under consideration of the requesting exporters account for a considerable proportion of the total volume and quantity of goods under consideration imported into Vietnam, The Minister of Industry and Trade may extend the period of imposition of temporary anti-dumping tax and countervailing tax, but the extension shall not exceed 60 days.

Article 38. Imposition of commitment measures in the anti-dumping and countervailing investigation

After the Minister of Industry and Trade issues the decision on imposition of temporary anti-dumping tax and countervailing tax and within 30 days before the end of the investigation phase, the producers and exporters of goods under consideration or the Government of the requested party in case of countervailing investigation (hereinafter referred as ‘requesting party’) may send written commitments to eliminate dumping and subsidies) (hereinafter referred to as ‘commitment’) to the investigating authority.
The commitment includes the following contents:
a) Scope of goods;
b) Reference prices include self-determined prices, price increases and price adjustment options;
c) Periodic notification obligation;
d) Obligation to cooperate with the investigating authority in the implementation of the commitments;
dd) Other contents deemed appropriate by the investigating authority.
Within 30 days after the receipt of the commitments, the investigating authority shall review and report to the Minister of Industry and Trade for decision.
The commitment shall be considered on the following basis:
a) Whether the imposition of the commitments can overcome the significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry;
b) Whether the existing management mechanism can effectively monitor the implementation of commitments;
c) Ability to evade anti-dumping, countervailing measures through commitments;
d) Other factors deemed appropriate by the investigating authority.
The investigating authority shall only review the commitments of the requesting parties who have sufficiently cooperated during the investigation period. During the review of the commitments, the investigating authority may request for adjustment of the commitments. If the requesting party agrees to adjust the commitment, the requesting party must send the adjusted commitment to the investigating authority.
The investigating authority shall public the commitments to involved parties. The involved parties may submit written opinions within the time limit specified in the notice. If the commitment contains confidential information, the requesting party shall implement security as prescribed in Articled 11 hereof.

Article 39. Decision on the commitment to eliminate dumping and subsidies

Based on reports of the investigating authority, the Minister of Industry and Trade shall issue a decision on accepting or rejecting the commitment of the requesting party. If the commitment is rejected, reasons must be included.
The decisions specified in Clause 1 this Article must be published to involved parties by appropriate methods.
After the issuance of the decisions specified in Clause 1 this Article, the investigating authority shall continue the investigation and issue the final conclusion as follows:
a) In case the final conclusion of the investigating authority determines that there is no dumping or subsidy or no significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry, the Minister of Industry and Trade shall issue a decision on termination of the case and the implementation of the commitment;
b) In case the final conclusion of the investigating authority determines that there is dumping or subsidy or no significant damage, threat to cause significant damage to domestic industry or significant obstruction to the establishment of a domestic industry, the commitment shall continue to be implemented according to the provisions of the commitment.

Article 40. Monitoring the implementation of commitments

When the commitment is approved, the requesting party shall be monitored by the investigating authority in the implementation of the commitment.
The investigating authority shall monitor the implementation of commitments as follows:
a) Request the requesting party to periodically provide information and documents related to the implementation of the commitment and prove the accuracy of such information and documents;
b) Periodically compare the information provided by the requesting party on quantity, volume and prices of goods subject to the commitment imported to Vietnam with the information provided by the customs authority;
c) Conduct site investigation to the requesting party if necessary;
d) Check the information with the importers of the requesting party;
dd) Other forms deemed appropriate by the investigating authority.

Article 41. Violation of the implementation of commitments
The implementation of commitment shall be considered to have committed violation in the following cases:

The requesting party imports goods under consideration into Vietnam at a price lower than committed;
The requesting party does not periodically provide information on the implementation of commitment as specified in the commitment;
The requesting party does not cooperate with the investigating authority in the verification and site investigation of the information provided periodically by the requesting party;
The information and data on the implementation of commitment provided by the requesting party are not accurate;
The requesting party evades the applied anti-dumping and countervailing measures;
The requesting party arbitrarily canceled the commitment but did not inform the investigating authority as prescribed in Clause 3 Article 42 hereof;
Other cases determined by the investigating authority.

Article 42. Cancellation of the implementation of commitments
The commitment is cancelled in the following cases:

The requesting party committed violations as prescribed in Article 41 hereof;
The investigating authority requests for cancellation of commitment implementation;
The requesting party requests for cancellation of commitment. The request may request the cancellation of the commitment at any time during the effective period of the commitment provided that the cancellation must be notified to the investigating authority at least 30 days before the cancellation.

Article 43. Imposition of anti-dumping and countervailing measures after the cancellation of commitment implementation

If the cancellation of commitment implementation complies with the regulations specified in Clause 1 Article 42 of this Decree, the Minister of Industry and Trade may apply the official anti-dumping and countervailing measures based on information available and retroactively applied to the goods of the requesting party committing violations.
If the cancellation of commitment implementation complies with the regulations specified in Clause 2 and 3 Article 42 of this Decree, the imposition of anti-dumping and countervailing measures shall be implemented as follows:
a) If the cancellation of commitment implementation is carried out during the effective period of the imposition of temporary anti-dumping and countervailing measures, the Minister of Industry and Trade shall cancel the commitment implementation and notify the customs authority to impose the temporary anti-dumping and countervailing measures based on preliminary conclusions.
b) If the cancellation of commitment implementation is carried out during the effective period of the imposition of official anti-dumping and countervailing measures, the Minister of Industry and Trade shall cancel the commitment implementation and notify the customs authority to impose the official anti-dumping and countervailing measures based on final conclusions.

Article 44. Imposition of official anti-dumping measure and countervailing measure

Within 15 days from the day on which the investigating authority send the final conclusion to the Minister of Industry and Trade, the Minister of Industry and Trade shall issue a decision on the case.
The decision on imposition of official anti-dumping measures and countervailing measures includes the following contents:
a) Description of the imports subject to imposition of countervailing measures and anti-dumping measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;
b) Names, addresses and other necessary information of producers and exporters of goods subject to imposition of official anti-dumping and countervailing measures;
c) Name of the country producing and exporting goods subject to imposition of official anti-dumping measures and countervailing measures;
d) The investigation conclusions suggesting the need to impose the official anti-dumping measure and countervailing measure;
dd) Specific official anti-dumping measures and countervailing measures;
e) Effective date and duration of imposition of official anti-dumping measures and countervailing measures;
g) Tax difference to be refunded (if any);
h) Procedures and dossiers for examination and imposition of official anti-dumping measures and countervailing measures.

Article 45. Imposition of retroactive anti-dumping tax and countervailing tax

The imposition of retroactive anti-dumping tax, countervailing tax shall comply with the regulations specified in Clause 4 Article 81 and Clause 4 Article 89 of the Law on foreign trade management.
The imposition of retroactive anti-dumping tax, countervailing tax shall be reviewed at the request of the requesting party on the sudden increase in the volume and quantity of goods under consideration imported into Vietnam during the period from the date of issuance of the investigation decision to the imposition of temporary anti-dumping tax and countervailing tax which may cause damages that are hard to recover from to the domestic industry
If the official anti-dumping, countervailing tax rates are higher than the temporary anti-dumping, countervailing tax rates, the retroactive tax rates shall be equal to the temporary anti-dumping, countervailing tax rates
If the official anti-dumping, countervailing tax rates are lower than the temporary anti-dumping, countervailing tax rates, the retroactive tax rates shall be equal to the official anti-dumping, countervailing tax rates

Chapter III
INVESTIGATION AND IMPOSITION OF SAFEGUARD MEASURES
Section 1. SAFEGUARD INVESTIGATIONS
Article 46. Bases for conducting investigations

The Minister of Industry and Trade shall conduct investigation after receiving the dossiers requesting the imposition of safeguard measures from the organizations and/or individuals representing the domestic industry on the condition that the total volume and quantity of similar goods or directly competitive goods produced by domestic producers submitting such dossiers or domestic producers supporting the request for imposition of safeguard measures accounting for at least 25% of the total quantity and volume of similar goods or directly competitive goods produced domestically.
The Minister of Industry and Trade shall issue a decision on investigation if the investigating authority prepares evidences proving the necessity to impose safeguard measures.

Article 47. Application for imposition of safeguard measures

The application for imposition of safeguard measures (hereinafter referred to as application) includes a written request for imposition of safeguard measures and related documents.
The written request for imposition of safeguard measures includes the following contents:
a) Name, address and other necessary information of the organization/individual representing the domestic industry;
b) Information, data and evidences for determining the representative of the domestic industry, including list of domestic organizations and individuals producing similar goods or directly competitive goods; volume and quantity of similar goods or directly competitive goods produced by the above organizations and individuals;
c) Names and addresses of organizations and individuals producing similar goods supporting or opposing the case;
d) Description of the imports subject to investigation of imposition of safeguard measures, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;
dd) Description of similar goods or directly competitive goods of the domestic industry, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; main purpose; Vietnam and international standards/regulations;
e) Information on the volume, quantity and value of the imports specified in Point d of this Clause within 03 years prior to the submission of dossiers;
g) Information on the volume, quantity and value of similar goods or directly competitive goods of the domestic industry specified in Point dd of this Clause within 03 years prior to the submission of dossiers; In case the domestic industry has less than 3 years of operation, the data collected will be the entire operation duration of such domestic industry up to the time of submission of the application;
h) Information, data and evidences on serious damage or threat to cause serious damage to the domestic industry;
i) Information, data and evidences on the causal relationship between the imports of goods specified in Clause d this Point and the serious damage to the domestic industry or threat to cause serious damage to the domestic industry;
k) Specific requirements on the imposition of safeguard measures, the duration and the extent of imposition.

Article 48. Preparation of application for imposition of safeguard measures in the absence of requesting party

If no one requests for investigation but there are clear evidences of excessive import of goods into Vietnam which causes or may causes serious damage to the domestic industry, the investigating authority shall prepare an application for imposition of safeguard measures and submit it to the Minister of Industry and Trade for reviewing and deciding the investigation.
The application prepared by the investigating authority must ensure the contents specified in Article 47 hereof (Except for Point a, b and c Clause 2).
Relevant organizations and individuals must cooperate and provide necessary information at the request of the Ministry of Industry and Trade.

Article 49. Verification of application

Within 15 days after the receipt of the application, the investigating authority shall review the adequacy and validity of such application.
If the application is not adequate or valid, the investigating authority shall request the supplementation from the organization/individual. Organizations and individuals shall supplement the missing contents at the request of the investigating authority within 30 days since the issuance of such request.
Within 45 days from the receipt of the satisfactory application, the Ministry of Industry and Trade shall review and send it to the Minister of Industry and Trade for decision of investigation. In case of necessity, the issuance of the investigation decision may be extended but not more than 30 days.
Contents of the verification of application include:
a) Determine the legal representative status of a domestic industry of the organization or individual submitting the application as provided for in Clause 1 of Article 46 hereof;
b) Determine evidences of the excessive import of goods into Vietnam which causes or may cause serious damage to the domestic industry.

Article 50. Decision on the investigation for imposition of safeguard measures
The decision of the Minister of Industry and Trade on safeguard investigation shall include the following contents:

Specific description of the goods under consideration, codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;
Names of the enterprises and representatives of domestic organizations and individuals producing similar goods or directly competitive goods subject to imposition of safeguard measure;
Summary of the information on the increase in import of goods under consideration;
Serious damage or threat to cause serious damage to the domestic industry due to the increase in import

Article 51. Determination of serious damages and threat to cause serious damages to the domestic industry

When determining the serious damages and threat to cause serious damages to the domestic industry, the investigating authority shall consider the following factors:
a) The absolute or relative increase of the volume and quantity of imported goods as compared to the volume and the quantity of similar goods or directly competitive goods domestically produced;
b) The rate of increase in volume and quantity of the imports specified in Point a of this Clause due to the impact of unforeseen developments;
c) Effects on price of imports under consideration regarding the prices of similar goods or directly competitive goods domestically produced;
d) Effects of the increase in import of goods under consideration on the domestic industry through the following factors: Market share, revenue, output, design capacity, utilized capacity, profit, labor, inventory and other factors deems appropriate by the investigating authority.
The determination of serious damages and threat to cause significant damages to the domestic industry must be carried out according to specific evidences.
The investigation period for determining serious damage or threat to cause serious damage to the domestic industry is 03 years. In case the domestic industry has less than 3 years of operation, the data collected will be the entire operation duration of such domestic industry up to the time of issuance of the investigation decision by the Minister of Industry and Trade.

Section 2. IMPOSITION OF SAFEGUARD MEASURES
Article 52. Imposition of temporary safeguard measures

Based on the preliminary conclusion, the Minister of Industry and Trade shall impose the temporary safeguard measures upon the following factors:
a) There is an excessive increase in the import of goods under consideration;
b) The domestic industry is suffered from serious damage or threatened with serious damage;
c) The excessive increase in the import of goods specified in Point a of this Clause causes or may cause serious damage to the domestic industry;
d) The delay in imposition of safeguard measures causes or may cause serious damage to the domestic industry that are hard to recover from later.
Temporary safeguard measures shall be applied only in the form of additional import tariff.
The decision on imposition of temporary safeguard measures shall be published with the following contents:
a) Specific description of the goods subject to safeguard measures, codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the current export tariffs and import tariffs;
b) List of countries exempting from imposition of temporary safeguard measures;
c) Temporary safeguard tax rate;
d) Duration of imposition of temporary safeguard measures;
dd) Information and evidences proving the increase in import of goods under consideration causes or may cause serious damage to the domestic industry.
e) Information and evidences proving the delay in imposition of safeguard measures causes or may cause serious damage to the domestic industry that are hard to recover from later.
g) Procedures and dossiers for examination and imposition of temporary safeguard measures.
The Minister of Industry and Trade may suspend the imposition of safeguard measures ahead of time if necessary.

Article 53. Imposition of official safeguard measures

Within 15 days from the day on which the investigating authority send the final conclusion, the Minister of Industry and Trade shall issue an official decision on the case.
The decision on imposition of official safeguard measures includes the following contents:
a) Description of the imports subject to imposition of official safeguard measures, including names, basic characteristics and main purpose, codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to current export tariff and import tariff;
b) Official safeguard measures;
c) Effective date and duration of imposition of official safeguard measures;
d) The refund of safeguard tax difference (if any);
dd) Procedures and dossiers for examination and imposition of official safeguard measures.
e) The investigation conclusions suggesting the need to impose the official safeguard measures.

Article 54. Regulations on imposition of import quotas, tariff-rate quotas
If the Minister of Industry and Trade impose official safeguard measures through import quotas and tariff-rate quotas, the following contents shall be applied:

Quantity and volume of import quotas and tariff-rate quotas are not lower than the quantity and volume of the average imports of the last 03 years with import data, unless the investigating authority has reasonable arguments that it is necessary to have a lower volume or quantity of import quotas to prevent or overcome serious damage or threat to cause serious damage
The Ministry of Industry and Trade shall allocate quotas among exporting countries based on the total volume and quantity of goods exported by the exporting countries into Vietnam in the last three years with import and taking into account of the special factors affecting the trading.
The Ministry of Industry and Trade shall consult with the countries with volume and quantity of goods mainly imported into Vietnam and being allocated quotas
If the import quotas exceed 01 year, the Ministry of Industry and Trade shall loosen the import quotas and tariff-rate quotas for the imposition of the subsequent years
The customs authority shall cooperate with the Minister of Industry and Trade in monitoring and managing the imposition of import quotas and tariff-rate quotas.

Chapter IV.
REVIEW OF THE IMPOSITION OF TRADE REMEDIES
Section 1. GENERAL PROVISIONS
Article 55. Dossiers for review of the imposition of trade remedies
The dossiers for review of the imposition of trade remedies (hereinafter referred to as dossiers for review) shall include:

Application for review of the imposition of trade remedies according to the form promulgated by the investigating authority;
Other documents and information deems necessary by the requesting party.

Article 56. Verification of dossiers for review

Within 15 days from the receipt of the dossier for review, the investigating authority shall notify the organization/individual on the adequacy and validity of the dossier for review. If the dossier for review is not adequate or valid, the investigating authority shall request supplementation from the organization/individual.
Within 30 days after the receipt of the satisfactory dossier for review, the investigating authority shall review the dossier and send it to the Minister of Industry and Trade for considering the review of the imposition of trade remedies.

Article 57. Questionnaire for review

Within 15 days since the issuance of the decision on review, the investigating authority shall send the questionnaire for review to the following subjects:
a) The review requesting party;
b) The reviewed party;
c) Other involved parties deemed necessary by the investigating authority.
Within 30 days after receiving the questionnaires for review, the concerned parties must provide written replies to all questions in the questionnaire. This time limit may be extended once by the investigating authority but not more than 30 days based on the written request for extension of the concerned party.
The questionnaires shall be considered having reached the recipients after 07 working days from the date on which they were sent by the investigating authority. The sending date shall be determined according to the postmark.

Section 2. REVIEW OF THE ANTI-DUMPING MEASURES AND COUNTERVAILING MEASURES
Mini section 1. REVIEW OF THE ANTI-DUMPING MEASURES AND COUNTERVAILING MEASURES AT THE REQUEST OF CONCERNED PARTIES
Article 58. Submission of the dossiers for review at the request of concerned parties

Within 60 days before the end of one year from the date of issuance of the decision on the imposition of official anti-dumping measures and countervailing measures or the latest decision on the results of the review of anti-dumping measures, countervailing measures, the concerned parties as prescribed in Article 59 hereof may submit the dossiers for review, except for cases where the submission deadline is less than 09 months before the time limit for the Minister of Industry and Trade to decide whether to carry out the final review of anti-dumping or countervailing measures.
The contents of the dossier for review shall comply with the form promulgated by the investigating authority

Article 59. The review requesting party
The following organizations and individuals may submit dossiers for review of the imposition of anti-dumping and countervailing measures in accordance with Article 58 hereof:

Domestic producers as provided for in Clause 2 of Article 79 and Clause 2 of Article 87 of the Law on foreign trade management.
Foreign producers and exporters which may submit dossiers for review of the imposition of official anti-dumping measures and countervailing measures of such foreign producers and exporters;
Importers of goods subject to anti-dumping and countervailing measures;
Governments of foreign producers and exporters which may submit dossiers for review of the imposition of official anti-dumping measures and countervailing measures of such foreign producers and exporters;

Article 60. Contents of the review at the request of concerned parties
The investigating authority shall conduct the review of one or more of the following contents, based on the contents requested by the concerned parties:

The dumping margin, the level of subsidy of one, some or all of the foreign producers and exporters
Commitments to eliminate dumping and subsidies of one, some or all of the foreign producers and exporters who commit;
Damages of the domestic industry and the causal relationship between the dumping on goods/ good subsidies of relevant foreign producers and exporters and the damage to domestic industry
Scope of imposition of anti-dumping measure and countervailing measure.

Article 61. Decision on the review result at the request of concerned parties

Within 15 days since the date on which the investigating authority submit the review conclusion, the Minister of Industry and Trade shall issue the decision on the review result of the imposition of trade remedies.
Based on the review conclusion of the investigating authority, the Minister of Industry and Trade shall promulgate one of the following decisions:
a) Adjustment or non-adjustment to the imposition of anti-dumping and countervailing measures based on the review results under Article 60 hereof:
b) Termination of the imposition of anti-dumping or countervailing measures in cases where the conclusions on the review determine that the anti-dumping or countervailing measures are no longer necessary to remedy the damage of the domestic industry or the domestic industry will no longer suffer damage if anti-dumping or countervailing measures are terminated.
The adjustment to the imposition of anti-dumping and countervailing measures specified in Point a Clause 2 this Article shall not affect the time limit for the effective imposition of anti-dumping or countervailing measures.

Mini section 2. FINAL REVIEW OF IMPOSITION OF ANTI-DUMPING MEASURES AND COUNTERVAILING MEASURES
Article 62. Submission of the dossiers for final review

At least 12 months before the decision on imposition of anti-dumping measures and countervailing measures expires, the investigating authority shall announce the receipt of dossiers for final review of imposition of anti-dumping measures and countervailing measures
Within 30 days since the notice of the investigating authority, the domestic producer representing the domestic industry according to Clause 2 Article 79 and Clause 2 Article 87 of the Law on foreign trade management may submit the dossiers for final review of imposition of anti-dumping measures and countervailing measures

Article 63. Contents of the final review of imposition of anti-dumping measures and countervailing measures

The investigating authority shall carry out final review to assess the possibility of continuation or recurrence of dumping or subsidizing acts causing damage to domestic industries in case of termination of anti-dumping measures/countervailing measures.
The final review of imposition of anti-dumping measures and countervailing measures shall include the following contents:
a) The possibility of imported goods being dumped, subsidized if anti-dumping or anti-subsidy measures are terminated;
b) The possibility that a domestic industry suffers or may suffer from serious damage if anti-dumping or anti-subsidy measures are terminated
c) The causal relationship between the possibility of dumping on imports/import subsidies and the damage that likely occurs to a domestic industry.

Article 64. Decision on the result of the final review of imposition of anti-dumping measures and countervailing measures
Based on the review conclusion of the investigating authority, the Minister of Industry and Trade shall promulgate one of the following decisions:

Extension of the imposition of anti-dumping or countervailing measures if the final review determines that elimination of anti-dumping or anti-subsidy measures may result in the continuation or recurrence of dumping on goods or good subsidies which cause damage to the domestic industry.
Termination of the imposition of anti-dumping or countervailing measures in cases the requesting domestic producers withdraw their requests for review or the final conclusion of the investigating authority determines that there is no possibility of continuation or recurrence of dumping on goods or good subsidies that causes damage to the domestic industry.

Mini section 3. REVIEW OF NEW EXPORTERS
Article 65. Determination of new exporters

“New exporter” refers to the producers or exporters of the exporting country have been subject to anti-dumping, countervailing measures and did not export goods subject to investigation into Vietnam during the initial investigation period.
New exporters may submit dossiers for review of the imposition of anti-dumping and countervailing measures when the following conditions are satisfied:
a) The new exporter has no relationship with the organizations and individuals subject to anti-dumping and countervailing measures in accordance with Article 5 hereof:
b) The exporter has actually exported the goods to Vietnam after the investigation period determined by the investigating authority in the initial investigation;
c) The volume and quantity of exports to Vietnam at the time of submission of the request for review must be large enough so that the investigating authority can determine the reasonable export price.
New exporters may submit dossiers for review after the decision on imposition of anti-dumping and countervailing measures takes effect.

