Thông tư 42/2023/TT-BCT sửa đổi Thông tư 37/2019/TT-BCT hướng dẫn nội dung về biện pháp phòng vệ thương mại do Bộ trưởng Bộ Công Thương ban hành

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 37/2019/TT-BCT DATED NOVEMBER 29, 2019 OF MINISTER OF INDUSTRY AND TRADE OF VIETNAM ELABORATING ON TRADE REMEDIES

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Government’s Decree No. 10/2018/ND-CP dated January 15, 2018 on guidelines for the Law on Foreign Trade Management regarding trade remedies;

Pursuant to the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade of Vietnam; 

At the request of the Director of the Trade Remedies Authority of Vietnam;

The Minister of Industry and Trade of Vietnam promulgates a Circular providing amendments to the Circular No. 37/2019/TT-BCT dated November 29, 2019 of the Minister of Industry and Trade of Vietnam elaborating on trade remedies.

Article 1. Amendments to Circular No. 37/2019/TT-BCT dated November 29, 2019 of Minister of Industry and Trade of Vietnam    

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“5. If an application for registration as an interested party is submitted after the period prescribed in clause 2 of this Article, the investigating authority is entitled to decide whether or not to accept the applicant as an interested party within 07 working days from the receipt of such application. If an application is refused, the investigating authority shall clearly state reasons for such refusal.”

2. Heading of Article 10 and Clause 4 thereof are amended as follows:

“Article 10. Scope of goods to be granted exclusions from trade remedies

4. There are no sales of the like or directly competitive goods produced by the domestic industry in the ordinary course of trade in the domestic market or in force majeure circumstances resulting in short supply by the domestic industry.”  

3. Article 11 is amended as follows:

“1. The period of exclusion from application of a trade remedy shall not exceed the validity period of such trade remedy. Every year, the Ministry of Industry and Trade of Vietnam shall consider deciding the exclusion periods according to applications for exclusion from trade remedies in one of the cases in clauses 2, 3 and 4 of this Article.

2. Regarding an application for exclusion from trade remedies submitted according to point a clause 1 Article 16 of this Circular, the period of exclusion from application of a trade remedy shall not exceed the validity period of such provisional trade remedy.

3. Regarding an application for exclusion from trade remedies submitted according to point b clause 1 Article 16 of this Circular, the exclusion period shall not exceed 18 months from the effective date of the decision on imposition of trade remedies to December 31 of the same year inclusively or to December 31 of the following year.

4. Regarding an application for exclusion from trade remedies submitted according to point c clause 1 Article 16 of this Circular, the exclusion period shall not exceed 18 months from January 01 of the year in which the application for exclusion is received or from the effective date of the decision to grant exclusion from trade remedies.

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4. Clause 4 Article 13 is amended as follows:

“4. The Ministry of Industry and Trade of Vietnam shall not grant exclusions from trade remedies on certain goods subject to trade remedies in the following circumstances:

a) The grant of exclusion from trade remedies to such goods may lead to evasion of trade remedies;

b) The organization or individual granted exclusion from trade remedies on such a good is subject to the conclusion that they refuse to cooperate or fail to fully cooperate at the request of the post-exclusion inspection team established by the investigation authority.”

5. Clause 1 Article 16 is amended as follows:

“1. The investigating authority shall notify the receipt of applications for exclusion as follows:

a) within 07 working days from the day on which the Ministry of Industry and Trade of Vietnam issued a decision to impose provisional trade remedies;

b) within 07 working days from the day on which the Ministry of Industry and Trade of Vietnam issued a decision to impose official trade remedies;

c) On March 15 and September 15 each year.”

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“On the basis of every 06 months within the exclusion period, the organization or individual granted exclusion from trade remedies is required to submit reports on the import and use of goods excluded from trade remedies and their compliance with exclusion conditions and obligations to the investigating authority, using the form in the Appendix IV enclosed herewith.”

7. Clause 2 Article 23 is amended as follows:

“2. The inspection after granting of exclusion is aimed at verifying and appraising the compliance by the entities granted exclusion with conditions and regulations of law on exclusion from trade remedies."

8. Point c clause 1 Article 26 is amended as follows:

“c) The entity granted exclusion fails to submit periodical reports as prescribed in Article 20 of this Circular.”

Article 2. Abrogation of some clauses of Article 10 of Circular No. 37/2019/TT-BCT dated November 29, 2019 of Minister of Industry and Trade of Vietnam    

Clause 5 and Clause 6 Article 10 are abrogated.

Article 3. Implementation

1. This Circular comes into force from February 16, 2024.

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3. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Industry and Trade of Vietnam for consideration./.

PP. MINISTERDEPUTY MINISTERNguyen Sinh Nhat Tan