Article 66. Contents of the review of new exporters
The review of new exporters shall include the following contents:

The separate dumping margin and level of subsidy of the new exporter;
Conditions for imposition of anti-dumping measures and countervailing measures applied to the new exporter.

Article 67. Decision on the result of the review of new exporters
Based on the conclusion on review of new exporters of the investigating authority, the Minister of Industry and Trade shall promulgate one of the following decisions:

Imposition of separate anti-dumping measures and countervailing measures to new exporters;
Continuation of the imposition of the effective anti-dumping or countervailing measures in case the new exporter withdraws the request for review or does not cooperate in the review process.

Section 3. REVIEW OF SAFEGUARD MEASURES
Article 68. Midterm review of the imposition of safeguard measures

If the duration of imposition of safeguard measures (including duration of imposition of temporary safeguard measures) is more than 03 years, the Minister of Industry and Trade shall carry out the midterm review of the imposition of safeguard measures.
Based on the midterm review conclusion of the investigating authority, the Minister of Industry and Trade shall promulgate one of the following decisions:
a) Continue the imposition of safeguard measures;
b) Mitigate the imposition of safeguard measures;
c) Terminate the imposition of safeguard measures.

Article 69. Final review of the imposition of safeguard measures

At least 09 months before the decision on imposition of safeguard measures expires, the investigating authority shall announce the receipt of dossiers for final review of imposition of safeguard measures. Within 30 days since the announcement of the investigating authority, organizations and individuals may submit the dossier for final review of imposition of safeguard measures.
The final review of imposition of safeguard measures shall include the following contents:
a) Determine the level of increase of imports into Vietnam since the safeguard measure was applied;
b) Assess the situation of production and business activities of the domestic industry since the safeguard measure was applied;
c) Adjustments of the domestic industry since the safeguard measure was applied;
d) The possibility of serious damage or threat to cause serious damage to the domestic industry if the safeguard measures are terminated.
The decision on result of the final review of imposition of safeguard measures shall include the following contents:
a) Renew or not renew the imposition of safeguard measures;
b) Adjust the level of imposition of safeguard measures;
c) Adjust the scope of imposition of safeguard measures;

Section 4. REVIEW OF THE SCOPE OF GOODS
Article 70. Submission of dossiers by relevant parties

The following organizations and individuals may submit dossiers for review:
a) Domestic producers;
b) Foreign producers and exporters;
c) Importers;
d) Organizations and individuals using the imports.
The Minister of Industry and Trade shall consider the review of the scope of goods subject to trade remedies based on the dossiers for review.

Article 71. Contents of review of scope of goods subject to trade remedies
The review of scope of goods subject to trade remedies shall include the following contents:

Comparison of imports and similar goods or directly competitive goods produced domestically;
Alternative capacity of imported goods;
Capacity to produce similar goods or directly competitive goods of the domestic industry.

Article 72. Decisions on the result of review of scope of goods subject to trade remedies
Based on the review conclusion of the investigating authority, the Minister of Industry and Trade shall promulgate one of the following decisions:

Do not adjust scope of goods subject to trade remedies
Narrow the scope of goods subject to trade remedies
Exempt from trade remedies applied to specific importers

Chapter V
PREVENTION OF EVASION OF TRADE REMEDIES
Section 1. ACTIONS AIMING TO EVADE TRADE REMEDIES
Article 73. Expansion of the scope of imposition of trade remedies
The scope of imposition of trade remedies may be expanded for goods evading from trade remedies as follows:

Raw materials, components or materials from countries subject to trade remedies imported into Vietnam for the production of goods subject to trade remedies;
Goods similar to those being subjected to trade remedies from in a third country and such goods use raw materials, components or materials from countries subject to trade remedies;
Imports from countries subject to trade remedies which are not significantly different from those currently subject to trade remedies;
Goods subject to trade remedies transferred through a third country;
Goods subject to trade remedies which may change their business form and distribution channel to enjoy benefit from lower levels of trade remedies.

Article 74. Actions aiming to evade trade remedies through manufacturing in Vietnam
Goods specified in Clause 1 Article 73 hereof shall be considered aiming to evade trade remedies through manufacturing in Vietnam if satisfied the following conditions:

Goods similar to those subject to trade remedies which are manufactured from raw materials, components or materials from countries subject to trade remedies and are sold at a price lower than the normal price of the goods subject to trade remedies;
Raw materials, components or materials from countries subject to trade remedies imported into Vietnam for the primary purpose of producing goods subject to trade remedies;
Production and assembly activities have significantly increased in Vietnam either before or since the issuance of the decision on investigation of the Minister of Industry and Trade.
Raw materials, components or materials from countries subject to trade remedies amount for at least 60% of the total value of raw materials, materials or components used for the manufacture or assembly of goods subject to trade remedies in Vietnam.

Article 75. Value added
In cases where the value added of goods manufactured or assembled under Article 74 of this Decree exceeds 25% of the total cost of goods subject to trade remedies, the importation of raw materials, components or materials are not considered evading trade remedies. In case of necessity, the investigating authority may consider the added value ratio in the total other production costs in accordance with the characteristics of such production branch.
Article 76. Actions aiming to evade trade remedies through manufacturing in a third country
Goods specified in Clause 2 Article 73 hereof shall be considered aiming to evade trade remedies through manufacturing in Vietnam if satisfied the following conditions:

The export price of the goods exported from a third country into Vietnam is lower than the normal price of the goods subject to trade remedies initially;
The volume and quantity of similar goods imported into Vietnam account for a large proportion of total sales of the producers and exporters
The volume and quantity of similar goods imported into Vietnam have begun and significantly increased in Vietnam either before or since the issuance of the decision on investigation of the Minister of Industry and Trade;
Raw materials, components or materials from countries subject to trade remedies amount for at least 60% of the total value of raw materials, materials or components of goods subject to trade remedies in Vietnam exported into Vietnam.

Article 77. Actions aiming to evade trade remedies through insignificant changes in goods subject to trade remedies
Goods specified in Clause 3 Article 73 hereof shall be considered aiming to evade trade remedies through manufacturing in Vietnam if satisfied the following conditions:

The volume and quantity of imported goods specified in Clause 3 Article 73 hereof significantly increase compared to the volume and quantity of goods subject to trade remedies imported to Vietnam of the producers and exporters.
The volume and quantity of imported goods specified in Clause 3 Article 73 hereof have significantly increased in Vietnam either before or since the issuance of the decision on investigation of the Minister of Industry and Trade.

Article 78. Determination of insignificant changes
The insignificant change provided for in Clause 3, Article 73 of this Decree is determined when there is virtually no difference between imported goods and goods subject to trade remedies in terms of characteristics, purpose, distribution channel and cost
Section 2. INVESTIGATION AND PREVENTION OF EVASION OF TRADE REMEDIES
Article 79. Dossiers for application of the prevention of evasion of trade remedies

The dossier for application of prevention of evasion of trade remedies includes a written request for application of prevention of evasion of trade remedies and related documents.
The written request for application of prevention of evasion of trade remedies includes the following contents:
a) Name, address and other necessary information of the requesting party;
b) Description of the imports subject to application of prevention of trade remedy evasion, including scientific names, trade names, common names; ingredient; basic physical and chemical characteristics; production process; main purpose; Vietnam and international standards/regulations; codes of goods in accordance with the List of Imports and Exports of Vietnam and the effective import tax rates applied according to the export tariffs and import tariffs in each period;
c) Description of the volume and quantity of imported goods specified in Article 73 hereof;
d) Description of the volume and quantity of goods produced domestically;
dd) Information on export prices of goods specified in Point b of this Clause at the time of import into Vietnam within 12 months before the requesting party submits the dossier or before the investigating authority prepare the dossier under the decision of the Minister of Industry and Trade;
e) Information, data and evidences of actions aiming to evade trade remedies claimed by the requesting party;
g) Name, address and other necessary information of all requested party;
h) Specific requirements on the application of prevention of evasion of trade remedies, the duration and the extent of imposition.

Article 80. Preparation of the dossier for application of the prevention of evasion of trade remedies in the absence of requesting party
If no one requests for application but there are clear evidences of the evasion of trade remedies, the investigating authority shall prepare a dossier for application of the prevention of evasion of trade remedies and submit it to the Minister of Industry and Trade for considering the investigation.
Article 81. Procedures and contents of the investigation

Within 15 days after the receipt of the application, the investigating authority shall review the adequacy and validity of such application.
If the application is not adequate or valid, the investigating authority shall request the supplementation from the organization/individual and such organizations and individuals shall supplement the missing contents at the request of the investigating authority within 30 days since the issuance of such request.
Within 45 days after the receipt of the satisfactory dossier, the Minister of Industry and Trade shall consider the investigation based on the results of examination of dossiers of the investigating authority.
The investigation for prevention of evasion of trade remedies includes the following contents:
a) Determination of actions aiming to evade trade remedies;
b) The change of trade flows from the originating or exporting countries after the effective date of the decision on application of trade remedies and this change is the cause of such evasion.
c) Damage to the domestic industry or the reduced effectiveness of the effective trade remedies.

Article 82. Investigation time limit

The time limit for investigation of evasion of trade remedies shall not exceed 06 months since the issuance of the investigation decision.
In special cases, the Minister of Industry and Trade may extend the investigation but it shall not exceed 06 months.

Article 83. Application of the prevention of evasion of trade remedies

Within 15 days since the date on which the investigating authority submit the final conclusion, the Minister of Industry and Trade shall decide whether to apply or not apply the prevention of evasion of trade remedies.
If the Minister of Industry and Trade decide to apply the prevention of evasion of trade remedies, the effective trade remedies will be extended to each producer or exporter of goods described in Article 73 of this Decree and confirmed the existence of acts aiming to evade trade remedies .
The time limit for the application of the prevention of evasion of trade remedies ends when the time limit for the application of the initial trade remedy ceases to be valid.

Chapter VI
DEALING WITH THE TRADE REMEDIES IMPOSED ON THE VIETNAMESE EXPORTS
Article 84. Principles

Assistance for Vietnamese traders subject to trade remedy investigation as specified in Article 76 of the Law on foreign trade management shall be carried out on the basis of the written requests of relevant traders and trade associations.
The initiation of a lawsuit against importing countries specified in Article 90 of this Decree shall be carried out by the Ministry of Industry and Trade on the basis of collected information and after the coordination and exchange with the ministries, ministerial agencies and other competent agencies, shall be reported to the Prime Minister and be approved the plan of lawsuit.
The Ministry of Finance shall ensure the particular budget for trader assistance in accordance with Article 76 of the Law on foreign trade management.
Assisting activities to ensure the legitimate rights and interests of Vietnamese traders shall comply with the provisions of Vietnamese law and international agreements to which the Socialist Republic of Vietnam is a party.

Article 85. Provision of information related to the case
The information provided to traders as specified in Point a Clause 1 Article 76 of the Law on foreign trade management shall be the information published by relevant authorities of the importing country or permitted to be published in accordance with provisions of international agreements to which the Socialist Republic of Vietnam is a party.
Article 86. Early warning system of foreign trade remedy lawsuit

The Ministry of Industry and Trade shall develop and operate an early warning system on the possibility of foreign trade remedy proceedings to inform enterprises and trade associations to prevent and prepare for the cases
The Ministry of Industry and Trade shall promulgate the organization and operation of the early warning system.

Article 87. Exchange with importing countries that are conducting trade remedy investigation into Vietnamese exports
The exchange with the importing country investigating the imposition of trade remedies as stipulated in Point b, Clause 1, Article 76 of the Law on Foreign Trade Management shall be carried out in appropriate forms presided over by the Ministry of Industry and Trade and shall comply with the provisions of Vietnamese law and international agreements to which the Socialist Republic of Vietnam is a party.
Article 88. Assistance in cases in which Vietnamese traders are subject to countervailing measure investigation
If Vietnamese traders are subject to countervailing measure investigation as specified in Clause 2 Article 76 of the Law on Foreign Trade Management, the Ministry of Industry and Trade shall establish a plan to cooperate with relevant authorities of the importing country as follows:

Conduct consultation with the foreign investigating authority on accused subsidy programs of Vietnam;
Provide information and documents related to the accused subsidy programs of Vietnam at the request of the foreign investigating authority in accordance with regulations of effective laws;
Cooperate with the foreign investigating authority in site investigat6ion of the accused subsidy programs of Vietnam;
Other appropriate activities.

Article 89. Preparation of the plan for requesting compensation and retaliation in cases where Vietnamese traders are subject to trade remedy investigation

The Ministry of Industry and Trade shall take charge and coordinate with concerned ministries, ministerial agencies and organizations and individuals in preparing the plan for requesting compensation under international agreements to which the Socialist Republic of Vietnam is a party and submit it to the Prime Minister for approval.
The Ministry of Industry and Trade shall take charge and consult with concerned authorities of the importing country on the approved plan for requesting compensation approved in Clause 1 of this Article and issue the decision on specific implementation of the plan
If the Government of Vietnam and the Government of the importing country cannot reach an agreement on compensation, the Ministry of Industry and Trade shall take charge, coordinate with concerned ministries, ministerial agencies, organizations and individuals in preparing a retaliation plan under international agreements to which the Socialist Republic of Vietnam is a party and report it to the Prime Minister for approval and promulgation of the decision on implementation of the approved retaliation plan.
Procedures for carrying out the request for compensation and retaliation shall comply with the provisions of Vietnamese law and international agreements to which the Socialist Republic of Vietnam is a party.

Article 90. Suing the import country for the violations of relevant international treaties to which the Socialist Republic of Vietnam is a signatory

The Ministry of Industry and Trade shall take charge and coordinate with other ministries, ministerial agencies and competent regulatory bodies in considering and initiating the lawsuit in accordance with Point c, Clause 1, Article 76 of the Law on Foreign Trade Management on the basis of collected information or at the written proposal of the concerned traders or trade associations, report it to the Prime Minister and carry out the approved lawsuit plan.
In cases where the concerned trader or trade associations submit their written requests for initiation of lawsuits, the written requests must contain the following contents:
a) Description of trade remedies investigated and imposed by the foreign country;
b) Damage caused by the trade remedy investigation specified in Point a of this Clause;
c) Description of violations of relevant international treaties to which the Socialist Republic of Vietnam is a signatory;
d) Proposals of the traders, trade associations;
dd) Other relevant information and documents deemed necessary by the traders or trade associations.
The procedures for suing the importing country that is conducting trade remedy investigation shall comply with international treaties to which the Socialist Republic of Vietnam is a signatory
Information and documents in the process of reviewing and evaluating before initiating lawsuits, in the process of lawsuit or information requested by concerned parties for confidentiality shall be regarded as confidential information according to effective law provisions.
Relevant traders and trade associations which have sent written requests as specified in Clause 2 of this Article shall fully coordinate with the Ministry of Industry and Trade in the process of suing the importing country that is conducting trade remedy investigation.

Article 91. Participation in related parties in trade remedy cases and third parties in disputes at the World Trade Organization regarding trade remedies

The Ministry of Industry and Trade shall consider and register the participation in related parties when a foreign country conducts trade remedy investigation into Vietnamese exports.
The Ministry of Industry and Trade shall consider and register the third-party participation in a dispute settlement case at the World Trade Organization if the case is in connection with rights and interests of Vietnam in trade remedy field. The Ministry of Industry and Trade may consult with concerned ministries and branches for consideration and registration of participation if necessary.
The Ministry of Industry and Trade may consider providing information and documents during the participation in a third party as specified in Clause 2 of this Article on the basis of written requests of organizations or individuals, provided that such documents and information may be published in accordance with international treaties to which the Socialist Republic of Vietnam is a party.

Article 92. Use of legal consultancy services

The Ministry of Industry and Trade shall consider using legal consultancy services during the implementation of the provisions of Article 76 of the Law on Foreign Trade Management. Ministries and ministerial agencies shall coordinate with the Ministry of Industry and Trade in selecting legal consultancy services at the written requests of the Ministry of Industry and Trade.
The Ministry of Industry and Trade shall stipulate the criteria for selecting appropriate legal consultancy services.
The Ministry of Finance shall ensure the particular budget for use of legal consultancy services in assistance for traders in accordance with Article 76 of the Law on foreign trade management.

Article 93. Coordination mechanism between regulatory bodies, trade associations and traders

Coordination mechanism between regulatory bodies, trade associations and traders is based on the following principles:
a) The Ministry of Industry and Trade shall take charge and coordinate with ministries, ministerial agencies, provincial People’s Committees, other competent regulatory bodies and concerned organizations and individuals in the assistance for traders in accordance with Article 76 of the Law on Foreign Trade Management;
b) Ministries, ministerial agencies, provincial People’s Committees, other competent regulatory bodies and relevant organizations, individuals shall be responsible for the information, documents and evaluation opinions provided to the Ministry of Industry and Trade during the handling of trade remedies applied to Vietnamese exports.
The coordination contents shall be conducted as follows:
a) Ministries, ministerial agencies, provincial People’s Committees and other competent regulatory bodies shall, within their powers and functions, supply information, documents and evaluation opinions at the request of the Ministry of Industry and Trade, explain their contents when the foreign investigating authority conducts site investigation under the regulations of the Ministry of Industry and Trade;
b) Trade associations shall coordinate with the Ministry of Industry and Trade in monitoring information on export markets in order to assess the risks for foreign trade remedy investigation into Vietnamese exports, report information related to the foreign trade remedy investigation, impose trade remedies to members, consider participating in parties involved in the case and carry out other activities at the request of the Ministry of Industry and Trade;
c) The Vietnam Chamber of Commerce and Industry shall, within its functions and powers, coordinate with the Ministry of Industry and Trade in guiding and assisting traders subject to foreign trade remedy investigation, carry out other assisting activities at the request of the Ministry of Industry and Trade;
d) Vietnamese representative missions in foreign countries shall collect and monitor the information and notices of the concerned authorities of the importing country on trade remedies and promptly report them to the Ministry of Industry and Trade, assist in the selection of legal consultancy services at the request of the Ministry of Industry and Trade;
dd) The Ministry of Finance shall coordinate with the Ministry of Industry and Trade in assisting traders in accordance with the provisions of this chapter, requesting the customs authorities to promptly provide import and export data at the request of the agencies related to the Ministry of Industry and Trade;
e) The Ministry of Foreign Affairs shall coordinate with the Ministry of Industry and Trade in assisting traders in accordance with the provisions of this chapter and direct the Vietnamese representative missions in foreign countries to take the initiative in working with concerned authorities of the importing country to study, monitor and sum up the information on the case, promptly report them to the Ministry of Industry and Trade and coordinate with the Ministry of Industry and Trade in preparing settlement plans;
g) The judiciary shall coordinate with the Ministry of Industry and Trade in assisting traders in accordance with the provisions of this chapter and coordinate in studying and evaluating legal provisions of the World Trade Organization and other countries on trade remedies;
h) Traders who have submitted written requests for assistance shall coordinate with the Ministry of Industry and Trade in handling the cases and be responsible for the information and documents supplied to the Ministry of Industry and Trade.

Chapter VII
IMPLEMENTATION CLAUSE
Article 94. Effect

This Decree takes effect from January 15, 2018.
The following Decrees shall expire from the day on which this Decree comes into force:
a) Decree No. 150/2003/ND-CP dated December 8, 2003 of the Government detailing the implementation of the ordinance on safeguards in the import of foreign goods into Vietnam;
b) Decree no. 89/2005/ND-CP dated July 11, 2005 of the Government detailing the implementation of a number of articles of the ordinance on countervailing for imports into Vietnam;
c) Decree no. 90/2005/ND-CP dated July 11, 2005 of the Government detailing the implementation of a number of articles of the ordinance on anti-dumping for imports into Vietnam;
d) Decree No. 04/2006/ND-CP dated January 09, 2006 of the Government on establishment, functions, duties, powers, organizational structure of council for handling cases of anti-dumping, countervailing and safeguard.

Article 95. Implementation responsibilities

The Minister of Industry and Trade shall be responsible for organizing the implementation of this Decree.
The Ministry of Finance shall guide the procedures for collection and remittance into state budget of receivables from trade remedies applied to goods imported into Vietnam, procedures for refund of trade remedy tax.
Ministers, heads of ministerial agencies, heads of Governmental agencies Presidents of People’s Committees of provinces shall be responsible for implementing this Decree.

Section 96. Transition clause
From the day on which this Decree comes into force, cases of safeguards whose documents on complaint and investigation are received by the competent authority before this Decree comes into force shall continue to be considered and dealt with according to regulations of the Decree No. 150/2003/ND-CP dated December 8, 2003 detailing the implementation of the ordinance on safeguards in the import of foreign goods into Vietnam, Decree no. 89/2005/ND-CP dated July 11, 2005 detailing the implementation of a number of articles of the ordinance on countervailing for imports into Vietnam and Decree no. 90/2005/ND-CP dated July 11, 2005 detailing the implementation of a number of articles of the ordinance on anti-dumping for imports into Vietnam./.

PP THE GOVERNMENT
PRIME MINISTERNguyen Xuan Phuc

——————————————————————————————————
This translation is made by LawSoft and for reference purposes only. Its copyright is owned by LawSoft and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

The post Decree No. 10/2018/ND-CP of January 15, 2018, on guidelines for the law on foreign trade management on trade remedies appeared first on MP Law Firm.

Decree No. 22/2017/ND-CP of February 24, 2017, on commercial mediation

mplawadmin — Fri, 24 Feb 2017 15:48:09 +0000

THE GOVERNMENT ——–	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————
No. 22/2017/ND-CP	Hanoi, February 24, 2017

DECREE

ON COMMERCIAL MEDIATION[1]

Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 14, 2005 Commercial Law;
At the proposal of the Minister of Justice;
The Government promulgates the Decree on commercial mediation.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application

This Decree prescribes the scope, principles, order and procedures for dispute resolution by commercial mediation, commercial mediators, commercial mediation institutions, Vietnam-based foreign commercial mediation institutions, and state management of commercial mediation activities.

Disputing parties’ self-mediation or request for mediation by other agencies, organizations or individuals other than commercial mediators, commercial mediation institutions or Vietnam-based foreign commercial mediation institutions defined in this Decree may be carried out under the agreements of the parties in accordance with law, and are not regulated by this Decree.

This Decree applies to commercial mediators, commercial mediation institutions, Vietnam-based foreign commercial mediation institutions, the state management agency in charge of commercial mediation, and other organizations and individuals involved in commercial mediation activities.

Article 2. Disputes to be resolved through commercial mediation

Disputes arising from commercial activities.
Disputes between parties at least one of them is engaged in commercial activities.
Other disputes which are prescribed by law to be resolved through commercial mediation.

Article 3. Interpretation of terms

Commercial mediation means a method of resolving commercial disputes agreed upon by involved parties with the assistance of a commercial mediator acting as an intermediary in accordance with this Decree.
Mediation agreement means an agreement between involved parties on the resolution through mediation of disputes which are likely to arise or have arisen.
Commercial mediator may be an ad hoc commercial mediator or a commercial mediator of a commercial mediation institution who is selected by involved parties or appointed by a commercial mediation institution at the request of involved parties to assist them in dispute resolution in accordance with this Decree.
Successful mediation result means an agreement reached by disputing parties on the resolution of part or the whole of an arising dispute.
Institutional commercial mediation means a form of dispute resolution at a commercial mediation institution in accordance with this Decree and the Mediation Rule of such institution.
Ad hoc commercial mediation means a form of dispute resolution conducted by an ad hoc commercial mediator selected by involved parties in accordance with this Decree and the agreement of the parties.

Article 4. Principles of dispute resolution through commercial mediation

Disputing parties shall participate in mediation on an entirely voluntary basis and are equal in terms of rights and obligations.
Information relating to a mediation case shall be kept confidential, unless otherwise agreed upon in writing by involved parties or otherwise prescribed by law.
Mediation agreement contents must neither violate prohibitory provisions of law nor contravene social morality, nor aim at shirking obligations nor infringe upon rights of a third party.

Article 5. State policies on commercial mediation

Disputing parties are encouraged to use commercial mediation to resolve their disputes in commercial activities and other disputes which are prescribed by law to be resolved through commercial mediation.
It is encouraged to mobilize all resources for commercial mediation activities and training to build capacity for commercial mediators and commercial mediation institutions.

Article 6. Conditions for dispute resolution through commercial mediation
A dispute shall be resolved through commercial mediation if involved parties so agree. The parties may reach agreement on dispute resolution through mediation before or after a dispute arises or at any time in the process of dispute resolution.
Chapter II
COMMERCIAL MEDIATORS
Article 7. Criteria for a commercial mediator

A person who fully satisfies the following criteria may act as a commercial mediator:

a/ Having full civil act capacity as prescribed by the Civil Code; having good moral qualities and prestige, and working in an independent, impartial and objective manner;
b/ Possessing a university or higher degree and having at least 2 years’ working experience in the discipline he/she has studied;
c/ Having mediation skills and knowledge about law, business and commercial practices and relevant issues.

A commercial mediator may conduct commercial mediation in the capacity as an ad hoc commercial mediator or a commercial mediator of a commercial mediation institution in accordance with this Decree.
A commercial mediation institution may set criteria for its commercial mediators which are higher than those prescribed in Clause 1 of this Article.
The accused or defendants or those who are serving criminal sentences or have not had their criminal records expunged or are serving the administrative measure of consignment to a compulsory education institution or compulsory detoxification establishment may not act as commercial mediators.

Article 8. Registration of ad hoc commercial mediators

A person who fully satisfies the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree and wishes to become an ad hoc commercial mediator shall register with the provincial-level Department of Justice of the locality where he/she permanently resides. A foreigner shall register with the provincial-level Department of Justice of the locality where he/she temporarily resides.
A requester for registration to be an ad hoc commercial mediator shall send 1 set of dossier to the provincial-level Department of Justice, comprising:

a/ A written request for registration to be an ad hoc commercial mediator, made according to a form issued by the Ministry of Justice;
b/ A certified copy, or a copy enclosed with the original for comparison, of his/her university or higher degree;
c/ Papers proving his/her working experience of at least 2 years in the discipline he/she has studied, certified by his/her employer.
Papers issued by foreign agencies or organizations or notarized or certified in foreign countries must be consularly legalized in accordance with Vietnamese law, unless they are exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party.

Within 7 working days after receiving a complete and valid dossier, the provincial-level Department of Justice shall add the name of the registration requester in the list of ad hoc commercial mediators and post the list on its e-portal; in case of refusal, it shall notify the reason in writing. The person whose request is rejected may lodge a complaint or initiate a lawsuit in accordance with law.
A person who no longer acts as an ad hoc commercial mediator shall send a written notice thereof to the provincial-level Department of Justice of the locality where he/she has registered to act as an ad hoc commercial mediator, which shall remove his/her name from the list of ad hoc commercial mediators.
An organization or individual that detects an ad hoc commercial mediator who no longer satisfies the criteria specified in Clause 1, Article 7 of this Decree or violates Article 10 of this Decree shall notify such to the provincial-level Department of Justice of the locality where he/she has registered, which shall consider and remove his/her name from the list of ad hoc commercial mediators.

Article 9. Rights and obligations of commercial mediators

A commercial mediator has the following rights:

a/ To accept or refuse to carry out commercial mediation activities;
b/ To refuse to provide information relating to a dispute, unless the information provision is agreed upon in writing by involved parties or required by law;
c/ To enjoy remuneration for commercial mediation activities as agreed upon with disputing parties;
d/ Other rights as prescribed in this Decree and relevant laws.

A commercial mediator has the following obligations:

a/ To comply with law and the codes of ethics and conduct applicable to commercial mediators; to work in an independent, impartial, objective and honest manner;
b/ To respect the agreement reached by involved parties if such agreement neither violates law nor contravenes social morality;
c/ To keep confidential information about the disputes of which he/she mediates the resolution, unless otherwise agreed upon in writing by involved parties or prescribed by law;
d/ To notify involved parties of his/her competence and mediation remuneration and costs before conducting mediation;
dd/ To refrain from acting as a representative of or an advisor for any of involved parties or concurrently acting as an arbitrator for the same dispute of which he/she is mediating or has mediated the resolution, unless otherwise agreed upon by the parties;
e/ Other obligations as prescribed in this Decree and relevant laws.
Article 10. Prohibited acts of commercial mediators

Disclosing information about disputes or clients they know in the mediation process, unless otherwise agreed upon by disputing parties in writing or prescribed by law.
Violating the code of ethics applicable to commercial mediators.
Receiving or demanding any sum of money or benefit from involved parties in addition to remuneration and costs already agreed upon.
Other prohibited acts as prescribed by law.

Chapter III
ORDER AND PROCEDURES FOR COMMERCIAL MEDIATION
Article 11. Mediation agreement

Mediation agreement may be established in the form of a mediation clause in a contract or of a separate agreement.
Mediation agreement shall be established in writing.

Article 12. Selection and appointment of commercial mediators

Involved parties shall reach agreement on selecting a commercial mediator from the list of commercial mediators of a commercial mediation institution or from the list of ad hoc commercial mediators publicized by the provincial-level Department of Justice.
The appointment of a commercial mediator via a commercial mediation institution must comply with the Mediation Rule of this institution.

Article 13. Rights and obligation of disputing parties in the mediation process

Disputing parties have the following rights:

a/ To select the mediation order and procedures, commercial mediators, and venue and time for mediation;
b/ To accept or refuse mediation; to request suspension or termination of mediation;
c/ To request mediation to be conducted publicly or behind closed doors;
d/ To express their wills and decisions on mediation contents;
dd/ Other rights as prescribed in this Decree and relevant laws.

Disputing parties have the following obligations:

a/ To truthfully present circumstances of their dispute, and provide information and documents relating to the dispute at the request of the commercial mediator;
b/ To comply with the successful mediation result;
c/ To pay remuneration and costs for commercial mediation, unless otherwise agreed upon;
d/ Other obligations as prescribed in this Decree and relevant laws.
Article 14. Mediation order and procedures

Involved parties may select to apply the Mediation Rule of a commercial mediation institution for conducting mediation or reach agreement on the mediation order and procedures. If the parties do not reach such agreement, the commercial mediator may conduct mediation according to the order and procedures he/she finds suitable to the circumstances of the dispute and the aspirations of the parties, which are accepted by the parties.
The resolution of a dispute may be mediated by one or more than one commercial mediator as agreed upon by involved parties.
At any time in the mediation process, a commercial mediator may put forth proposals for dispute resolution.
The venue and time of mediation may be agreed upon by involved parties or selected by the commercial mediator in case the parties reach no agreement thereon.

Article 15. Successful mediation result

When attaining a successful mediation result, involved parties shall make a written record thereof. This record is binding on the parties in accordance with the civil law.
A written record of successful mediation result must contain the following principal contents:

a/ Grounds for conducting mediation;
b/ Basic information of involved parties;
c/ Major circumstances of the dispute;
d/ Agreement reached and solution;
dd/ Other contents as agreed upon by the parties in accordance with law.

A written record of successful mediation result must bear the signatures of the involved parties and the commercial mediator.
If unable to attain a successful mediation result, involved parties may either continue the mediation or request an arbitration or a court to resolve their dispute in accordance with law.

Article 16. Recognition of successful mediation results
A written record of successful mediation result shall be recognized in accordance with the civil procedure law.
Article 17. Termination of mediation proceedings
A mediation proceeding shall terminate in the following cases:

Involved parties have attained a successful mediation result.
The commercial mediator finds it unnecessary to continue the mediation after consulting involved parties.
At the request of one or more than one disputing party.

Chapter IV
COMMERCIAL MEDIATION INSTITUTIONS
Article 18. Commercial mediation institutions
Commercial mediation institutions include:

Commercial mediation centers that are established and operate in accordance with this Decree.
Arbitration centers that are established and operate in accordance with the law on commercial arbitration and carry out commercial mediation activities under Article 23 of this Decree.

Article 19. Commercial mediation centers

Commercial mediation centers shall be established in accordance with this Decree and have the legal person status and own seals and bank accounts.
Commercial mediation centers shall operate not for profit.
Commercial mediation centers may establish branches and representative offices at home and abroad.
The organizational structure of a commercial mediation center shall be stated in the Charter of the center. The chairperson of a commercial mediation center must be a commercial mediator.

Article 20. Names of commercial mediation centers and their branches and representative offices

The name of a commercial mediation center must be in Vietnamese, containing the words “Trung tam hoa giai thuong mai” (commercial mediation center), which must be neither identical to nor confused with the name of another licensed commercial mediation institution; and must not violate historical, cultural and ethical traditions or fine customs and practices of the nation.

A commercial mediation center may use an abbreviated name or a transaction name in foreign language.

The name of a branch of a commercial mediation center must contain the word “Chi nhanh” (branch) and the name of the center.
The name of a representative office of a commercial mediation center must contain the words “Van phong dai dien” (representative office) and the name of the center.

Article 21. Procedures for establishment of commercial mediation centers

A Vietnamese citizen who fully satisfies the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree and wishes to establish a commercial mediation center shall send 1 set of dossier to the Ministry of Justice, comprising:

a/ A written request for establishment of a commercial mediation center, made according to a form issued by the Ministry of Justice;
b/ A list of the center’s founders;
c/ Papers proving the founders’ full satisfaction of the criteria for a commercial mediator specified in Clause 1, Article 7 of this Decree;
d/ The draft Mediation Rule of the center.
The contents of the center’s Mediation Rule must not contravene law.

Within 30 days after receiving a valid dossier, the Ministry of Justice shall grant an establishment license to the commercial mediation center; in case of refusal, it shall notify the reason in writing. The person having his/her request for establishment of a commercial mediation center rejected may lodge a complaint or initiate a lawsuit in accordance with law.

Article 22. Registration of operation of commercial mediation centers

Within 30 days from the effective date of the decision on grant of its establishment license, a commercial mediation center shall send a dossier for operation registration to the provincial-level Department of Justice of the locality where its head office is located. Past this time limit, if the center fails to register its operation, its establishment license shall be invalidated, unless it has a plausible reason.
A dossier for operation registration of a commercial mediation center must comprise:

a/ A written request for operation registration, made according to a form issued by the Ministry of Justice;
b/ A certified copy, or a copy enclosed with the original for comparison, of the center establishment license;
c/ Papers proving the center’s head office.

Within 15 days after receiving a valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the commercial mediation center; in case of refusal, it shall notify the reason in writing. The provincial-level Department of Justice shall send a copy of such operation registration certificate to the Ministry of Justice.
A commercial mediation center may start to operate on the date it is granted an operation registration certificate and use its seal in accordance with law.
Within 30 days after being granted an operation registration certificate, a commercial mediation center shall publish in 3 consecutive issues of a central daily or a newspaper of the locality where it registers its operation the following basic information:

a/ Name and head-office address of the center;
b/ Operation areas of the center;
c/ Serial number, issuer and date of issuance of the operation registration certificate;
d/ Starting time of the center’s operation.
Article 23. Commercial mediation activities of arbitration centers

An arbitration center which has been licensed and registered under the law on commercial arbitration that wishes to carry out commercial mediation activities shall send 1 set of dossier to the Ministry of Justice, comprising:

a/ A written request for addition of commercial mediation activities, made according to a form issued by the Ministry of Justice;
b/ The draft Mediation Rule of the center.
Within 15 days after receiving a valid dossier, the Ministry of Justice shall issue a decision on addition of commercial mediation activities for the arbitration center; in case of refusal, it shall notify the reason in writing. The arbitration center shall register the change of contents of its operation registration certificate with the provincial-level Department of Justice of the locality where it has registered its operation.

Founders who submit a dossier for establishment of an arbitration center and want the arbitration center to concurrently carry out commercial mediation activities shall enclose the dossier with a draft Mediation Rule.
The contents of the Mediation Rule of an arbitration center must not contravene law.
The order and procedures for establishment of an arbitration center, registration of operation of an arbitration center, and change of contents of the establishment license or operation registration certificate of an arbitration center must comply with the law on commercial arbitration.

Article 24. Rights and obligations of commercial mediation institutions

A commercial mediation institution has the following rights:

a/ To carry out commercial mediation activities;
b/ To provide training in mediation skills for commercial mediators;
c/ To collect remuneration and other lawful fees related to commercial mediation activities;
d/ To develop criteria for commercial mediators and a process of selecting commercial mediators, making a list of commercial mediators, and removing names of commercial mediators from the list;
dd/ To appoint commercial mediators at the request of involved parties;
e/ Other rights as prescribed in this Decree and relevant laws.

A commercial mediation institution has the following obligations:

a/ To make and publicize a list of its commercial mediators and send it to the Ministry of Justice and provincial-level Department of Justice of the locality where it has registered its operation within 7 working days from the date it is granted the operation registration certificate, or from the effective date of the decision on addition of commercial mediation activities for the arbitration center, or from the date the list of commercial mediators is changed;
b/ To pay remuneration and other costs to commercial mediators;
c/ To issue its own codes of ethics and conduct applicable to commercial mediators;
d/ To formulate, issue and publicize the Mediation Rule and mediation remuneration rates;
dd/ To report on its organization and operation to the provincial-level Department of Justice of the locality where it has registered its operation on an annual basis and upon request;
e/ To archives files and provide information on mediation results at the request of disputing parties or competent state agencies;
g/ Other obligations as prescribed in this Decree and relevant laws.
Article 25. Branches of commercial mediation centers

Branch is a dependent unit of a commercial mediation center and shall operate in the operation areas stated in the center establishment license.
A commercial mediation center shall take responsibility before law for the operation of its branch, and appoint a commercial mediator to act as the branch’s head.
Within 15 days after deciding to establish a branch, a commercial mediation center shall send 1 set of dossier for registration of the branch’s operation to the provincial-level Department of Justice of the locality where such branch will be located, comprising:

a/ A written request for registration of a branch’s operation, made according to a form issued by the Ministry of Justice;
b/ The branch’s establishment decision issued by the center.
Within 10 days after receiving a valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the branch and send a copy of this certificate to the Ministry of Justice.

In case a commercial mediation center establishes its branch outside a province or centrally run city where it has registered its operation, within 7 working days after its branch is granted an operation registration certificate, the center shall send a written notice of the branch’s establishment to the provincial-level Department of Justice of the locality where it has registered its operation.
The branch of a commercial mediation center may use a seal in accordance with law.

Article 26. Change of names or head-office addresses of commercial mediation centers

If wishing to change its name or head-office address from a province or centrally run city to another, a commercial mediation center shall send 1 set of dossier of request for the change to the Ministry of Justice, comprising:

a/ A written request for the change, made according to a form issued by the Ministry of Justice;
b/ Papers relevant to the change.
Within 15 days after receiving a dossier of request for the change, the Ministry of Justice shall issue a written approval of the change; in case of refusal, it shall notify the reason in writing.

Within 15 days from the effective date of the Ministry of Justice’s written approval of the change of the name of a commercial mediation center, the center shall send a written request for change of its name in its operation registration certificate to the provincial-level Department of Justice of the locality where it has registered its operation. Within 7 working days after receiving the center’s written request, the provincial-level Department of Justice shall issue a decision to change the name of the center in its operation registration certificate.
Within 20 days from the effective date of the Ministry of Justice’s written approval of the change of the head-office address of a commercial mediation center from a province or centrally run city to another, the center shall register operation with the provincial-level Department of Justice of the locality where its new head office is located. The order and procedures for operation registration must comply with Clauses 2 and 3, Article 22 of this Decree.

Within 7 working days after being granted a new operation registration certificate, the commercial mediation center shall send a written notice thereof to the provincial-level Department of Justice of the locality where it has registered its operation before the change of its head-office address. The provincial-level Department of Justice shall issue a decision to revoke the operation registration certificate already granted to the center.

In case a commercial mediation center changes its head-office address within a province or centrally run city, within 7 working days from the date of the change, the center shall send a written notice thereof to the Ministry of Justice and provincial-level Department of Justice of the locality where it has registered its operation.

Article 27. Re-grant of establishment licenses or operation registration certificates of commercial mediation centers or operation registration certificates of branches of commercial mediation centers

In case the establishment license or operation registration certificate of a commercial mediation center or the operation registration certificate of the branch of a commercial mediation center is lost, burnt, torn or rumpled or otherwise destroyed, the center or branch shall send a written request for re-grant to the competent agency that has granted such license or certificate.
Within 10 days after receiving the written request, the Ministry of Justice shall re-grant an establishment license to the commercial mediation center. Within 5 working days after receiving the written request, the provincial-level Department of Justice shall re-grant an operation registration certificate to the commercial mediation center or branch.

Article 28. Representative offices of commercial mediation centers

Representative office is a dependent unit of a commercial mediation center, which is established to seek and promote opportunities of commercial mediation activities. A representative office may use a seal in accordance with law.
A commercial mediation center shall take responsibility before law for the operation of its representative office.
Within 7 working days after establishing its representative office or changing the address or head of its representative office, a commercial mediation center shall send a notice thereof to the provincial-level Department of Justice of the locality where it registers operation.

If establishing its representative office outside a province or centrally run city where it has registered its operation, the commercial mediation center shall send a notice thereof to the provincial-level Department of Justice of the locality where its representative office is established and provincial-level Department of Justice of the locality where it has registered its operation.
Article 29. Overseas branches and representative offices of commercial mediation centers
Within 30 days after obtaining a competent foreign authority’s permission for establishment of an overseas branch or representative office or terminating the operation of an overseas branch or representative office, a commercial mediation center shall send a written notice thereof to the Ministry of Justice and provincial-level Department of Justice of the locality where it has registered its operation.
Article 30. Revocation of establishment licenses or operation registration certificates of commercial mediation centers or operation registration certificates of branches of commercial mediation centers

A commercial mediation center may have its establishment license revoked in the following cases:

a/ It repeats a violation related to commercial mediation for which it has been administratively sanctioned under the law on handling of administrative violations;
b/ It does not carry out any commercial mediation activity within 5 consecutive years after being granted an establishment license;
c/ It fails to register operation with the provincial-level Department of Justice of the locality where its head office is located within 30 days from the effective date of the decision on grant of its establishment license, unless it has a plausible reason.

An organization or individual that detects a commercial mediation center falling into any of the cases subject to revocation of establishment license shall notify such to the provincial-level Department of Justice of the locality where the center registers its operation for the latter to verify. If finding that the center falls into any of the cases subject to revocation of establishment license specified in Clause 1 of this Article, the provincial-level Department of Justice shall send a written request enclosed with relevant papers (if any) to the Ministry of Justice for revocation of the establishment license, stating the reason.
Within 15 days after receiving the written request from the provincial-level Department of Justice, the Ministry of Justice shall consider and revoke the establishment license of the commercial mediation center.

Within 7 working days from the effective date of the Ministry of Justice’s decision on revocation of the establishment license, the provincial-level Department of Justice that has granted the operation registration certificate to the commercial mediation center shall issue a decision to revoke such certificate.

The branch of a commercial mediation center that repeats a violation related to commercial mediation for which it has been administratively sanctioned under the law on handling of administrative violations shall have its operation registration certificate revoked. The provincial-level Department of Justice that has granted the operation registration certificate to the branch shall revoke such certificate.

Article 31. Termination of operation of commercial mediation centers or commercial mediation activities of arbitration centers

A commercial mediation center shall terminate operation in the following cases:

a/ It terminates operation at its own discretion;
b/ Its establishment license is revoked under Clause 1, Article 30 of this Decree.

In case of operation termination under Point a, Clause 1 of this Article, at least 30 days before the date of operation termination, a commercial mediation center shall send a written notice thereof to the Ministry of Justice and provincial-level Department of Justice of the locality where it has registered its operation.

Within 60 days after deciding to terminate operation, the commercial mediation center shall pay off all debts and other asset liabilities, liquidate contracts and fulfill the cases it has accepted, unless otherwise agreed upon.

Within 10 days after completing the activities specified in Clause 2 of this Article, the commercial mediation center shall send a written report thereon to the Ministry of Justice and provincial-level Department of Justice of the locality where it has registered its operation. Within 7 working days after receiving the center’s report, the Ministry of Justice shall issue a decision to revoke the establishment license. Within 5 working days from the effective date of the Ministry of Justice’s decision on revocation of the establishment license, the provincial-level Department of Justice shall issue a decision to revoke the operation registration certificate of the center.
In case of operation termination under Point b, Clause 1 of this Article, within 60 days from the effective date of the Ministry of Justice’s decision on revocation of the establishment license of a commercial mediation center, the center shall pay off all debts and other asset liabilities, liquidate contracts and fulfill all the cases it has accepted, unless otherwise agreed upon.
An arbitration center shall terminate commercial mediation activities in the following cases:

a/ It terminates operation under the law on commercial arbitration;
b/ It terminates commercial mediation activities under its Charter;
c/ It does not carry out any commercial mediation activity within 5 years from the effective date of the Ministry of Justice’s decision on addition of commercial mediation activities;
d/ It repeats a violation related to commercial mediation for which it has been administratively sanctioned under the law on handling of administrative violations.

The termination of operation of an arbitration center under Point a or b, Clause 5 of this Article must comply with the law on commercial arbitration. The payment of the center’s obligations must comply with Clause 2 of this Article.
In case an arbitration center terminates operation under Point c or d, Clause 5 of this Article, the Ministry of Justice shall issue a written document to revoke the decision on addition of commercial mediation activities for the center. Within 10 days from the effective date of such document, the arbitration center shall register the change of contents of its operation registration certificate with the provincial-level Department of Justice of the locality where it has registered its operation. The order and procedures for the change of contents of operation registration certificates must comply with the law on commercial arbitration. The payment of the center’s obligations must comply with Clause 4 of this Article.

Article 32. Termination of operation of branches or representative offices of commercial mediation centers

The branch of a commercial mediation center shall terminate operation in the following cases:

a/ Under the center’s decision;
b/ The center terminates operation under Clause 1, Article 31 of this Decree;
c/ Its operation registration certificate is revoked under Clause 4, Article 30 of this Decree.

Within 30 days from the date of termination of operation of its branch, a commercial mediation center shall send a written notice thereof to the Ministry of Justice, provincial-level Department of Justice of the locality where the center has registered its operation and provincial-level Department of Justice of the locality where the branch has registered its operation.
The representative office of a commercial mediation center shall terminate operation under the center’s decision or when the center terminates operation under Clause 1, Article 31 of this Decree. At least 10 days before the date of termination of operation of its representative office, the commercial mediation center shall notify such to the provincial-level Department of Justice of the locality where it has registered its operation and provincial-level Department of Justice of the locality where its representative office is located.

Chapter V
OPERATION OF VIETNAM-BASED FOREIGN COMMERCIAL MEDIATION INSTITUTIONS
Article 33. Conditions for and forms of operation of Vietnam-based foreign commercial mediation institutions

Foreign commercial mediation institutions that are lawfully established and operate in foreign countries and respect the Constitution and laws of the Socialist Republic of Vietnam may operate in Vietnam in accordance with this Decree.
Foreign commercial mediation institutions may operate in Vietnam in the following forms:

a/ Branches of foreign commercial mediation institutions (below referred to as branches);
b/ Representative offices of foreign commercial mediation institutions (below referred to as representative offices).
Article 34. Branches and representative offices of Vietnam-based foreign commercial mediation institutions

Branch is a dependent unit of a foreign commercial mediation institution, which is established to carry out commercial mediation activities in Vietnam in accordance with this Decree. A foreign commercial mediation institution shall take responsibility before Vietnamese law for the operation of its branch. The foreign commercial mediation institution shall appoint a commercial mediator to be head of its branch. The head of a branch shall act as the authorized representative of a Vietnam-based foreign commercial mediation institution.
Representative office is a dependent unit of a foreign commercial mediation institution, which is established to seek and promote opportunities of mediation activities in Vietnam in accordance with this Decree. The foreign commercial mediation institution shall take responsibility before Vietnamese law for the operation of its representative office.
The name of a branch of a foreign commercial mediation institution must contain the word “Chi nhanh” (branch) and the name of the institution.

The name of the representative office of a foreign commercial mediation institution must contain the words “Van phong dai dien” (representative office) and the name of the institution.
Names of branches or representative offices of foreign commercial mediation institutions must comply with Clause 1, Article 20 of this Decree.
Article 35. Rights and obligations of branches and representative offices of Vietnam-based foreign commercial mediation institutions

Rights and obligations of a branch

a/ To rent a working office to serve its operation;
b/ To recruit Vietnamese and foreign employees in accordance with law;
c/ To open Vietnam dong and foreign currency accounts at banks licensed to operate in Vietnam to serve its operation;
d/ To transfer its incomes abroad in accordance with Vietnamese law;
dd/ To have a seal as prescribed by law;
e/ To operate for proper purposes and within the scope and period stated in its establishment license;
g/ To appoint mediators to conduct mediation as authorized by the foreign commercial mediation institution;
h/ To provide commercial mediation services;
i/ To archive files and provide copies of written records of mediation results at the request of disputing parties or competent state agencies;
k/ To report on the organization of commercial mediation activities to the provincial-level Department of Justice of the locality where it has registered its operation on an annual basis and upon request;
l/ Other rights and obligations as prescribed by law.

Rights and obligations of a representative office

a/ The rights and obligations specified at Points a, b, c, dd, e and l, Clause 1 of this Article;
b/ To seek and promote opportunities of commercial mediation activities in Vietnam;
c/ To refrain from carrying out commercial mediation activities in Vietnam; to carry out only activities to promote and advertise commercial mediation activities in accordance with Vietnamese law;
d/ To report on its organization and activities to the provincial-level Department of Justice of the locality where it is located on an annual basis and upon request.
Article 36. Grant of licenses for establishment of branches or representative offices of Vietnam-based foreign commercial mediation institutions

A foreign commercial mediation institution that wishes to establish a branch or representative office in Vietnam shall send 1 set of dossier to the Ministry of Justice, comprising:

a/ A written request for establishment of a branch or representative office, made according to a form issued by the Ministry of Justice;
b/ A certified copy of the paper proving the lawful establishment of the institution, issued by a competent foreign authority;
c/ A written introduction of the institution’s operation;
d/ The decision appointing a commercial mediator to be the head of the branch or representative office;
dd/ A list of commercial mediators and staff members expected to work at the branch; or a list of staff members expected to work at the representative office.

Foreign-language papers accompanying the written request for establishment of a branch or representative office must have Vietnamese translations which are certified in accordance with Vietnamese law.

Papers issued by foreign agencies or organizations or notarized or certified in foreign countries must be consularly legalized in accordance with Vietnamese law, unless they are exempted from consular legalization under a treaty to which the Socialist Republic of Vietnam is a contracting party.

Within 30 days after receiving a valid dossier, the Ministry of Justice shall grant an establishment license to the branch or representative office of a foreign commercial mediation institution; in case of refusal, it shall notify the reason in writing.

Article 37. Registration of operation of branches or announcement of establishment of representative offices of Vietnam-based foreign commercial mediation institutions

Within 60 days from the effective date of the decision on grant of its establishment license, a branch shall send 1 set of dossier for operation registration to the provincial-level Department of Justice of the locality where it is located. Past this time limit, if the branch fails to register operation, its establishment license shall be invalidated, unless it has a plausible reason.
A dossier for operation registration must comprise:

a/ A written request for operation registration, made according to a form issued by the Ministry of Justice;
b/ A certified copy, or a copy enclosed with the original for comparison, of the branch’s establishment license;
c/ Papers proving the branch’s office.

Within 10 days after receiving a complete and valid dossier, the provincial-level Department of Justice shall grant an operation registration certificate to the branch. The branch may start operation on the date it is granted the operation registration certificate.

Within 7 working days after granting the operation registration certificate to the branch, the provincial-level Department of Justice shall send a copy of this certificate to the Ministry of Justice.

Within 7 working days from the effective date of the decision on grant of its establishment license, a representative office shall send 1 set of dossier notifying its establishment to the provincial-level Department of Justice of the locality where it is located, comprising:

a/ A notice of the establishment of the representative office;
b/ A certified copy, or a copy enclosed with the original for comparison, of the representative office establishment license.
Article 38. Change of names, heads or addresses of branches or representative offices of Vietnam-based foreign commercial mediation institutions

A branch that wishes to change its name or head or change its address from a province or centrally run city to another shall send 1 set of dossier of request for the change to the Ministry of Justice, comprising:

a/ A written request for the change, made according to a form issued by the Ministry of Justice;
b/ Papers relevant to the change.
Within 15 days after receiving a valid dossier, the Ministry of Justice shall issue a written approval of the change; in case of refusal, it shall notify the reason in writing.

Within 15 days from the effective date of the Ministry of Justice’s written approval of the change of its name or head, a branch shall send a written request for the change of its name or head in its operation registration certificate to the provincial-level Department of Justice of the locality where it has registered its operation. Within 7 working days after receiving the branch’s written request, the provincial-level Department of Justice shall issue a decision to change the name or head of the branch in its operation registration certificate.
Within 20 days from the effective date of the Ministry of Justice’s written approval of the change of its address from a province or centrally run city to another, a branch shall register operation with the provincial-level Department of Justice of the locality where it moves to. The order and procedures for operation registration must comply with Clauses 2 and 3, Article 37 of this Decree.

Within 7 working days after being granted a new operation registration certificate, the branch shall send a written notice thereof to the provincial-level Department of Justice of the locality where it has registered its operation before the change of its address. The provincial-level Department of Justice shall issue a decision to revoke the branch’s operation registration certificate.

A representative office that wishes to change its name or head or change its address from a province or centrally run city to another shall, within 7 working days after deciding on the change, send a written notice thereof to the Ministry of Justice and provincial-level Department of Justice of the locality where it is located.

Article 39. Re-grant of establishment licenses or operation registration certificates of branches or licenses for establishment of representative offices of Vietnam-based foreign commercial mediation institutions

In case its establishment license or operation registration certificate is lost, burnt, torn or rumpled or otherwise destroyed, a branch or representative office of a Vietnam-based foreign commercial mediation institution shall send a written request for re-grant to the competent agency that has granted such license or certificate.
Within 10 days after receiving the written request, the Ministry of justice shall re-grant an establishment license to the branch or representative office of a Vietnam-based foreign commercial mediation institution. Within 5 working days after receiving the written request, the provincial-level Department of Justice shall re-grant an operation registration certificate to the branch of a Vietnam-based foreign commercial mediation institution.

Article 40. Revocation of establishment licenses or operation registration certificates of branches or establishment licenses of representative offices of Vietnam-based foreign commercial mediation institutions

The branch of a Vietnam-based foreign commercial mediation institution may have its establishment license revoked in the following cases:

a/ It repeats a violation related to commercial mediation for which it has been administratively sanctioned under the law on handling of administrative violations;
b/ It does not carry out any activity stated in its establishment license within 5 consecutive years from the date it is granted this license;
c/ It fails to register operation within 60 days from the effective date of the decision on grant of its establishment license, unless it has a plausible reason.

The representative office of a Vietnam-based foreign commercial mediation institution shall have its establishment license revoked in case it repeats a violation related to commercial mediation for which it has been administratively sanctioned under the law on handling of administrative violations.
An organization or individual that detects a branch or representative office falling into any of the cases subject to revocation of establishment license shall notify such to the provincial-level Department of Justice of the locality where such branch or representative office is located for the latter to verify.

If having grounds to believe that the branch or representative office falls into the case specified in Clause 1 or 2 of this Article, the provincial-level Department of Justice shall send a written request enclosed with relevant papers (if any) to the Ministry of Justice for revocation of its establishment license, stating the reason.

Within 15 days after receiving the written request from the provincial-level Department of Justice, the Ministry of Justice shall consider and decide to revoke the branch’s or representative office’s establishment license.
Within 15 days from the effective date of the Ministry of Justice’s decision on revocation of the establishment license of the branch of a Vietnam-based foreign commercial mediation institution, the provincial-level Department of Justice of the locality where such branch has registered its operation shall issue a decision to revoke its operation registration certificate.

Article 41. Termination of operation of branches or representative offices of Vietnam-based foreign commercial mediation institutions

A branch or the representative office of a Vietnam-based foreign commercial mediation institution shall terminate operation in the following cases:

a/ Under the institution’s decision;
b/ The institution terminates operation overseas;
c/ It has its establishment license revoked under Clause 1 or 2, Article 40 of this Decree.

In case of operation termination under Point a or b, Clause 1 of this Article, at least 30 days before the date of operation termination, the branch or representative office shall send a written notice thereof to the Ministry of Justice and provincial-level Department of Justice of the locality where it is located.

Within 60 days from the date of operation termination, the branch or representative office shall pay off all debts and asset liabilities; liquidate labor contracts; and fulfill all cases it has accepted, unless otherwise agreed upon.

Within 10 days after completing the activities specified in Clause 2 of this Article, the branch or representative office shall send a written report thereon to the Ministry of Justice and provincial-level Department of Justice of the locality where the branch has registered its operation or the representative office is located. Within 7 working days after receiving such report, the Ministry of Justice shall issue a decision to revoke the establishment license of the branch or representative office; or the provincial-level Department of Justice shall issue a decision to revoke the operation registration certificate of the branch.
In case of operation termination under Point c, Clause 1 of this Article, within 60 days from the effective date of the Ministry of Justice’s decision on revocation of its establishment license, the branch or representative shall pay off all debts and asset liabilities, liquidate labor contracts, and fulfill all cases it has accepted, unless otherwise agreed upon.

Chapter VI
IMPLEMENTATION PROVISIONS
Article 42. State management of commercial mediation

The Ministry of Justice shall assist the Government in performing the unified state management of commercial mediation nationwide, and has the following tasks and powers:

a/ To draft and submit to competent state agencies for promulgation or promulgate according to its competence documents detailing and guiding the law on commercial mediation;
b/ To grant and revoke establishment licenses of commercial mediation centers; to grant and revoke establishment licenses of branches or representative offices of Vietnam-based foreign commercial mediation institutions; to approve the change of contents of establishment licenses of commercial mediation centers; to approve the change of contents of establishment licenses of branches of Vietnam-based foreign commercial mediation institutions; to add commercial mediation activities for arbitration centers;
c/ To publicize the list of commercial mediators and the list of commercial mediation institutions nationwide;
d/ To promulgate, and guide the uniform use of, forms of documents and papers relating to commercial mediation;
dd/ To take measures to support development of commercial mediation activities; to formulate a master plan on development of commercial mediation institutions nationwide; to propagate and disseminate laws and provide professional guidance on commercial mediation;
e/ To examine and inspect, settle complaints and denunciations, and handle violations of the law on commercial mediation;
g/ To perform international cooperation in the field of commercial mediation;
h/ To perform other tasks and exercise other powers as prescribed in this Decree and relevant laws.

Provincial-level People’s Committees shall, within the ambit of their competence, perform the state management of commercial mediation activities in localities.

Provincial-level Departments of Justice shall assist provincial-level People’s Committees in performing the state management of commercial mediation organization and operation in localities, and have the following tasks and powers:
a/ To register operation of commercial mediation centers and register the change of contents of their operation registration certificates; to register the change of contents of operation registration certificates of arbitration centers; to register operation of branches of commercial mediation centers or branches of Vietnam-based foreign commercial mediation institutions and register the change of contents of their operation registration certificates; to revoke operation registration certificates of commercial mediation centers or their branches; to revoke operation registration certificates of branches of Vietnam-based foreign commercial mediation institutions;
b/ To register and make lists of ad hoc commercial mediators, and remove names of ad hoc commercial mediators from such lists;
c/ To update and publicize lists of ad hoc commercial mediators and commercial mediation institutions on their e-portals; to review, compile statistics of, and report on annual data on commercial mediators in localities;
d/ To propagate and disseminate laws and provide professional guidance on commercial mediation;
dd/ To examine and inspect, settle complaints and denunciations, and handle violations related to commercial mediation activities in localities according to their competence;
e/ To report on commercial mediation activities in localities to provincial-level People’s Committees and the Ministry of Justice on an annual basis and upon request;
g/ To perform other tasks and exercise other powers under decisions of provincial-level People’s Committee chairpersons or as authorized by the Minister of Justice in accordance with this Decree and relevant laws.

Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Justice in performing the state management of commercial mediation.

Article 43. Effect
This Decree takes effect on April 15, 2017.
Article 44. Implementation responsibility
Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc

[1] Công Báo Nos 189-190 (16/3/2017)

The post Decree No. 22/2017/ND-CP of February 24, 2017, on commercial mediation appeared first on MP Law Firm.

Circular No. 04/2014/TT-BCT dated January 27, 2014, elaborating the implementation of the Decree No. 187/2013/ND-CP which elaborates the regulations on international trade of Law on commerce

mplawadmin — Mon, 27 Jan 2014 05:47:18 +0000

MINISTRY OF INDUSTRY AND TRADE ——–	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom – Happiness —————
No. 04/2014/TT-BCT	Hanoi, January 27, 2014

CIRCULAR

ELABORATING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO. 187/2013/ND-CP DATED NOVEMBER 20, 2013, WHICH ELABORATES THE REGULATIONS ON INTERNATIONAL TRADE OF LAW ON COMMERCE

Pursuant to the Government’s Decree No. 95/2012/ND-CP dated November 12, 2012 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013, which elaborates the regulations on international trade of Law on Commerce;
Pursuant to the Prime Minister’s Decision No.41/2005/QD-TTg dated March 02, 2005 on promulgation of the Regulation on Licensing goods import;
At the request of the Director of Export and Import Administration;
The Minister of Industry and Trade promulgates a Circular to elaborate the implementation of the Government’s Decree No. 187/2013/ND-CP dated November 20, 2013, which elaborates the regulations on international trade of Law on Commerce.
Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application
1. This Circular elaborates the implementation of some Articles of the Government’s Decree No.187/2013/ND-CP on export, import, processing, and transport of goods.
2. This Circular is applied to Vietnamese traders and other entities that engage in the activities regulated by the Law on Commerce.
Article 2. Entitlement to export and import
1. Traders without foreign investment (hereinafter referred to as traders), including:
a) Any company established under the Law on Enterprises, the Law on Cooperatives, or the Law on Investment;
b) Any business household established and registered under the Government’s Decree No.43/2010/ND-CP dated April 15, 2010 on business registration, which is allowed to export, import, process, or trade in goods under the law and the Government’s Decree No. 187/2013/ND-CPregardless of the business lines in the Certificate of Business registration.
2. Any foreign-invested trader in Vietnam that imports, exports, or process goods under the Government’s Decree No. 108/2006/ND-CP dated September 22, 2006 of the government providing guidance on implementation of the Law on Investment, the Government’s Decree No.23/2007/ND-CP dated February 12, 2007 providing guidance on the regulations of the Law on Commerce on goods trade and relevant activities of foreign-invested companies in Vietnam, the guiding documents of such Decrees, the roadmap announced by the Ministry of Industry and Trade, and relevant laws.
Chapter II

EXPORT AND IMPORT MANAGEMENT

Article 3. Goods banned from export and import
1. The goods banned from export and import are announced by Ministries and ministerial agencies in the List of goods banned from export and import in Appendix I to the Decree No.187/2013/ND-CP and relevant legislative documents.
2. The Ministry of Industry and Trade issues a List of used goods banned from import in Appendix I to this Circular.
3. When importing goods in the List of goods banned from import to serve scientific research or as humanitarian aid according to Clause 3 Article 5 of the Decree 187/2013/ND-CP the following procedure must be followed:
a) If goods are imported to serve scientific research: The scientific research organization, or the trader that needs to import goods to research into product development (hereinafter referred to as applicant) shall send an application by post to the Ministry of Industry and Trade (Export and Import Administration) at 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi. The application consists of:
– 01 copy of the decision on Establishment, certificate of investment, or Certificate of Business registration that bears the certification and seal of the applicant.
– An original of the written request for permission for import, specifying the name, HS code, quantity, and purpose of each article; certification of the accuracy of such information.
– 01 original of the report on the adherence to the license issued previously (except for the first import).
Within 7 working days from the day on which the satisfactory application is received, the Ministry of Industry and Trade shall issue a License for import to the applicant. If the application is rejected, the Ministry of Industry and Trade shall make a written response and provide explanation.
b) If goods are imported as humanitarian aid: The Ministry of Industry and Trade shall consider the written request made by a competent authority, specifying the name, HS code, quantity, and purpose of each article, and the certification of the accuracy of such information.
Within 7 working days from the day on which the satisfactory application is received, the Ministry of Industry and Trade shall make a written response. If the application is rejected, the Ministry of Industry and Trade shall also make a written response and provide explanation.
Article 4. Import of goods that affect national defense and security
1. A List of articles that affect national defense and security compiled by the Ministry of Industry and Trade is provided in Appendix II to this Circular.
2. Every importer of the articles in the List mentioned in Clause 1 of this Article shall send an application to the Ministry of Industry and Trade (Export and Import Administration) by post, which consists of:
a) 01 copy of the Certificate of investment or Certificate of Business registration that bears the certification and seal of the trader.
b) 01 original of the written request for permission for import made by the importer, specifying the name, HS code, quantity, and value of every article.
c) A written approval of the import made by the Ministry of Public Security or the Ministry of National Defense.
Within 7 working days from the day on which the application is received, the Ministry of Industry and Trade shall issue the License for import to the trader. If the application is rejected, the Ministry of Industry and Trade shall make a written response and provide explanation.
3. When goods in the List mentioned in Clause 1 of this Article is imported to serve national defense and security, regulations of the Ministry of Public Security or the Ministry of National Defense shall apply.
Article 5. Goods imported under tariff-rate quota
1. List of goods imported under tariff-rate quotas

No.	Description	HS code
1	Salt	2501
2	Unmanufactured tobacco	2401
3	Poultry eggs	0407 ^(*)
4	Refined sugar or raw sugar	1701

^(*)Notes: not including fertilized eggs for incubation of codes 04071100, 04071910, 04071990.
2. Determination and announcement of tariff-rate quotas
a) The Ministry of Agriculture and Rural Development shall determine the tariff-rate quotas on salt, poultry eggs, refined sugar, and raw sugar.
b) The Ministry of Industry and Trade shall determine the quotas on unmanufactured tobacco.
c) Based on relevant international agreements, the tariff-rate quotas determined annually, the demand and supply, the Ministry of Industry and Trade shall officially announce annual tariff-rate quotas on the goods in the list of goods imported under tariff-rate quotas and decide the method of regulating import of each article after seeking opinions from the Ministry of Finance and relevant Ministries.
3. Tariff-rate quota principles
a) The articles in the above list of goods imported under tariff-rate quotas may be imported under the license for import in order to apply preferential import tax rates within tariff-rate quotas.
b) The tax rates beyond the tariff-rate quotas shall apply to the articles in the list of goods imported under tariff-rate quotas without licenses issued by the Ministry of Industry and Trade. Separate regulations of the Ministry of Industry and Trade shall apply to unmanufactured tobacco imported for manufacture of cigarettes beyond the tariff-rate quota.
c) Quantities, weight, and values of the articles in the list of goods imported under tariff-rate quota for manufacture of exported goods or processing exported goods are not included in the annual tariff-rate quotas announced by the Ministry of Industry and Trade.
4. The Ministry of Industry and Trade shall issue licenses for import to the traders eligible to import the goods in the list of goods imported under tariff-rate quotas, in particular:
a) Salts: the traders that need to use salt for manufacture according to certification of relevant regulatory bodies.
b) Unmanufactured tobacco: the traders that hold licenses for cigarette manufacture issued by the Ministry of Industry and Trade and need to use unmanufactured tobacco for manufacture of cigarettes according to certification of the Ministry of Industry and Trade.
The general companies of the business lines shall distribute quotas to their subsidiaries.
c) Poultry eggs: the traders holding the Certificates of Business registration or Certificates of Business registration and need to import poultry eggs.
d) Refined sugar and raw sugar: subject to decisions of the Ministry of Industry and Trade that is made annually after seeking opinions from relevant Ministries.
5. Procedure for issuing licenses for import under tariff-rate quota
The Ministry of Industry and Trade shall issue licenses for import under tariff-rate quota according to the annual tariff-rate quotas imposed by other Ministries, the import of the previous year, and the traders’ registrations.
Every trader that wishes to apply for import quota allocation shall send an application to the Ministry of Industry and Trade (Export and Import Administration). The application consists of:
– An application form for import quota allocation (the form in Appendix III to this Circular).
– a) 01 copy of the Certificate of investment or Certificate of Business registration and 01 copy of the Certificate of Tax Code Registration that bear the certification and seal of the trader.
b) The time for considering allocation of tariff-rate quotas to traders shall be agreed by the Ministry of Industry and Trade and relevant Ministries.
The license for import under tariff-rate quota shall be issued to the trader within 10 working days from the time mentioned above.
If the application is rejected, the Ministry of Industry and Trade shall send a written response providing the explanation to the trader.
c) The license for import under tariff-rate quota or the written response of the Ministry of Industry and Trade shall be sent to the address written on the application.
d) The trader shall present the license for import under tariff-rate quota issued by the Ministry of Industry and Trade to the Sub-department of Customs at the border checkpoint while following the import procedure. The amount of goods imported within the license is eligible for the preferential rates of import tax under tariff-rate quotas.
dd) Traders must send periodic reports and irregular reports on their import at the request of the Ministry of Industry and Trade (Export and Import Administration) using the form in Appendix IV enclosed herewith.
By the 30^th of every September, every trader must send a report (instead of a report of the third quarter) to the Ministry of Industry and Trade on the assessment of the import potential of the whole year, suggest increases or decreases of import quotas, or report the amount of goods they cannot import in order to share quotas to other traders.
Article 6. Import of motor vehicles
1. Used motor vehicles (including passenger cars, cargo trucks, pickup trucks, and specialized cars) may be imported if they have not been used for more than 05 years from the manufacturing year (e.g. only the motor vehicles manufactured in 2009 and later may be imported in 2014). Other regulations shall be implemented in accordance with the instructions of relevant Ministries.
The import of passenger cars with fewer than 16 seats must comply with the Circular No. 03/2006/TTLT-BTM-BGTVT-BTC-BCA dated March 31, 2006 of the Ministry of Trade, the Ministry of Transport, the Ministry of Finance, and the Ministry of Industry and Trade on import of used passenger cars with fewer than 16 seats, and the Circular No. 19/2009/TT-BCT dated July 07, 2009 of the Minister of Industry and Trade on amendments to the Circular No. 03/2006/TTLT-BTM-BGTVT-BTC-BCA.
2. It is prohibited to import right-hand-drive vehicles (wrong-hand-drive vehicles), including knocked-down kids and those transformed before import to Vietnam, except for the right-hand-drive vehicles that are used within a small area including crane trucks, canal digging machines, road sweeper lorries, spraying lorries, garbage trucks, mobile workshops, airport buses, forklifts, concrete-pump trucks, and golf carts.
3. It is prohibited to import motor vehicles and knocked-down kits of which the structures or functions have been changed, or the chassis numbers, engine number have been changed in any shape or form.
4. It is prohibited to knock down a motor vehicle during transport and import.
5. It is prohibited to import used ambulances.
Article 7. Import, export, and temporary import of ozone-depleting substances
The import, export, and temporary import of ozone-depleting substances shall comply with the Circular No. 47/2011/TTLT-BCT-BTNMT dated December 30, 2011 of the Ministry of Industry and Trade and the Ministry of Natural Resources and Environment on import, export, and temporary import of ozone-depleting substances in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer.
Article 8. Import of cigarettes and cigars
1. The import of cigarettes and cigars for sale in the home market must comply with the Circular No. 37/2013/TT-BCT dated December 30, 2013 of the Minister of Industry and Trade on import of cigarettes and cigars.
2. The import of cigarettes and cigars for sale in the duty-free shops must comply with the Circular No. 02/2010/TT-BCT dated January 14, 2010 of the Ministry of Industry and Trade on import of tobacco for sale as duty-free goods, and the Circular No. 10/2011/TT-BCT dated March 30, 2011 of the Ministry of Industry and Trade on amendments to and removal of some export and import procedures according to the Government’s Resolution No. 59/NQ-CP dated December 17, 2010 on simplification of administrative procedures under the management of the Ministry of Industry and Trade.
Chapter III

GOODS PROCESSING AND TRANSIT

Article 9. Processing goods of foreign origins
The processing of goods of foreign origins shall comply with Chapter VI of the Decree No.187/2013/ND-CP and the following regulations:
1. The goods imported under licenses for experiments and goods imported by importers appointed by Ministries and ministerial agencies according to Appendix II of the Decree No.187/2013/ND-CP must not be processed for export.
2. Only the traders that satisfy all of the requirements for manufacturing and selling the goods in the list of goods sold on conditions compiled by relevant Ministries and ministerial agencies may process them for export.
3. The contracts to process goods exported or imported under licenses may only be signed with foreign traders after such licenses are issued by the Ministry of Industry and Trade.
The trader shall send a written request for the license for goods processing, specifying the information mentioned in Article 29 of the Decree No. 187/2013/ND-CP enclosed with a certification of the regulatory Ministry to the Ministry of Industry and Trade (Export and Import Administration).
The Ministry of Industry and Trade shall issue the license within 10 working days from the receipt of the written request and the certification of the regulatory Ministry. If the request is rejected, the Ministry of Industry and Trade shall send a written request that contains the explanation to the trader
c) The license or the written response of the Ministry of Industry and Trade shall be sent to the address written on the request.
Article 10. Transit of goods through Vietnam
1. The transit of goods through Vietnam must comply with Chapter VII of the Decree No.187/2013/ND-CP
2. The transit of goods of China, Laos, and Cambodia through Vietnam must respectively comply with:
a) The Decision No. 0305/2001/QD-BTM dated March 26, 2001 of the Ministry of Commerce (now the Ministry of Industry and Trade), which promulgates the Regulation on transit of goods of China through Vietnam.
b) The Decision No. 22/2009/TT-BCT dated August 04, 2009 of the Minister of Industry and Trade on transit of goods of Laos through Vietnam.
c) The Decision No. 08/2009/TT-BCT dated May 11, 2009 of the Minister of Industry and Trade on transit of goods of Cambodia through Vietnam.
Chapter IV

IMPLEMENTATION

Article 11. Transition
The export and import licenses that are issued before the Decree No. 187/2013/ND-CP and this Circular takes effect are still in force until they expire or until they are no longer extended by competent authorities.
Article 12. Effect
1. This Circular takes effect on February 20, 2014. The following documents are abolished:
a) The Circular No. 04/2006/TT-BTM dated April 06, 2006 of the Ministry of Commerce providing guidance on the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006, which elaborates the regulations of the Law on Commerce on international trade.
b) Clause 1, Clause 2 Article 1, Appendix I and Appendix II of the Circular No. 10/2011/TT-BCTdated March 30, 2011 of the Minister of Industry and Trade on amendments to and removal of some export and import procedures according to the Government’s Resolution No. 59/NQ-CPdated December 17, 2010 on simplification of the administrative procedures under the management of the Ministry of Industry and Trade.
2. The difficulties that arise during the implementation of this Circular should be reported to the Ministry of Industry and Trade for consideration./.

PP THE MINISTER
DEPUTY MINISTER

Tran Tuan Anh

APPENDIX I

LIST OF USED GOODS BANNED FROM IMPORT
I. INSTRUCTIONS
This list is compiled according to the list of exports and imports of Vietnam and the Export Tax Schedule and Import Tax Schedule. The list is used as follows:
1. When a 4-digit code is enumerated, all articles with 8-digit codes in the same 4-digit heading are banned from import.
2. When a 6-digit code is enumerated, all articles with 8-digit codes in the same 6-digit subheading are banned from import.
3. When a 8-digit code is enumerated, only the articles with that 8-digit codes are banned from import.
4. The parts and components used consumer goods banned from imports are also banned from import.
5. This list is used to implement Appendix I to the Government’s Decree No. 187/2013/ND-CPdated November 20, 2013.
II. LIST OF USED CONSUMER GOODS BANNED FROM IMPORT

Chapter	Heading	Sub-heading		Description
Chapter 39	3918			Floor coverings of plastics, whether or not self-adhesive, in rolls or in the form of tiles; wall or ceiling coverings of plastics, as defined in Note 9 to this Chapter.
	3922			Baths, shower-baths, sinks, wash-basins, bidets, lavatory pans, seats and covers, flushing cisterns and similar sanitary ware, of plastics.
	3924			Tableware, kitchenware, other household articles and hygienic or toilet articles, of plastics.
	3925			Builders’ ware of plastics, not elsewhere specified or included.
	3926			Other articles of plastics and articles of other materials of headings 39.01 to 39.14 (except for police shield, reflective nail and mosquito net).
Chapter 40	4015	19	00	– – Other
	4016	91		– – Floor coverings and mats:
	4016	99	91	—-Table coverings
	4016	99	99	—-Other
Chapter 42	4201	00	00	Saddlery and harness for any animal (including traces, leads, knee pads, muzzles, saddle cloths, saddle bags, dog coats and the like), of any material.
	4202			Trunks, suit-cases, vanity-cases, executive-cases, brief-cases, school satchels, spectacle cases, binocular cases, camera cases, musical instrument cases, gun cases, holsters and similar containers; travelling-bags, insulated food or beverages bags, toilet bags, rucksacks, handbags, shopping-bags, wallets, purses, map-cases, cigarette-cases, tobacco-pouches, tool bags, sports bags, bottle-cases, jewellery boxes, powder-boxes, cutlery cases and similar containers, of leather or of composition leather, of sheeting of plastics, of textile materials, of vulcanised fibre or of paperboard, or wholly or mainly covered with such materials or with paper.
	4203			Articles of apparel and clothing accessories, of leather or of composition leather.
Chapter 43	4303			Articles of apparel, clothing accessories and other articles of furskin.
	4304			Artificial fur and articles thereof.
Chapter 44	4414	00	00	Wooden frames for paintings, photographs, mirrors or similar objects.
	4419	00	00	Tableware and kitchenware, of wood.
	4420			Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles, of wood; statuettes and other ornaments, of wood; wooden articles of furniture not falling in Chapter 94.
	4421			Other articles of wood (except for 4421 90 10).
Chapter 46				The whole Chapter 46
Chapter 48	4814	20	00	– Wallpaper and similar wall coverings, consisting of paper coated or covered, on the face side, with a grained, embossed, coloured, design-printed or otherwise decorated layer of plastics
	4823	61	00	– – Of bamboo
	4823	69	00	– – Other
	4823	90	70	– – Fans and handscreens
Chapter 49	4910	00	00	Calendars of any kind, printed, including calendar blocks.
Chapter 50	5007			Woven fabrics of silk or of silk waste.
Chapter 51	5111			Woven fabrics of carded wool or of carded fine animal hair.
	5112			Woven fabrics of combed wool or of combed fine animal hair.
	5113	00	00	Woven fabrics of coarse animal hair or of horsehair.
Chapter 52	5208			Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing not more than 200 g/m².
	5209			Woven fabrics of cotton, containing 85% or more by weight of cotton, weighing more than 200 g/m²
	5210			Woven fabrics of cotton, containing less than 85% by weight of cotton, mixed mainly or solely with man-made fibres, weighing not more than 200 g/m²
	5211			Woven fabrics of cotton, containing less than 85% by weight of cotton, mixed mainly or solely with man-made fibres, weighing more than 200 g/m².
	5212			Other woven fabrics of cotton.
Chapter 53	5309			Woven fabrics of flax.
	5310			Woven fabrics of jute or of other textile bast fibres of heading 53.03.
	5311			Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn.
Chapter 54	5407			Woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 54.04.
	5408			Woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 54.05.
Chapter 55	5512			Woven fabrics of synthetic staple fibres, containing 85% or more by weight of synthetic staple fibres.
	5513			Woven fabrics of synthetic staple fibres, containing less than 85% by weight of such fibres, mixed mainly or solely with cotton, of a weight not exceeding 170 g/m².
	5514			Woven fabrics of synthetic staple fibres, containing less than 85% by weight of such fibres, mixed mainly or solely with cotton, of a weight exceeding 170 g/m².
	5515			Other woven fabrics of synthetic staple fibres.
	5516			Woven fabrics of artificial staple fibres.
Chapter 57				The whole Chapter 57
Chapter 58				The whole Chapter 58
Chapter 60				The whole Chapter 60
Chapter 61				The whole Chapter 61
Chapter 62				The whole Chapter 62
Chapter 63	6301			Blankets and travelling rugs.
	6302			Bed linen, table linen, toilet linen and kitchen linen.
	6303			Curtains (including drapes) and interior blinds; curtain or bed valances
	6304			Other furnishing articles, excluding those of heading 94.04.
	6307	10		– Floor-cloths, dish-cloths, dusters and similar cleaning cloths:
	6308	00	00	Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale.
	6309	00	00	Worn clothing and other worn articles.
Chapter 64				The whole Chapter 64 (except for 6406)
Chapter 65	6504	00	00	Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed.
	6505			Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed.
	6506	91	00	– – Of rubber or of plastics
	6506	99		– – Of other materials:
Chapter 66	6601			Umbrellas and sun umbrellas (including walking-stick umbrellas, garden umbrellas and similar umbrellas).
	6602	00	00	Walking-sticks, seat-sticks, whips, riding-crops and the like.
Chapter 67	6702			Artificial flowers, foliage and fruit and parts thereof; articles made of artificial flowers, foliage or fruit.
	6703	00	00	Human hair, dressed, thinned, bleached or otherwise worked; wool or other animal hair or other textile materials, prepared for use in making wigs or the like.
	6704			Wigs, false beards, eyebrows and eyelashes, switches and the like, of human or animal hair or of textile materials; articles of human hair not elsewhere specified or included.
Chapter 69	6910			Ceramic sinks, wash basins, wash basin pedestals, baths, bidets, water closet pans, flushing cisterns, urinals and similar sanitary fixtures.
	6911			Tableware, kitchenware, other household articles and toilet articles, of porcelain or china.
	6912	00	00	Ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china.
	6913			Statuettes and other ornamental ceramic articles.
	6914			Other ceramic articles.
Chapter 70	7013			Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 70.10 or 70.18).
Chapter 71	7117			Imitation jewellery.
Chapter 73	7321			Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gas-rings, plate warmers and similar non-electric domestic appliances, and parts thereof, of iron or steel.
	7323			Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel.
	7324			Sanitary ware and parts thereof, of iron or steel.
Chapter 74	7418			Table, kitchen or other household articles and parts thereof, of copper; pot scourers and scouring or polishing pads, gloves and the like, of copper; sanitary ware and parts thereof, of copper.
Chapter 76	7615			Table, kitchen or other household articles and parts thereof, of aluminium; pot scourers and scouring or polishing pads, gloves and the like, of aluminium; sanitary ware and parts thereof, of aluminium.
Chapter 82	8210	00	00	Hand-operated mechanical appliances, weighing 10 kg or less, used in the preparation, conditioning or serving of food or drink.
	8211	91	00	– – Table knives having fixed blades
	8212			Razors and razor blades (including razor blade blanks in strips).
	8214	20	00	– Manicure or pedicure sets and instruments (including nail files)
	8215			Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware.
Chapter 83	8301	30	00	– Locks of a kind used for furniture
	8301	70	00	– Keys presented separately
	8302	42		– – Other, suitable for furniture:
	8302	50	00	– Hat-racks, hat-pegs, brackets and similar fixtures
	8306			Bells, gongs and the like, non-electric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal.
Chapter 84	8414	51		– – Table, floor, wall, window, ceiling or roof fans, with a self-contained electric motor of an output not exceeding 125W: (except for industrial fans)
	8414	59		– – Other: (except for industrial fans)
	8415	10		– Window or wall types, self-contained or “split-system”
	8415	20		– Of a kind used for persons, in motor vehicles:
	8415	81		– – Incorporating a refrigerating unit and a valve for reversal of the cooling/heat cycle (reversible heat pumps):
	8415	82		– – Other, incorporating a refrigerating unit:
	8415	83		– – Not incorporating a refrigerating unit:
	8415	90	19	– – – Other (only parts of the articles with the HS codes above)
	8418	10	10	– – Household type
	8418	21	00	– – Compression-type
	8418	29	00	– – Other
	8418	30	10	– – Not exceeding 200 l capacity
	8418	40	10	– – Not exceeding 200 l capacity
	8418	99		– – Other (only parts of the articles with the HS codes above)
	8419	11	10	– – – Household type
	8419	19	10	– – – Household type
	8419	81		– – For making hot drinks or for cooking or heating food
	8421	12	00	– – Clothes-dryers
	8421	21	11	– – – – Filtering machinery and apparatus for domestic use
	8421	91		– – Of centrifuges, including centrifugal dryers (only parts of the articles above)
	8422	11	00	– – Household type
	8422	90	10	– – Of machines of subheading 8422.11
	8423	10		– Personal weighing machines, including baby scales; household scales:
	8423	81		– – Having a maximum weighing capacity not exceeding 30 kg
	8450	11		– – Fully-automatic machines:
	8450	12	00	– – Other machines, with built-in centrifugal drier
	8450	19		– – Other:
	8450	90	20	— Of machines of subheading 8450.11, 8450.12.00 or 8450.19
	8451	30	10	– – Single roller domestic type
	8452	10	00	– Sewing machines of the household type
	8471	30	10	– – Handheld computers including palmtops and personal digital assistants (PDAs)
	8471	30	20	– – Laptops including notebooks and subnotebooks
	8471	30	90	– – Other
	8471	41	10	– – – Personal computers excluding portable computers of subheading 8471.30
	8471	49	10	– – – Personal computers excluding portable computers of subheading 8471.30
Chapter 85	8508	11	00	– – Công suất không quá 1.Of a power not exceeding 1,500 W and having a dust bag or other receptacle capacity not exceeding 20 l
	8508	19	10	– – – Of a kind suitable for domestic use
	8508	70	10	– – Of vacuum cleaners of subheading 8508.11.00 or 8508.19.10
	8509			Electro-mechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 85.08.
	8510			Shavers, hair clippers and hair-removing appliances, with self-contained electric motor.
	8516			Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electro-thermic hair-dressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric smoothing irons; other electro-thermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 85.45 (except for 8516 40 10, 8516.80 and 8516.90)
	8517	11	00	– – Line telephone sets with cordless handsets
	8517	12	00	– – Telephones for cellular networks or for other wireless networks
	8517	18	00	– – Other
	8518	21		– – Single loudspeakers, mounted in their enclosures:
	8518	22		– – Multiple loudspeakers, mounted in the same enclosure:
	8518	30	10	– – Headphones
	8518	30	20	– – Earphones
	8518	30	51	– – – For goods of subheading 8517.12.00
	8518	30	59	– – – Other
	8518	40		– Audio-frequency electric amplifiers:
	8518	50		– Electric sound amplifier sets:
	8518	90		– Parts (of the goods above only)
	8519	30	00	– Turntables (record-decks) without built-in amplifiers and speakers
	8519	81	10	– – – Pocket size cassette recorders, the dimensions of which do not exceed 170 mm x 100 mm x 45 mm
	8519	81	20	– – – Cassette recorders, with built in amplifiers and one or more built in loudspeakers, operating only with an external source of power
	8519	81	30	– – – Compact disc players
	8519	81	49	– – – – Other
	8519	81	69	– – – – Other
	8519	81	79	– – – – Other
	8519	81	99	– – – – Other
	8521			Video recording or reproducing apparatus, whether or not incorporating a video tuner.
	8522			Parts and accessories suitable for use solely or principally with the apparatus of heading 8519 or 8521.
	8525	80		– Television cameras, digital cameras and video camera recorders:
	8527			Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock.
	8528	72		– – Other, colour:
	8528	73	00	– – Other, monochrome
	8529			Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528.
	8539	22	90	– – – Other
	8539	29	50	– – – Other, having a capacity exceeding 200 W but not exceeding 300 W and a voltage exceeding 100 V
	8539	31	10	– – – Tubes for compact fluorescent lamps
	8539	31	90	– – – Other
	8539	39		– – Other
Chapter 90	9004	10	00	– Sunglasses
Chapter 91	9101			Wrist-watches, pocket-watches and other watches, including stop-watches, with case of precious metal or of metal clad with precious metal.
	9102			Wrist-watches, pocket-watches and other watches, including stop-watches, other than those of heading 9101.
	9103			Clocks with watch movements, excluding clocks of heading 9104.
	9105			Other clocks. (except for marine choronometers code 9105.91.10, 9105.99.10 and the likes)
Chapter 94	9401	30	00	– Swivel seats with variable height adjustment
	9401	40	00	– Seats other than garden seats or camping equipment, convertible into beds
	9401	51	00	– – Of bamboo or rattan
	9401	61	00	– – Upholstered
	9401	69	00	– – Other
	9401	71	00	– – Upholstered
	9401	79	00	– – Other
	9401	80	00	– Other seats
	9403	10	00	– Metal furniture of a kind used in offices
	9403	20		– Other metal furniture:
	9403	30	00	– Wooden furniture of a kind used in offices
	9403	40	00	– Wooden furniture of a kind used in the kitchen
	9403	50	00	– Wooden furniture of a kind used in the bedroom
	9403	60		– Other wooden furniture:
	9403	70		– Furniture of plastics:
	9403	81	00	– – Of bamboo or rattan
	9403	89		– – Other:
	9404			Mattress supports; articles of bedding and similar furnishing (for example, mattresses, quilts, eiderdowns, cushions, pouffes and pillows) fitted with springs or stuffed or internally fitted with any material or of cellular rubber or plastics, whether or not covered.
	9405	10	40	– – – Fluorescent lamps and lighting fittings
	9405	10	90	– – – Other
	9405	20	90	– – Other
	9405	30	00	– Lighting sets of a kind used for Christmas trees
	9405	50	11	– – – Of brass of a kind used for religious rites
	9405	50	19	– – – Other
	9405	50	40	– – Hurricane lamps
	9405	50	90	– – Other
Chapter 95	9504			Video game consoles and machines, articles for funfair, table or parlour games, including pintables, billiards, special tables for casino games and automatic bowling alley equipment.
	9505			Festive, carnival or other entertainment articles, including conjuring tricks and novelty jokes.
Chapter 96	9603	21	00	– – Tooth brushes, including dental-plate brushes
	9603	29	00	– – Other
	9603	90		– Other:
	9605	00	00	Travel sets for personal toilet, sewing or shoe or clothes cleaning.
	9613			Cigarette lighters and other lighters, whether or not mechanical or electrical, and parts thereof other than flints and wicks.
	9614			Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof.
	9615			Combs, hair-slides and the like; hair pins, curling pins, curling grips, hair-curlers and the like, other than those of heading 8516, and parts thereof.
	9617	00	10	– Vacuum flasks and other vacuum vessels

III. LIST OF USED VEHICLES BANNED FROM IMPORT

Chapter	Heading	Subheading	Description
Chapter 87	8711		Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars.
	8712		Bicycles and other cycles (including delivery tricycles), not motorised (except for racing bicycles code 8712.00.10)
	8714		Parts and accessories of vehicles of headings 8711 to 8713 (except for parts and accessories of vehicles of heading 8713)

IV. LIST OF USED MEDICAL EQUIPMENT BANNED FROM IMPORT

Chapter	Heading	Subheading		Description
Chapter 90	9018	11	00	– – Electro-cardiographs
	9018	12	00	– – Ultrasonic scanning apparatus
	9018	13	00	– – Magnetic resonance imaging apparatus
	9018	14	00	– – Scintigraphic apparatus
	9018	19	00	– – Other
	9018	20	00	– Ultra-violet or infra-red ray apparatus
	9018	31	10	– – – Disposable syringes
	9018	31	90	– – – Other
	9018	32	00	– – Tubular metal needles and needles for sutures
	9018	39	10	– – – Catheters
	9018	39	90	– – – Other
	9018	41	00	– – Dental drill engines, whether or not combined on a single base with other dental equipment
	9018	49	00	– – Other
	9018	50	00	– Other ophthalmic instruments and appliances
	9018	90	20	– – Intravenous administration sets
	9018	90	30	– – Electronic instruments and appliances
	9018	90	90	– – Other
	9019	10	10	– – Electronic
	9019	10	90	– – Other
	9019	20	00	– Ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus
	9020	00	00	Other breathing appliances and gas masks, excluding protective masks having neither mechanical parts nor replaceable filters.
	9021	10	00	– Orthopaedic or fracture appliances
	9021	21	00	– – Artificial teeth
	9021	29	00	– – Other
	9021	31	00	– – Artificial joints
	9021	39	00	– – Other
	9021	40	00	– Hearing aids, excluding parts and accessories
	9021	50	00	– Pacemakers for stimulating heart muscles, excluding parts and accessories
	9021	90	00	– Other
	9022	12	00	– – Computed tomography apparatus
	9022	13	00	– – Other, for dental uses
	9022	14	00	– – Other, for medical, surgical or veterinary uses
	9022	19	10	– – – X-ray apparatus for the physical inspection of solder joints on printed circuit board/printed wiring board assemblies
	9022	19	90	– – – Other
	9022	21	00	– – For medical, surgical, dental or veterinary uses
	9022	29	00	– – For other uses
	9022	30	00	– X-ray tubes
	9022	90	10	– – Parts and accessories of X-ray apparatus for the physical inspection of solder joints on printed circuit assemblies
	9022	90	90	– – Other

APPENDIX II

LIST OF GOODS THAT AFFECT NATIONAL DEFENSE AND SECURITY
I. INSTRUCTIONS
This list is compiled according to the list of exports and imports of Vietnam and the Export Tax Schedule and Import Tax Schedule. The list is used as follows:
1. When a 4-digit code is enumerated, all articles with 8-digit codes of that 4-digit heading are included.
2. When a 6-digit code is enumerated, all articles with 8-digit codes in the same 6-digit subheading are included.
3. When a 8-digit code is enumerated, only the articles with that 8-digit codes are included.
II. DETAILED LIST

Chapter	Heading	Subheading		Description
Chapter 87	8702			Motor vehicles for the transport of ten or more persons, including the driver (armored, not fitted with military weapons, other than CKD types)
	8703			Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 8702), including station wagons and racing cars (armored, not fitted with military weapons, other than CKD types).
	8704			Motor vehicles for the transport of goods (armored, not fitted with military weapons, other than CKD types)
Chapter 88	8802			Other aircraft (for example, helicopters, aeroplanes); spacecraft (including satellites) and suborbital and spacecraft launch vehicles (only the aircraft and helicopters used for civil aviation not fitted with weapons)
Chapter 93	9304			Other arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307.
	9304	00	90	– Other (paint guns, paint-ball guns, wire guns)
Chapter 32	3213			Artists’, students’ or signboard painters’ colours, modifying tints, amusement colours and the like, in tablets, tubes, jars, bottles, pans or in similar forms or packings.
	3213	90	00	– Other (paint balls).

The post Circular No. 04/2014/TT-BCT dated January 27, 2014, elaborating the implementation of the Decree No. 187/2013/ND-CP which elaborates the regulations on international trade of Law on commerce appeared first on MP Law Firm.

Circular No. 08/2013/TT-BCT of April 22, 2013, detailing the goods trading and directly related activities of foreign-invested enterprises in Vietnam

mplawadmin — Mon, 22 Apr 2013 05:49:19 +0000

THE MINISTRY OF INDUSTRY AND TRADE ——-	SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness ———-
No. 08/2013/TT-BCT	Hanoi, April 22, 2013

CIRCULAR

DETAILING THE GOODS TRADING AND DIRECTLY RELATED ACTIVITIES OF FOREIGN-INVESTED ENTERPRISES IN VIETNAM

Pursuant to the Government’s Decree No. 95/2012/ND-CP of November 12, 2012 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No.108/2006/ND-CP of September 22, 2006 detailing and guiding implementation of a number of articles of the Law on investment;
Pursuant to the Government’s Decree No. 23/2007/ND-CP of February 12, 2007, detailing the Commercial Law regarding goods trading and directly related activities of foreign-invested enterprises in Vietnam;
At the proposal of Director of Planning Department;
The Minister of Industry and Trade promulgates Circular detailing goods trading and directly related activities of foreign-invested enterprises in Vietnam:
Chapter 1

GENERAL PROVISIONS

Article 1. Investment in goods trading and directly related activities
Foreign investors or foreign-invested enterprises in Vietnam that meet the conditions specified at Point a, Clause 1, Article 4 of Decree No. 23/2007/ND-CP may invest in goods trading and directly related activities in the forms and according to the roadmaps provided for in Appendix 01 to the Decision No. 10/2007/QD-BTM dated May 21, 2007, of the Minister of Trade (now as the Minister of Trade and Industry) publicizing roadmaps for goods trading and directly related activities and other relevant regulations.
Article 2. Scope of performing the goods trading and directly related activities
Foreign-invested enterprises are entitled to carry out goods trading and directly related activities only as prescribed in the certificates of investment, business licenses or licenses for setting up retail establishments and other relevant law regulations.
Article 3. Exercise of the right to export
1. Foreign-invested enterprises already licensed to exercise the right to export, are entitled to purchase goods in Vietnam for export, including goods imported in Vietnam by them or other enterprises already finished tax liability and other financial obligations, under the following conditions:
a. Export goods which are not in the list of those banned from export, list of those temporarily suspended from export, list of those of which the right to export is not granted according to international commitments;
b. For export goods in the list of conditional export goods, enterprises must meet conditions as prescribed by law;
c. For export goods in the list of goods to be exported under roadmaps specified in international commitments, enterprises must comply with the committed roadmap;
d. The export commodities must be suitable with content of the right to export which enterprises have been licensed for implementation.
2. The foreign-invested enterprises already licensed for right to export are entitled to directly do procedures for export of goods at customs agencies as prescribed by law.
3. The foreign-invested enterprises already licensed for right to export are responsible for implementation of tax liability and other financial obligations for export of goods as prescribed by law.
4. The foreign-invested enterprises already licensed for right to export are entitled to directly purchase only goods of Vietnamese traders who have business registration or right to import, right to distribute such goods for export; not entitled to organize the network of goods purchase in Vietnam for export, unless otherwise provided by law of Vietnam or International treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 4. Exercise of the right to import
1. Foreign-invested enterprises already licensed to exercise the right to import, are entitled to import goods from other countries in Vietnam under the following conditions:
a. Export goods which are not in the list of those banned from import, list of those temporarily suspended from import, list of those of which the right to import is not granted according to international commitments;
b. For export goods in the list of conditional import goods, enterprises must meet conditions as prescribed by law;
c. For export goods in the list of goods to be imported under roadmaps specified in international commitments, enterprises must comply with the committed roadmap;
d. The import commodities must be suitable with content of the right to import which enterprises have been licensed for implementation.
2. The foreign-invested enterprises already licensed for right to import are entitle to directly do procedures for import of goods at customs agencies as prescribed by law.
3. The foreign-invested enterprises already licensed for right to import are responsible for implementation of tax liability and other financial obligations for import of goods as prescribed by law.
4. The foreign-invested enterprises already licensed for right to import but not yet licensed for right to distribute are entitled to directly sell import goods for Vietnamese traders who have business registration or right to export, right to distribute such goods; not entitled to organize or participate in the network of goods distribution in Vietnam, unless otherwise provided by law of Vietnam or International treaties to which the Socialist Republic of Vietnam is a contracting party.
Article 5. Exercise of the right to distribution
1. Foreign-invested enterprises already licensed to exercise the right to distribution, are entitled to distribute goods which are produced in Vietnam and legally imported in Vietnam under the following conditions:
a. The distributed goods are not in the list of those banned from business and list of those of which the right to distribution is not granted under international commitments;
b. For goods restrained for business or goods of conditional business, enterprises must meet conditions as prescribed by law;
c. For distribution goods in the list of goods to be distributed under roadmaps specified in international commitments, enterprises must comply with the committed roadmap;
d. The distribution commodities must be suitable with content of the right to distribution which enterprises have been licensed for implementation.
2. The foreign-invested enterprises already licensed for right to distribution are responsible for implementation of tax liability and other financial obligations for distribution of goods as prescribed by law.
Article 6. Exercise of goods trading and directly related activities with the exporting and processing enterprises
1. Foreign-invested exporting and processing enterprises already licensed to exercise the right to export, import, are entitled to exercise the respective rights specified in Article 3 and Article 4 of this Circular.
2. The foreign-invested exporting and processing enterprises already licensed to exercise the right to distribution, are entitled to exercise the right to distribution specified in Article 5 of this Circular, including distribution for the exporting and processing enterprises and enterprises outside of processing and exporting zones in Vietnam.
3. The foreign-invested enterprises not being exporting and processing enterprises already licensed to exercise the right to distribution, are entitled to exercise the right to distribution specified in Article 5 of this Circular, including distribution for the exporting and processing enterprises.
4. The exporting and processing enterprises are responsible for implementation of tax liability and other financial obligations for goods trading and directly related activities in accordance with law.
5. The investment incentives, tax incentives and other financial incentives applying to production for export of foreign-invested exporting and processing enterprises are not applicable to the goods trading and directly related activities of the foreign-invested exporting and processing enterprises.
Article 7. Setting up of retail establishments
1. The setting up of retail establishments including the first retail establishments must abide by law regulations on state management for retail activities and be conformable with the related master plans of central-affiliated cities and provinces, where are expected for setting up of retail establishments.
2. The setting up of retail establishments in addition to the first retail establishments are considered for each specific case based on the examination on economic demand of each locality where place retail establishment under the criteria: Quantity of retail establishments, stability of market, residential density and scale of district-level localities where are expected for the setting up of retail establishments.
3. In case of setting up a retail establishment with area of less than 500m² in area planned for goods trading activities by central-affiliated cities and provinces and already finished construction of infrastructure, it is not required to perform provision on checking the economic demand in clause 2 of this Article. This provision does not apply in cases of having changes on planning and this condition is not exist.
4. People’s Committees of central-affiliated cities and provinces (herein after referred to as provincial People’s Committees) shall establish a Council of checking the economic demand to consider the conformity of setting up of a retail establishment in addition to the first retail establishment according to criteria specified in clauses 1 and 2 of this Article.
5. Members of the council of checking the economic demand include representatives of: The provincial People’s Committee; the provincial Department of Planning and Investment (or the management board of economical area where place retail establishment); the Service of Industry and Trade and relevant agencies, sectors (decided by the chairperson of provincial People’s Committee).
In case the place to set up retail establishment in geography area of ward level adjacent to other central-affiliated cities and provinces, the Council of checking the economic demand must include representatives of the adjacent provincial People’s Committees.
6. The working result of Council of checking economic demand must be adopted in writing by provincial People’s Committee. This document is a part in dossier of the setting up of retail establishment which is sent to the Ministry of Industry and Trade for acceptance opinion.
7. The foreign-invested enterprises already issued certificates of investment with content of the setting up of retail establishments in addition to the first retail establishments not fall in case specified in clause 3 Article 7 of this Circular but have not yet been licensed for setting up of retail establishments as prescribed in the Decree No. 23/2007/ND-CP must do procedures for license of setting up of retail establishments as prescribed in Article 19 of this Circular.
Article 8. The setting up of branches for exercise of goods trading and directly related activities
Foreign-invested enterprises in Vietnam that set up branches for exercise of goods trading and directly related activities or set up retail establishments in association with setting up of branches must comply with regulations of the Law on investment, the Law on enterprises, the Decree No.23/2007/ND-CP and regulations on this Circular.
Article 9. Activities of capital contribution, share purchase of foreign investors in Vietnamese enterprises in order to exercise goods trading and directly related activities
Enterprises shall become foreign-invested enterprises exercising goods trading and directly related activities from activities of capital contribution, share purchase of foreign investors in Vietnamese enterprises and must comply with regulations of the Decree No. 23/2007/ND-CPand this Circular.
Chapter 2

PROCEDURES FOR THE LICENSE TO EXERCISE THE GOODS TRADING AND DIRECTLY RELATED ACTIVITIES

Article 10. The license to exercise right to export, right to import, but not concurrently exercise right to distribution or activities directly related to goods trading
1. The foreign investors who invest to exercise right to export, right to import must do procedures for grant of investment certificates; the foreign-invested enterprises in Vietnam which supplement the operational targets for exercise of right to export, right to import must do procedures for adjustment of investment certificates.
a. A dossier comprises:
– Dossier of verification for grant or adjustment of investment certificate as prescribed by law on investment;
– A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;
– Documents proving the financial capability and experiences of investor in exercise of right to export and right to import;
– Vouchers of tax agencies on performing the enterprise income tax liability within two consecutive years for case the foreign-invested enterprises wish to supplement the exercise of right to export, right to import. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.
b. The competent state agencies shall base on relevant regulations to grant investment certificates or adjust investment certificates in order to supplement the operational target for exercise of right to export, right to import. The investment certificate shall concurrently bebusiness license. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.
2. For a foreign-invested enterprises already granted investment certificate for exercise of right to export, right to import, when it adjusts content of exercise of right to export, right to import, it must do procedures for adjustment of investment certificate or procedures for adjustment of investment certificate enclosed with grant of business license (at its request).
a. Case of adjustment of investment certificate, a dossier comprises:
– Dossier of verification for adjustment of investment certificate as prescribed by law on investment;
– A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;
– Documents proving the financial capability and experiences of investor in exercise of adjustment content;
– Reports on exercise of right to export, right to import according to forms BC-1, BC-2 and BC-3 promulgated together with this Circular.
– Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.
b. Case of adjustment of investment certificate enclosed with grant of business license, a dossier comprises:
– Dossier specified in point a clause 2 of this Article;
– Application for business license according to the form MD-1 promulgated together with this Circular.
c. The competent state agencies shall base on relevant regulations to adjust investment certificates about exercise of right to export, right to import or adjust investment certificates about exercise of right to export, right to import enclosed with grant of business license according to form GP-1 promulgated together with this Circular. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.
Article 11. Grant of license to exercise the goods trading and directly related activities
1. The foreign investors with investment projects on exercise of goods trading and directly related activities in association with the setting up of enterprises must do procedures for grant of investment certificates.
a. A dossier comprises:
– Dossier of verification for grant of investment certificate as prescribed by law on investment;
– A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;
– Documents proving the financial capability and experiences of investor in exercise of operational target of goods trading and directly related activities.
b. After having acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant investment certificate. The investment certificate shall concurrently be business license.
c. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.
2. If a foreign investor already granted investment certificate for exercise of goods trading and directly related activities has investment project to establish another economic organization or participate in investment in project of another economic organization aiming to exercise goods trading and directly related activities, it must do procedures for grant of investment certificates.
a. A dossier comprises:
– Dossier specified in point a clause 1 of this Article;
– Report on exercise of goods trading and directly related activities of licensed projects according to form BC-3 promulgated together with this Circular;
– Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.
b. After having acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant investment certificate. The investment certificate shall concurrently be business license.
c. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.
3. If a foreign-invested enterprise already granted investment certificate for exercise of goods trading and directly related activities wish to adjust content of exercise of goods trading and directly related activities, it must do procedures for adjustment of investment certificate or procedures for adjustment of investment certificate enclosed with grant of business license (at its request).
a. Case of adjustment of investment certificate, a dossier comprises:
– Dossier of verification for adjustment of investment certificate as prescribed by law on investment;
– A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;
– Documents proving the financial capability and experiences of investor in exercise of adjustment content;
– Report on exercise of goods trading and directly related activities of licensed projects according to form BC-3 promulgated together with this Circular;
– Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.
b. Case of adjustment of investment certificate enclosed with grant of business license, a dossier comprises:
– Dossier specified in point a clause 3 of this Article;
– Application for business license according to the form MD-1 promulgated together with this Circular.
c. Within 03 working days, after receiving dossier, the dossier-receiving agencies shall check validity of dossier and send dossier to consult the Ministry of Industry and Trade. If dossier is invalid, the dossier-receiving agency shall notify in writing to investor for amending and supplementing dossier.
Within 15 working days, after receiving dossier, the Ministry of Industry and Trade shall send its written opinion about issues under its management function.
In case of only adjusting investment certificate, within 07 working days, after receiving acceptance opinion of the Ministry of Industry and Trade, the competent state management agency shall adjust content of exercise of goods trading and directly related activities in the investment certificate.
In case of adjusting investment certificate enclosed with grant of business license, within 15 working days, after receiving acceptance opinion of the Ministry of Industry and Trade, the competent state management agency shall adjust content of exercise of goods trading and directly related activities in the investment certificate enclosed with grant of business license according to the form GP-1 promulgated together with this Circular.
d. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.
Article 12. Grant of license to supplement operational target of goods trading and directly related activities
1. If the foreign-invested enterprises already granted investment certificate wish to supplement operational target of goods trading and directly related activities, they must do procedures for adjustment of investment certificate and grant of business license. A dossier comprises:
a. Dossier of verification for adjustment of investment certificate as prescribed by law on investment;
b. Dossier of grant of business license comprises:
– Application for business license according to the form MD-1 promulgated together with this Circular.
– A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;
– Documents proving the financial capability and experiences of investor in exercise of goods trading and directly related activities;
– Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.
2. After having acceptance opinion of the Ministry of Industry and Trade, the competent state agency shall adjust and supplement the operational target of goods trading and directly related activities in the investment certificate and grant business license according to the form GP-1 promulgated together with this Circular. Regulation on business trades in investment certificate shall exercise according to the form HD-1 promulgated together with this Circular.
Article 13. Amending and supplementing business license of goods trading and directly related activities
1. Amending the registered information
a. A dossier comprises:
– Application for amending and supplementing business license according to the form MD-2 promulgated together with this Circular;
– Documents relating to the amending content;
– Business license already granted (original).
b. Within 10 working days, as from fully receiving the valid dossiers as prescribed in point a clause 1 of this Article, the competent state agency shall grant new business license according to the form GP-1 promulgated together with this Circular, concurrently withdraw the granted business license.
2. Supplementing content of exercise of goods trading and directly related activities
a. A dossier comprises:
– Application for amending and supplementing business license according to the form MD-2 promulgated together with this Circular;
– A written explanation about the satisfaction of conditions in exercise of goods trading and directly related activities according to the form MD-6 promulgated together with this Circular;
– Documents proving the financial capability and experiences of investor in exercise of the supplementing content;
– Report on exercise of goods trading and directly related activities which have been granted license according to form BC-3 promulgated together with this Circular;
– Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.
– Business license already granted (original).
b. Within 03 working days, after receiving dossier, the dossier-receiving agencies shall check validity of dossier and send dossier to consult the Ministry of Industry and Trade. If dossier is invalid, the dossier-receiving agency shall notify in writing to investor for amending and supplementing dossier.
Within 15 working days, after receiving acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant business license according to the form GP-1 promulgated together with this Circular, concurrently withdraw the granted business license.
Article 14. Re-grant of business license
1. A dossier comprises:
a. Application for re-grant of business license according to the form MD-3 promulgated together with this Circular.
b. The remaining part of business license original which is able to indentify in case it is torn, burned or destroyed partly; or written confirmation about report on loss of business license of police agency, or written explaination on reason with commitment of enterprise in case it is torn, burned or destroyed entirely.
2. The competent state agencies shall grant new business license with content in proper with content of granted business license.
Article 15. Grant of license to exercise the operational target of goods trading and directly related activities after temporarily stopping or terminating other operational targets
1. If a foreign-invested enterprise temporarily stop or terminate the licensed operational targets and only exercise the operational target of goods trading and directly related activities, the competent state agency shall send dossier to consult the Ministry of Industry and Trade about adjustment of operational target of such enterprise.
2. After having opinion of the Ministry of Industry and Trade, the competent state agency shall consider and adjust investment certificate, business license.
Chapter 3

LICENSE FOR SETTING UP RETAIL ESTABLISHMENTS

Article 16. License for setting up retail establishments
1. If a foreign-invested enterprise wish to set up a retail establishment in addition to the first retail establishment, it must do procedures for license for setting up retail establishment, a dossier comprises:
a. Dossier of verification for grant or adjustment of investment certificate as prescribed by law on investment;
b. Dossier of license for setting up retail establishments, comprising:
– Application for license to set up retail establishment according to the form MD-4 promulgated together with this Circular;
– A written explanation about the satisfaction of conditions as prescribed in clauses 1 and 2 article 7 of this Circular;
– Document of provincial People’s Committee that approves the working result of the Council of checking the economic demand as prescribed in Article 7 of this Circular.
– Report on exercise of goods trading and directly related activities of licensed projects according to form BC-3 promulgated together with this Circular;
– Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.
2. After having acceptance of the Ministry of Industry and Trade, the competent state agency shall grant the license for the setting up of retail establishments according to the form GP-2 promulgated together with this Circular.
Article 17. Amendment and supplementation of License for setting up retail establishments
1. Amending the registered information
a. A dossier comprises:
– Application for amendment and supplementation of license for the setting up of retail establishment according to the form MD-5 promulgated together with this Circular;
– The issued License for setting up retail establishments (original).
b. Within 10 working days, as from fully receiving the valid dossiers as prescribed in point a clause 1 of this Article, the competent state agency shall grant new license for the setting up of retail establishment, concurrently withdraw the issued license for the setting up of retail establishment.
2. Amending the size of retail establishment
a. A dossier comprises:
– Application for amendment and supplementation of license for the setting up of retail establishment according to the form MD-5 promulgated together with this Circular;
– Documents related to the amendment of the size of retail establishment;
– Document of provincial People’s Committee that approves the working result of the Council of checking the economic demand if a enterprise adjust for increasing size of its retail establishment up to the level which the implementation of provision on checking economic demand is required as Article 7 of this Circular.
– Report on exercise of goods trading and directly related activities of licensed projects according to form BC-3 promulgated together with this Circular;
– Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.
– The issued License for setting up retail establishments (original).
b. Within 03 working days, after receiving dossier, the dossier-receiving agencies shall check validity of dossier and send dossier to consult the Ministry of Industry and Trade. If dossier is invalid, the dossier-receiving agency shall notify in writing to investor for amending and supplementing dossier.
Within 15 working days, after receiving dossier, the Ministry of Industry and Trade shall send its written opinion about issues under its management function.
Within 15 working days, after receiving acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant new license for the setting up of retail establishment according to the form GP-2 promulgated together with this Circular, concurrently withdraw the issued license for the setting up of retail establishment.
3. Supplementing the operational contents of retail establishment
a. A dossier comprises:
– Application for amendment and supplementation of license for the setting up of retail establishment according to the form MD-5 promulgated together with this Circular;
– Documents that prove the financial capability and experiences of investor in detailed implementation of the supplementing contents;
– Report on exercise of goods trading and directly related activities which have been granted license according to form BC-3 promulgated together with this Circular;
– Vouchers, which are issued by tax agencies, about exercise of enterprise income tax liability in two adjacent years. If an enterprise has no voucher or is lack of voucher, it may make written explanation in which clearly stated reason thereof.
– The issued License for setting up retail establishments (original).
b. Within 03 working days, after receiving dossier, the dossier-receiving agencies shall check validity of dossier and send dossier to consult the Ministry of Industry and Trade. If dossier is invalid, the dossier-receiving agency shall notify in writing to investor for amending and supplementing dossier.
Within 15 working days, after receiving dossier, the Ministry of Industry and Trade shall send its written opinion about issues under its management function.
Within 15 working days, after receiving acceptance opinion of the Ministry of Industry and Trade, the competent state agencies shall grant new license for the setting up of retail establishment according to the form GP-2 promulgated together with this Circular, concurrently withdraw the issued license for the setting up of retail establishment.
Article 18. Re-grant of License for setting up retail establishments
1. A dossier comprises:
a. Application for re-grant of license for the setting up of retail establishment according to the form MD-3 promulgated together with this Circular;
b. The remaining part of business license original which is able to indentify in case it is torn, burned or destroyed partly; or written confirmation about report on loss of business license of police agency, or written explaination on reason with commitment of enterprise in case it is torn, burned or destroyed entirely.
2. The competent state agencies shall grant new license for setting up retail establishment with content in proper with content of the issued license for setting up retail establishment.
Article 19. The grant of license for the setting up of retail establishment in addtion to the first establishment that has been set up in accordance with law but has not yet been granted license for the setting up of retail establishment as prescribed in the Decree No. 23/2007/ND-CP
1. A dossier comprises:
– Written request for license to set up retail establishment according to the form MD-4 promulgated together with this Circular;
– Report on situations of investment and operation of the retail establishment that requests for license for setting up retail establishment.
2. After having acceptance of the Ministry of Industry and Trade, the competent state agency shall grant the license for the setting up of retail establishments according to the form GP-2 promulgated together with this Circular.
Chapter 4

WITHDRAWAL OF BUSINESS LICENSE, LICENSE FOR SETTING UP RETAIL ESTABLISHMENTS

Article 20. Withdrawal of business license, license for setting up retail establishments
The competent state agencies shall withdraw business licenses, licenses for setting up retail establishments in the following cases:
1. Foreign-invested enterprises engaged in goods trading and directly related activities commit violations of law, which are subject to withdrawal of business licenses or licenses for setting up retail establishments.
2. Investment projects on goods trading and directly related activities terminate operation in accordance with law.
3. Competent state agencies withdraw certificates of investment in acccordance with investment law;
Chapter 5
THE REPORTING REGIME
Article 21. The reporting regime of enterprises
1. Foreign-invested enterprises engaged in goods trading and directly related activities shall implement the periodical and ad hoc reporting regimes in accordance with Vietnamese law; and implement reports as prescribed in clauses 2, 3 and 4 of this article.
2. Report on traders selling goods for export
Yearly, before January 30, foreign-invested enterprises already licensed for implementation of right to export must send report on traders selling goods for export to competent state agencies according to the form BC-1 together with this Circular.
3. Report on traders buying goods for import
Yearly, before January 30, foreign-invested enterprises already licensed for implementation of right to import but not have right to distribution must send report on traders buying goods for import to competent state agencies according to the form BC-2 together with this Circular.
4. Consolidated report
Yearly, before January 30, foreign-invested enterprises already licensed for implementation of goods trading and direct related activities must send consolidated report to competent state agencies according to the form BC-3 together with this Circular.
5. These above reports shall be one of basis for monitoring activities of enterprises.
Article 22. Report of local state management agencies
1. Biannually, before January 15 and July 15 of each year, the competent state agencies shall summarize, report to the Ministry of Industry and Trade about situation of grant, re-grant, amendment, supplementation and withdrawal of issued licenses for investment projects engaged in goods trading and direct related activities; concurrently state the recommendations, proposals according to the Form BC-4 together with this Circular.
2. Annually, before February 28, the competent state agencies shall summarize, report to the Ministry of Industry and Trade about the operational situation of foreign-invested enterprises engaged in goods trading and direct related activities; concurrently state the recommendations, proposals according to the Form BC-5 together with this Circular.
Chapter 5

ORGANIZATION FOR IMPLEMENTATION

Article 23. Responsibility for implementation
1. The provincial Departments of Planning and Investment, the management board of economic zones, industrial parks, processing and exporting zones, the Services of Industry and Trade of central-affiliated cities and provinces shall assist People’s Committees in implementation of the state management functions for goods trading and direct related activities of foreign-invested enterprises in Vietnam as prescribed in the Decree No. 23/2007/ND-CP and guidance in this Circular.
2. In the course of implementation, any arising problems should be reported to the Ministry of Industry and Trade for timely handling.
Article 24. Effectiveness of implementation
1. This Circular takes effect on June 07, 2013, this Circular applies to all cases that have not yet been licensed or have not yet been amended and supplemented, re-granted counted to the effective day of this Circular.
2. This Circular replaces the Circular No. 09/2007/TT-BTM of July 17, 2007, of the Ministry of Trade (now as the Ministry of Industry and Trade) guiding implementation of the Government’s Decree No. 23/2007/ND-CP of February 12, 2007, detailing the Commercial Law regarding goods trading and directly related activities of foreign-invested enterprises in Vietnam and the Circular No. 05/2008/TT-BCT of April 14, 2008 of the Ministry of Industry and Trade, amending and supplementing the Circular No. 09/2007/TT-BTM of July 17, 2007, of the Ministry of Trade.

FOR THE MINISTER OF INDUSTRY AND TRADE
DEPUTY MINISTER
Ho Thi Kim Thoa

The post Circular No. 08/2013/TT-BCT of April 22, 2013, detailing the goods trading and directly related activities of foreign-invested enterprises in Vietnam appeared first on MP Law Firm.

Decree No. 120/2011/ND-CP of December 16, 2011

mplawadmin — Fri, 16 Dec 2011 05:51:22 +0000

THE GOVERNMENT ——-	THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness —————
No. 120/2011/ND-CP	Hanoi, December 16, 2011

DECREE

AMENDING AND SUPPLEMENTING ADMINISTRATIVE PROCEDURES PROVIDED IN A NUMBER OF DECREES DETAILING THE COMMERCIAL LAW

THE GOVERNMENT

Pursuant to the December 25, 2011 Law on Organization of the Government;
At the proposal of the Minister of Industry and Trade,

DECREES:

Article 1. To add the following Clause 14 to Article 3 of the Government’s Decree No.158/2006/ND-CP of December 28, 2006, detailing the Commercial Law regarding goods purchase and sale through goods exchanges:
“14. Copies are:
a/ Certified copies (for dossiers sent by post or through the official correspondence channel);
b/ Photocopies enclosed with the originals for comparison (for directly submitted dossiers);
c/ Copies scanned from the originals (if administrative procedures allow dossiers to be submitted electronically).”
Article 2. To amend and supplement a number of articles of the Government’s Decree No.72/2006/ND-CP of July 25, 2006, detailing the implementation of the Commercial Law regarding Vietnam-based representative offices and branches of foreign traders
1. To add the following Article 3a below Article 3
“Article 3a. Interpretation of terms
Copies of documents in dossiers of application for grant or re-grant of representative office or branch establishment licenses means:
a/ Certified copies (for dossiers sent by post or through the official correspondence channel);
b/ Photocopies enclosed with the originals for comparison (for directly submitted dossiers);
c/ Copies scanned from the originals (if administrative procedures allow dossiers to be submitted electronically).”
2. To amend Point b, Clause 1; Point c, Clause 2; and Clause 3 of Article 5 as follows:
a/ The phrase “Copy of the foreign trader’s business registration certificate
or a paper of equivalent value certified by a competent authority of the locality where the foreign trader has been established or made its business registration” is replaced with the phrase “Copy of the foreign trader’s business registration certificate or a paper of equivalent value which is consulary legalized under Vietnamese law”;
b/ To amend the phrase “Documents specified at Points b and c, Clause 1; Points b, c and d, Clause 2 of this Article” into “Documents specified at Point c, Clause 1; Points b and d, Clause 2 of this Article”.
3. To add the following provisions on to-be-submitted dossiers to Articles 5, 10, 12 and 14:
“The number of dossier sets to be submitted is one (01) set.”
Article 3. To amend and supplement a number of articles of the Government’s Decree No.35/2006/ND-CP of March 31, 2006, detailing the Commercial Law on commercial franchising
1. To amend Clause 4, Article 4 as follows:
“4. Provincial-level People’s Committees shall:
a/ Perform the state management of domestic commercial franchising in their localities;
b/ Direct provincial-level Industry and Trade Departments in periodically reporting to the Ministry of Industry and Trade on commercial franchising in their respective localities.”
2. To add the following Article 17a below Article 17:
“Article 17a. Cases in which registration of commercial franchising is not required
1. In the following cases, registration of commercial franchising is not required
a/ Domestic commercial franchising;
b/ Vietnam-to-overseas commercial franchising.
2. Cases in which registration of commercial franchising is not required must be reported to provincial-level Industry and Trade Departments.”
3. To annul Point b, Clause 1, and Clause 2, Article 18
4. To amend Clause 4, Article 19 as follows:
“4. Documents specified in Clauses 2 and 3 of this Article must be consularly legalized under Vietnamese law.”
Article 4. To annul a number of articles and clauses of the Government’s Decree No.20/2006/ND-CP of February 20, 2006, detailing the Commercial Law regarding the provision of commercial assessment services
1. To annul Points b and d, Clause 1, Article 4; Clauses 2, 3 and 4, Article
8; Article 9; Articles 10, 11 and 12; Point d, Clause 1, Article 19; and Article 22 of Decree No. 20/2006/ND-CP.
2. To amend Clause 3, Article 4 as follows:
“3. Provincial-level People’s Committees of localities in which traders have made their business registration shall, within their powers, perform the state management of commercial assessment services.”
Article 5. Effect
This Decree takes effect on February 1, 2012.
Article 6. Organization of implementation
Ministers, heads of ministerial-level agencies, heads of government- attached agencies, chairpersons of provincial-level People’s Committees and related organizations and individuals shall implement this Decree.-

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung

The post Decree No. 120/2011/ND-CP of December 16, 2011 appeared first on MP Law Firm.

Decree No. 119/2011/ND-CP of December 16, 2011

mplawadmin — Fri, 16 Dec 2011 05:50:19 +0000

THE GOVERNMENT ——-	THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness —————
No. 119/2011/ND-CP	Hanoi, December 16, 2011

DECREE

AMENDING AND SUPPLEMENTING ADMINISTRATIVE PROCEDURES PROVIDED IN THE GOVERNMENT’S DECREE NO.116/2005/ND-CP OF SEPTEMBER 15, 2005, DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON COMPETITION

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the December 3, 2004 Law on Competition; At the proposal of the Minister of Industry and Trade; DECREES:
Article 1. To amend and supplement a number of articles of the Government’s Decree No.116/2005/ND-CP of November 15, 2005, detailing the implementation of a number of articles of the Law on Competition
1. To amend and supplement Article 38 as follows:
“Article 38. Notification and replies to notification of economic concentration”
1. Dossiers for notification of economic concentration of enterprises joining the economic concentration shall be submitted directly or electronically in the form of copies (copies scanned from the originals or text files) bearing lawful e-signatures of lawful representatives of the enterprises.
2. Replies to economic concentration notifications shall be issued in writing.
3. The competition-managing agency’s written replies to economic concentration notifications must be addressed to the following subjects:
a/ The business registration agency and other agencies competent to permit merger, consolidation, acquisition or joint venture under law;
b/ Lawful representatives of the parties to economic concentration;
c/ Parties to economic concentration.”
2. To amend Clause 1, Article 40 as follows:
“1. Explanatory reports on the satisfaction of conditions for exemption must be made by enterprises themselves and these enterprises shall be responsible for contents of their reports.”
3. To add the following Clauses 3 and 4 to Article 40:
“3. Explanatory reports of the parties intended to enter into agreements on competition restraint or economic concentration shall be submitted directly or electronically in the form of copies (copies scanned from the originals or text files) bearing lawful e-signatures of lawful representatives of the enterprises.
4. In the course of evaluation of explanatory reports on the satisfaction of conditions for exemption, competition-managing agencies may consult science and technology institutions and research and development institutions.”
4. To amend Point i, Clause 1, Article 45 as follows:
“i) Signature or fingerprint of the complainant, for individual complainants; signature and seal of the lawful representative of the complainant, for institutional complainants (applicable to dossiers not submitted electronically)
5. To add the following Clause 3 to Article 45:
“3. Complainants may submit complaint dossiers directly or electronically
in the form of copies (copies scanned from the originals or text files)
bearing lawful e-signatures of lawful representatives of the enterprises. The complainants are responsible for contents of the dossiers.”
Article 2. Effect
This Decree takes effect on February 1, 2012.
Article 3. Implementation responsibility
1. The Minister of Industry and Trade shall organize the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies, heads of government- attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decree.-

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung

The post Decree No. 119/2011/ND-CP of December 16, 2011 appeared first on MP Law Firm.

Decree No. 68/2009/ND-CP of August 06, 2009

mplawadmin — Thu, 06 Aug 2009 05:52:15 +0000

THE GOVERNMENT ——-	SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness ———
No. 68/2009/ND-CP	Hanoi, August 06, 2009

DECREE

AMENDING AND SUPPLEMENTING CLAUSE 7, ARTICLE 4 OF THE GOVERNMENT’S DECREE NO. 37/2006/ND-CP OF APRIL 4, 2006, DETAILING THE COMMERCIAL LAW REGARDING TRADE PROMOTION ACTIVITIES

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Commercial Law;
At the proposal of the Minister of Industry and Trade,

DECREES:

Article 1. To amend and supplement Clause 7, Article 4 of the Government’s Decree No. 37/2006/ND-CP of April 4, 2006, detailing the Commercial Law regarding trade promotion activities, as follows:
“7. Curative medicines for human use, including those already permitted for circulation, must not be used for sales promotion, except sales promotion for medicine traders.”
Article 2. Effect
This Decree takes effect on October 1, 2009.
Article 3. Implementation responsibility
Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairmen of provincial-level People’s Committees, and concerned organizations and individuals shall implement this Decree.-

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung

The post Decree No. 68/2009/ND-CP of August 06, 2009 appeared first on MP Law Firm.

Decree No. 43/2009/ND-CP of May 7, 2009

mplawadmin — Thu, 07 May 2009 05:53:10 +0000

THE GOVERNMENT ——-	SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness ———
No. 43/2009/ND-CP	Hanoi , May 7^th, 2009

DECREE

AMENDING AND SUPPLEMENTING THE LIST OF GOODS AND SERVICES BANNED FROM BUSINESS OF THE DECREE NO.59/2006/ND-CP DATED JUNE 12, 2006, GUIDING THE IMPLEMENTATION OF THE COMMERCIAL LAW ON GOODS AND SERVICES BANNED FROM BUSINESS, SUBJECT TO RESTRICTIONS BUSINESS AND CONDITIONAL BUSINESS

GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Commercial Law dated June 14^th, 2005;
At the proposal of the Minister of Industry and Commerce,

DECREES

Article 1. Amending and supplementing the list of goods and services banned from business of the Decree No.59/2006/ND-CP dated June 12, 2006 guiding the implementation of the Commercial Law on goods and services banned from business, subject to restrictions business and conditional business:
To supplement number 19 (smuggled cigars, cigarettes and other processed tobacco products to the list of goods and services banned) to the Section A of Annex I in the list of goods and services banned from business (promulgated together with the Decree No.59/2006/ND-CP June 12, 2006 of Government), as follows:

Ordinal Number	Names of goods or services	Current legal documents	Branch –managing agencies
A	Goods
….	……………	…………	…………….
19	(smuggled cigars, cigarettes and other processed tobacco products)	This Decree	The Ministry of Industry and Commerce

Article 2. Implementation effect
This Decree takes effect from July 8, 2009.
The Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, presidents of provincial/municipal People’s Committees shall be responsible for implementation of this Decree.

ON BEHALF OF GOVERNMENT
THE PRIME MINISTER
Nguyen Tan Dung

The post Decree No. 43/2009/ND-CP of May 7, 2009 appeared first on MP Law Firm.

Decree of Government No. 140/2007/ND-CP of providing detailed regulations on the commercial Law regarding conditions for engaging in logistic services business, and limitations on liability of logistic services business entities

mplawadmin — Wed, 05 Sep 2007 05:54:20 +0000

THE GOVERNMENT ——-	SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom – Happiness ———-
No. 140/2007/ND-CP	Hanoi, September 05, 2007

DECREE

PROVIDING DETAILED REGULATIONS ON THE COMMERCIAL LAW REGARDING CONDITIONS FOR ENGAGING IN LOGISTIC SERVICES BUSINESS, AND LIMITATIONS ON LIABILITY OF LOGISTIC SERVICES BUSINESS ENTITIES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated 25 December 2001;
Pursuant to the Commercial Law dated 14 June 2005;
Having considered the proposal of the Minister of Industry and Trade;

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1 Governing scope
This Decree provides detailed regulations for implementation of the Commercial Law with regard to conditions for engaging in logistic services business and the limitations on liability of business entities engaging in logistic services business.
Article 2 Applicable entities
This Decree applies to business entities engaging in logistic services business and to other organizations and individuals with activities related to logistic services.
Article 3 Interpretation of terms
In this Decree, the following terms shall be construed as follows:
1. Logistic services means the commercial activities stipulated in article 233 of the Commercial Law.
2. Business entity engaging in logistic services business means a business entity who organizes the performance of logistic services for clients by itself conducting such services or by hiring another business entity to conduct one or a number of stages of such services.
3. Foreign business entity engaging in logistic services business means a business entity from any country or territory with which Vietnam has an undertaking in an international treaty regarding opening of the logistic services business market.
4. Limitation on liability means the maximum level at which a business entity engaging in logistic services business is liable to pay compensation to a client for loss and damage arising during the process of organization of the performance of logistic services in accordance with the provisions in this Decree.
Article 4 Classification of logistic services
Logistic services as stipulated in article 233 of the Commercial Law shall be classified as follows:
1. Principal logistic services, comprising:
(a) Services of arranging pickup and loading of goods, including loading goods into containers;
(b) Goods warehousing and storage services, including the business of warehousing in containers and storage for processing raw materials and equipment;
(c) Transportation agency services, including agency activities of conducting customs procedures and preparing plans for unloading goods1;
(d) Other subsidiary services including activities of receiving, archiving and managing information about transportation and storage of goods throughout the entire logistic process; activities being reprocessing of goods returned by clients, reprocessing of goods in storage and of outof-date goods and redistribution of such goods; and activities being leasing out and hire purchase of containers.
2. Logistic services relating to transportation, comprising:
(a) Sea carriage services;
(b) Internal waterways carriage services;
(c) Aviation carriage services;
(d) Rail carriage services;
(dd) Road carriage services;
(e) Pipeline conduit services.
3. Other related logistic services, comprising:
(a) Services being technical checks and analysis;
(b) Post services;
(c) Wholesale commercial services;
(d) Retail commercial services, including activities of managing goods in storage; collecting goods from various sources, assembling and classifying the goods, and redistributing and delivering them;
(e) Other subsidiary transportation services.
Chapter II

CONDITIONS FOR ENGAGING IN LOGISTIC SERVICES BUSINESS AND LIMITATIONS ON LIABILITY OF BUSINESS ENTITIES ENGAGING IN LOGISTIC SERVICES BUSINESS

Article 5 Conditions for engaging in logistic services business applicable to principal logistic services Business entities engaging in the principal logistic services stipulated in article 4.1 of this Decree must satisfy all the following conditions:
1. The enterprise must have lawful business registration in accordance with the law of Vietnam.
2. There must be adequate facilities, equipment and working facilities which ensure technical [standards] and safety criteria, and there must be a team of staff who satisfy the requirements.
3. Foreign business entities, in addition to satisfying the conditions stipulated in clause 2 of this article, shall only be permitted to engage in logistic services business when they also satisfy the following specific conditions:
(a) In the case of business in unloading goods, a foreign business entity shall only be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 50%;
(b) In the case of business in warehousing services, the foreign business entity shall be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 51%; this restriction shall terminate in year 2014;
(c) In the case of business in transportation agency services, the foreign entity shall be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 51%, and as from year 2014 the establishment of a joint venture company shall not be restricted in terms of the capital contribution ratio of the foreign investor;
(d) In the case of business in other subsidiary services, the foreign business entity shall be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 49%; this restriction shall be 51% as from year 2010 and [this restriction] shall terminate in year 2014.
Article 6 Business conditions applicable to entities engaging in logistic services relating to transportation
Any business entity engaging in logistic services relating to transportation as stipulated in article 4.2 of this Decree must satisfy the following conditions:
1. The enterprise must have lawful business registration in accordance with the law of Vietnam.
2. Compliance with the conditions applicable to transportation business as stipulated by the law of Vietnam.
3. Foreign business entities engaging in logistic services business, in addition to satisfying the conditions stipulated in clause 2 of this article, shall only be permitted to engage in logistic services business when they also satisfy the following specific conditions:
(a) In the case of business in maritime transportation services, a foreign business entity shall only be permitted to establish a fleet operating joint venture company as from year 2009 in which the capital contribution ratio of the foreign investor does not exceed 49%; and shall be permitted to establish an international sea transportation services joint venture in which the capital contribution ratio of the foreign investor does not exceed 51%, and this restriction shall terminate in year 2012;
(b) In the case of business in internal waterway transportation services, a foreign business entity shall only be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 49%;
(c) Aviation transport business services shall be implemented in accordance with the Law on Civil Aviation of Vietnam;
(d) In the case of rail transportation business services, a foreign business entity shall only be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor may not exceed 49%;
(dd) In the case of business in road transportation services, a foreign business entity shall be permitted to establish a joint venture company in which the capital contribution ratio of the foreign investor does not exceed 49%; and this restriction shall be 51% as from year 2010;
(e) It shall not be permitted to provide pipeline conduit services, except where an international treaty of which the Socialist Republic of Vietnam is a member contains some other provision.
Article 7 Business conditions applicable to entities engaging in other relevant logistic services
Any business entity engaging in the other logistic services stipulated in article 4.3 of this Decree must satisfy all the following conditions:
1. The enterprise must have lawful business registration in accordance with the law of Vietnam.
2. Foreign business entities engaging in logistic services business shall only be permitted to conduct business in [other] logistic services when they satisfy the following specific conditions:
(a) In the case of business in services of technical checks and analysis:
In the case of services provided in order to exercise authority of the Government, they may only be provided in the form of a joint venture after three years or in other forms after five years, as from the date on which the private enterprise is permitted to conduct business in such services.
It shall not be permitted to conduct business in services of acceptance testing of, and issuance of certificates for transportation facilities.
The provision of services of technical checks and analysis shall be restricted [not permitted] in geographical locations as determined by the competent body for reasons of national defence and security.
(b) Business in services being posts, wholesale commercial services and retail commercial services shall be subject to discrete regulations of the Government.
(c) It shall not be permitted to provide other subsidiary transportation services, unless an international treaty of which the Socialist Republic of Vietnam is a member contains some other provision.
Article 8 Limitations on liability
1. The limitations on the liability of any business entity engaging in logistic services business relating to transportation shall be as stipulated by the relevant law on limitations on liability in the transportation sector.
2. The limitation on liability of any business entity engaging in logistic services business not within the scope of clause 1 of this article shall be as agreed by the parties. If the parties do not have any agreement, then the issue shall be regulated as follows:
(a) In a case where a client does not provide prior notice about the value of the goods, then the maximum liability shall be 500 (five hundred) million dong applicable to each claim for compensation;
(b) In a case where a client provided prior notice of the value of the goods and this was verified by the business entity engaging in the logistic services business, then the limitation on liability shall be the entire value of such goods.
3. In a case where a business entity organizes a number of work stages which stipulate different limitations on liability, then the limitation on liability of a work stage shall be the highest limitation of any one work stage.
Chapter III

STATE ADMINISTRATION OF LOGISTIC SERVICES BUSINESS ACTIVITIES

Article 9 State administration
1. The Ministry of Industry and Trade shall be responsible before the Government for the exercise of State administration of logistic services business activities.
2. The Ministry of Transport, the Ministry of Industry and Trade, and the Ministry of Information and Communication shall, within the scope of their respective duties and powers, be responsible to check and supervise logistic services business activities, including checking and supervising compliance with business conditions and compliance by business entities concerned with the law on logistic services business in the sectors in which administration is delegated to such ministries.
3. The Ministry of Planning and Investment shall be responsible to guide business registration for logistic services in accordance with current regulations.
4. Other ministries, ministerial equivalent bodies and Government bodies shall be responsible to coordinate with the ministries stipulated in clauses 1, 2 and 3 above during the work of State administration of logistic services business activities.
Article 10 Dealing with breaches
Any business entity engaging in logistic services business activities, or any other organization or individual concerned who breaches the provisions of this Decree shall, depending on the nature and seriousness of the breach, be subject to a disciplinary penalty or an administrative penalty or shall be subject to criminal prosecution; and if the offender causes loss and damage, then the offender must pay compensation in accordance with law.
Chapter IV

IMPLEMENTING PROVISIONS

Article 11 Transitional provision
Any business entity engaging in logistic services business which received permission from the competent State body to provide such services before the effective date of this Decree shall be permitted to continue such business and shall not be required to re-register.
Article 12 Effectiveness
1. This Decree shall be of full force and effect fifteen (15) days from the date of its publication in the Official Gazette.
2. Ministers, heads of ministerial equivalent bodies and Government bodies and chairmen of people’s committees of provinces and cities under central authority shall be responsible for the implementation of this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung

The post Decree of Government No. 140/2007/ND-CP of providing detailed regulations on the commercial Law regarding conditions for engaging in logistic services business, and limitations on liability of logistic services business entities appeared first on MP Law Firm.

Joint circular No. 07/2007/TTLT-BTM-BTC of July 06, 2007

mplawadmin — Fri, 06 Jul 2007 05:55:41 +0000

MINISTRIES OF COMMERCE – FINANCE ——–	THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness —————-
No.: 07/2007/TTLT-BTM-BTC	Hanoi, July 06, 2007

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES ON SALES PROMOTION AND FAIRS, EXHIBITIONS PROVIDED FOR IN DECREE NO.37/2006/ND-CP DATED APRIL 04, 2006 OF THE GOVERNMENT DETAILING THE COMMERCIAL LAW ON ACTIVITIES OF TRADE PROMOTION

Pursuant to Decree No.29/2004/ND-CP dated January 16, 2004 of the Government regulating functions, tasks, powers and organizational structure of the Ministry of Commerce;
Pursuant to Decree No.77/2003/ND-CP dated July 01, 2003 of the Government regulating functions, tasks, powers and organizational structure of the Ministry of Finance;
Pursuant to Decree No.37/2006/ND-CP dated April 04, 2006 of the government detailing the Commercial Law on activities of trade promotion (hereinafter referred to as Decree No.37/2006/ND-CP);
Ministries Of Commerce – Finance guide the implementation of a number of Articles on activities of sales promotion and fairs, exhibitions provided for in Decree No.37/2006/ND-CP as follows:
I. STATE MANAGEMENT AGENCIES ON TRADE FOR THE ACTIVITIES OF PROMOTION AND FAIRS AND TRADE EXHIBITIONS
1. State management agencies on trade that are competent for the activities of promotion and fairs, trade exhibitions (hereinafter referred to as the state management agencies), include:
a) Ministry of Commerce shall be responsible for handling the registration for sales promotion, registration for organizing fairs and trade exhibitions under its jurisdiction according to provisions of the Commercial Law, Decree No.37/2006/ND-CP and guidance in this Circular;
b) Department of Commerce shall be responsible for handling the notification and registration for sales promotion, registration for organizing fairs and trade exhibitions under its jurisdiction according to provisions of the Commercial Law, Decree No.37/2006/ND-CP and guidance in this Circular.
2. Responsibilities of the state management agencies
a) To publicize the conditions, time, order and procedures of notification and registration for sales promotion, registration for organizing fairs and trade exhibitions;
b) To receive and settle the notification and registration for sales promotion, organizing fairs, and trade exhibitions under its jurisdiction according to provisions of the Commercial Law, Decree No.37/2006/ND-CP and guidance in this Circular;
c) To inspect and monitor the activities of sales promotion, fairs and trade exhibitions under its jurisdiction according to provisions;
d) Other responsibilities as prescribed by law.
II. SALES PROMOTIONS
1. The forms of sales promotion required to notify in writing to the Department of Commerce where the sales promotion is organized include:
a) Giving samples of goods or providing services as samples to customers for trying to use without making payment;
b) Giving goods or providing services to customers free of charge with or without the purchase and sale of goods or services provision;
c) Selling goods or providing services at prices lower than the previous sales price, service provision;
d) Selling goods or providing services together with coupons of goods purchase, service use;
đ) Selling goods or providing services together with slips participating in contest for customers to select the prize winners according to the rules and prizes already announced;
e) Organizing the programs of frequent customers;
g) Organizing for customers to participate in the programs of culture, arts, entertainment, and other events for promotional purposes.
2. Notice of sales promotion
No later than 07 (seven) working days before the sales promotion, traders conducting the forms of sale promotion referred to in clause 1 of this Section shall send written notices (according to Form KM-1 in the Appendix attached to this Circular) to the Department of Commerce where the sale promotions are made. Upon receiving the notification dossiers on the sales promotion, the Department of Commerce records the receipts of dossiers. Receipts of dossiers are made into 02 copies (according to Form KM-4 in the Appendix attached to this Circular), 01 copy is given to trader, 01 copy is archived in the Department of Commerce (not applicable to case that dossier is sent by mail);
3. The forms of sales promotion must be registered with the Department of Commerce (if they are implemented in an area of province or city under central authority), Ministry of Commerce (if they are implemented in the area of from two provinces and cities directly under the Central or more), including:
a) Selling goods or providing services together with the participation in the promotion program of chance;
b) The other forms of promotion as prescribed in Article 17 of Decree No.37/2006/ND-CP.
4. A dossier of registration for sales promotion includes:
a) A written registration for sales promotion (Form K-M2 in Appendix attached to this Circular);
b) Rule of promotion program (Form K-M3 in the Appendix attached to this Circular);
c) Form of lottery ticket for the promotion program with issuance of lottery tickets;
d) Images of promotional goods and goods used for sales promotion;
đ) Form of evidence determining the winning (if any);
e) A copy of the certificate of quality of goods and services promoted and goods and services used for sales promotion in accordance with the law provisions (if any).
In addition to the documents mentioned in points a, b, c, d, đ and e of this clause, trader does not need to present any other additional documents.
5. Receipt of registration dossiers for sales promotion
a) Upon receipt of registration dossiers for sales promotion, the state management agencies record receipt of dossiers. Receipt of dossiers is made in 02 copies (according to Form KM-4 in the Appendix attached to this Circular), 01 copy is given to trader, 01 copy is archived in the state management agency (not applicable to case that dossier is sent by mail);
b) Within 03 (three) working days after receiving the dossier, for the dossier which is incomplete or invalid, the state management agency notifies in writing (according to Form KM-5 in the Appendix attached to this Circular) to trader for complementing and completing dossier. The time limit for handling dossier is taken into account from the time that the State management agency receives full and valid dossier;
c) Traders registering sales promotion may request the State management agencies to explain the requirements of complementing and completing dossier. State management agencies are responsible for replying to the request of traders.
6. Certification, non-certification of the registration for sales promotion
a) Within 07 (seven) working days after receipt of full and valid registration dossier of sales promotion, the state management agency shall consider and certify or not certify in writing (according to Form KM-6 or KM-7 in Appendix attached to this Circular), in case of non-certification, it must state clearly the reason;
b) Where the Ministry of Commerce is the agency certifying the registration for sales promotion, no later than 07 (seven) working days before the promotion, trader shall send written notification to the Department of Commerce where the promotion is implemented together with written certification of the Ministry of Commerce.
7. Amendment and supplementation of the contents of promotion
a). Traders who wish to amend and supplement the contents of the promotional program, they must send written notice or register for amendment and supplementation of the contents of promotional program (according to the Form KM-8 in Appendix attached to this Circular) to state management agency where the notice or registration for sales promotion is implemented;
b). The order and procedures of registration for amendments and supplementation of the contents of promotional program of form required to notify comply with the instructions in clause 2, Section II of this Circular. The order and procedures of registration for amendments and supplementation of the contents of promotional program of form required to register comply with the instructions in clause 5 and 6 of Section II of this Circular;
c). The amendment and supplementation of the contents of promotional program must be ensured compliance with regulations on sales promotion in the Commercial Law and Decree No.37/2006/ND-CP.
8. For the form of promotion with chance nature, when putting evidence to determine the winning into the goods or opening prize promotions with prizes worth 100 million dong or more, the traders must inform the Department of Commerce where the above activities are carried on before 07 (seven) working days for inspection and supervision of the implementation.
9. Termination of promotional programs
In case of termination of the implementation of promotional programs specified in clause 1 of Article 19 of Decree No.37/2006/ND-CP the traders are obliged to publicize to their customers and the state management agencies.
10. Suspension of the implementation of promotional programs
State management agencies suspend the implementation of the whole or part of the promotional program of trader if it is detected committing violation of provisions in Article 20 of Decree No.37/2006/ND-CP (according to Form KM-9 in Appendix attached to this Circular).
11. Handling of the prize without winners of the promotional program with chance nature
a) Within 8 (eight) working days after expiration of award, the trader is responsible for reporting in detail to the State management agency on the prize without winners (according to the Form KM -10 in the Appendix attached to this Circular);
b) Within 7 (seven) working days from receipt of trader’s report, the State management agency inspects, certifies and makes the decision to collect 50% of the value of the award announced without the winners of the promotional program (according to the Form KM-11 in the Appendix together with this Circular);
c) Within 15 (fifteen) working days after receiving the decision to collect of the state management agency, trader shall pay the amount 50% of the value of the award announced without the winners of the promotional program into account of the state management agency that have confirmed registration for sales promotion at the State Treasury;
d) Based on decisions of collection, State Treasury accounts, regulates the revenue as assigned, including the revenue paid by the decision of the Ministry of Trade, shall be the regulated 100% into the central budget, the revenue paid by the decision of the Department of Commerce, shall be the regulated 100% into the local budget and accounted into Chapter 160, type 10, clause 10, Section 062, Sub-section 99 of the State Budget Index;
đ) Accounting and settlement inspection
Trader accounts the paid amount 50% of the value of the award announced without the winners of the promotional program into the price cost of the enterprise. Ending the budget year, the State Treasury informs the agency made decision on the proceeds into the Treasury and regulated the remittance into budget. On that basis, the state management agency of trade synthesizes and settles with the financial management agency at the same level of the amount according to the decision to collect and the proceeds to the state budget.
12. Report of the results of sales promotion implementation
a) Ending the promotional programs, traders must report the results of sales promotion at locality to the state management agencies (according to Form KM-12 in Appendix issued together with this Circular);
b) Where the Ministry of Commerce is the agency certifying the registration for sales promotion, apart from having to report the results of sales promotion implementation at locality to the Ministry of Commerce, traders are responsible for reporting to the local Department of Trade the results of sales promotion implementation in the localities where traders conduct sale promotion.
III. FAIRS AND TRADE EXHIBITIONS
1. Registration for organizing fairs and trade exhibitions
a) The organization of fairs and trade exhibitions in Vietnam or organization to participate in the fairs, trade exhibitions in foreign countries (hereinafter referred to as organizations of fairs and trade exhibitions) must be registered with the state management agencies before October 01 of the year preceding the year of the organization.
b) In case of registration after the deadline under the guidance at point a of this clause, traders, organizations operating related to trade must register before the opening date of fairs, trade exhibitions at least 30 (three twenty) days for fairs and trade exhibitions in Vietnam or the 45 (forty five) days for fairs and trade exhibitions in foreign countries.
2. Dossiers of registration for organization of fairs, trade exhibitions
Dossier of registration for organization of fair, trade exhibition shall comply with the provisions of Article 38 of Decree No.37/2006/ND-CP of which has a written registration for organization of fair, trade exhibition (according to Form HCTL-1 in Appendix attached to this Circular).
3. Receipt of registration dossiers for organization of fairs and trade exhibitions
a) Within 03 (three) working days after receipt of dossier, for the dossier which is incomplete or invalid, the state management agency notifies in writing (form HCTL-2, Appendix attached herewith) trader, organization organizing related to trade for supplementing and completing dossier;
b) Traders and organizations operating related to trade may request the State management agency to explain clearly the contents required to supplement and complete dossier. State management agency is responsible for replying to the request of traders and organizations operating related to trade.
4. Certification, non-certification of the registration for organizing fairs, trade exhibitions
a) Where the registration for organizing fairs, trade exhibitions as guided in point a, clause 1 of this Section, upon receiving complete and valid dossier of registration for organizing fairs, trade exhibitions, the State management agency is responsible for reviewing, certifying or not certifying in writing (according to the Form HCTL-3 or HCTL-4 in the Appendix attached to this Circular) before November 11 of the year preceding the year of the organization, in case of not certifying, it must state clearly the reason;
b) Where the registration for organizing fairs, trade exhibitions as guided in point b, clause 1 of this Section, within 10 (ten) working days after receiving complete and valid dossier of registration, the State management agency shall consider and verify or not verify in writing (according to the Form HCTL-3, HCTL-4 above).
5. Where there are two traders, organizations operating related to trade or more registering for the organization of fairs, trade exhibitions that are the same name, subject, time, and location:
a) Where the registration under the guidance in point a, clause 1 of this Section, the State management agency holds the negotiation to select trader, organization operating related to trade to be held such fair, trade exhibition. Where the negotiation is not reached result, the state management agency shall make certification decision for 01 (a) trader or organization operating related to trade to be held based on grounds specified in clause 4 of Article 34 and clause 4 of Article 36 of Decree No.37/2006/ND-CP;
b) Where the registration under the guidance at point b, clause 1 of this Section, the state management agency shall make certification decision for trader or organization operating related to trade that registered in advance.
6. Change or supplementation of contents of the registration for organizing fairs and trade exhibitions
a). Traders and organizations operating related to trade may change, or supplement contents of the registration for organizing fairs and trade exhibitions which have been certified. Written requests for change, supplementation of contents of the registration for organizing fairs and trade exhibitions (according to the form HCTL-5 in the Appendix attached to this Circular) must be sent to the State management agency before the opening date of the fairs, trade exhibitions at least 30 (thirty) days for fairs and trade exhibitions in Vietnam or the 45 (forty five) days for fairs and exhibitions in foreign countries;
b). The order and procedures for the change or supplementation of contents of the registration for organizing fairs and trade exhibitions comply with the guidance in clause 3, clause 4 of this Section.
c). Within 10 (ten) working days after receiving complete and valid dossier of registration, state management agency shall consider and certify or not certify in writing (according to the Form HCTL-3 or HCTL-4 in the Appendix attached to this Circular), in case of not certifying, it must state clearly the reason.
8. Report of the results of organizing fairs, trade exhibitions
Within 30 (thirty) days after the end of the fair, trade exhibition, trader, organization operating related to trade must send a written report of the organization result to the State management agency (according to the Form HCTL-6 in the Appendix attached to this Circular).
9. Showing of counterfeit goods and goods infringing intellectual property rights to compare with the genuine one
a) Before organizations and individuals display the counterfeit goods, goods infringing intellectual property rights for comparison with genuine goods at fairs and trade exhibitions, they must submit written registration (according to the Form HCTL-7 in Appendix attached to this Circular) to the Department of Commerce (in the case of participating in fairs, trade exhibitions in Vietnam) or the Ministry of Commerce (in the case of participating in fairs, trade exhibitions in the foreign countries);
b) Within 03 (three) working days after receipt of dossier, for the dossier which is incomplete or invalid, the state management agency shall notify in writing (according to the Form HCTL-8 in Appendix attached to this Circular) to organization, individual for supplementing the documents;
c) Within 07 (seven) working days after receiving complete and valid dossier, the state management agency must approve or disapprove the registration (according to the Form HCTL-9 or HCTL-10 in Appendix attached to this Circular), in case of not certifying, it must state clearly the reason;
10. Temporary import for re-export, temporary export for re-import of goods for participation in fairs and trade exhibitions
The temporary import for re-export, temporary export for re-import of goods for participation in fairs and trade exhibitions shall comply with the provisions of the Commercial Law, Decree No.12/2006/ND-CP of January 23, 2006 of the Government detailing the implementation of the Commercial Law regarding to international buying and selling activities of goods and activities ofagent, purchasing, processing and transiting goods with foreign countries and Circular No.04/2006/TT-BTM dated April 06, 2006 guiding a number of contents provided for in Decree No.12/2006/ND-CP and other provisions of concerned law.
IV. IMPLEMENTATION
1. Ministry of Commerce:
a) Department of Trade Promotion receives and processes the registration for sales promotion, registration for organizing fairs and trade exhibitions under the jurisdiction of the Ministry of Commerce and coordinate with functional agency to inspect and monitor the implementation of the provisions of the law of traders, organize the activities related to trade;
b) Department of Market Management shall coordinate with the Trade Promotion Department and related agencies to inspect and supervise the implementation of the traders, organize the activities related to trade and administrative sanctions as prescribed by law for the violations of the law of traders, organizations operating related to trade.
2. Department of Trade receives and settles the notification and registration for sales promotion, registration for organizing fairs and trade exhibitions under the jurisdiction according to provisions of law and inspects, supervises, and handles violations in activities of sales promotion and fairs, trade exhibitions. Department of Commerce shall report on activities of sales promotion and fairs, trade exhibitions in the area as required by the Department of Trade Promotion.
3. This Circular takes effect 15 days after its publication in the Official Gazette. During the implementation, if any difficulties, problems arise, concerned organizations and individuals promptly report to the Ministry of Commerce, the Ministry of Finance for study, amendment and supplement./.

FOR MINISTER OF COMMERCE
DEPUTY MINISTER
Nguyen Thanh Bien

FOR MINISTER OF FINANCE
DEPUTY MINISTER
Tran Van Ta

The post Joint circular No. 07/2007/TTLT-BTM-BTC of July 06, 2007 appeared first on MP Law Firm.