Procedure for exemption from applying safeguard measures

1.Entities requesting exclusion from trade remedies

Follow the provisions of Article 10 of Circular 06/2018 / TT-BCT.

“Article 10. Entities requesting exclusion from trade remedies

The following entities may submit requests for exclusion from trade remedies:

  1. Importers of products subject to trade remedy investigations;
  2. Users of products subject to trade remedy investigations;
  3. Other organizations and individuals as decided by the Minister of Industry and Trade.”

2.Request for exclusion from trade remedies

Follow the provisions of Article 12 of Circular 06/2018 / TT-BCT.

“Article 12. Request for exclusion from trade remedies

  1. The initial request for exclusion from trade remedies (hereinafter referred to as the “exclusion request”) includes:
  2. a) The written request for exclusion from trade remedies made according to the form stated in the Appendix 03 enclosed herewith;
  3. b) The copy of the enterprise’s certificate of business registration or investment certificate;
  4. c) The document stating specifications of the imported product for which exclusion is requested, consisting of: Scientific name, trade name, common name; basic physical and chemical properties; main purposes; production process; applicable international and domestic standards and/or regulations; HS code and import duties applied in each period;
  5. d) The document stating information about the volume, quantity and value of imported product for which exclusion is requested (normally, for the past three years and in the current year);
  6. dd) The written production process of the product of which input materials are the products for which exclusion is requested (if any);
  7. e) The demand for consumption or use of the imported product for which exclusion is requested (normally, for the past three years and in the current year);
  8. g) The consumption standard of raw materials which are the products for which exclusion is requested;
  9. h) Documents or samples proving the distinctions between the product for which exclusion is requested and the imported product subject to a trade remedy.
  10. If an organization or individual submits the additional request for exclusion to the investigating authority as prescribed in Clause 4 Article 13 herein, the additional request for exclusion includes:
  11. a) The written request for (additional) exclusion from trade remedies made according to the form stated in the Appendix 03 enclosed herewith;
  12. b) The document stating information about the volume, quantity and value of the imported product for which additional exclusion is requested;
  13. c) Evidences and documents proving that the additional request for exclusion is conformable with the law regulations on exclusion from trade remedies;
  14. d) Other documents and materials supporting the additional request for exclusion.
  15. Based on the initial or additional request for exclusion, the investigating authority shall consider, verify and request the Minister of Industry and Trade to make the decision on granting of initial or additional exclusion from trade remedies.”

 3.Procedure of exclusion from trade remedies

Follow the provisions in Article 7 of Decree 10/2018 / ND-CP and Article 13 of Circular 06/2018 / TT-BCT, specifically as follows:

Step 1: MOIT ( Trade Remedies Authority of Vietnam) shall officially notify the receipt of exclusion requests. Notice can be accessed at the Ministry of Industry and Trade website (http://www.moit.gov.vn) and Trade Remedies Authority of Vietnam (http://www.pvtm.gov.vn).

Step 2: Entities requesting exclusion from trade remedies submit the application for exemption from applying the measure (dossier) to Trade Remedies Authority of Vietnam in one of the following ways:

– Submit via online public service:

(https://dichvucong.moit.gov.vn/HomePage.aspx)

– Submit directly to Trade Remedies Authority of Vietnam;

– Submit by post;

Step 3: Trade Remedies Authority of Vietnam announces about the completeness and validity of the exemption Application. Enterprises shall supplement their dossiers in necessary cases (comply with Clause 3, Article 7 of Decree No. 10/2018 / ND-CP and Clause 5, Article 13 of Circular No. 06/2018 / TT-BCT).

Step 4: Appraise the Application for Exemption and Issuance of Exemption Decision (comply with Clause 4 Article 7 of Decree 10/2018 / ND-CP and Article 11, Article 14 of Circular 06/2018 / TT- BCT).

– Trade Remedies Authority of Vietnam shall coordinate with relevant units to verify the records, report to the Ministry leaders to consider exemption / exemption within 30 days from the date of receiving the complete and valid exemption records. In case of necessity, the time limit for considering an exemption decision may be prolonged but in all cases not exceeding the time limit prescribed in Clause 4, Article 7 of Decree No. 10/2018 / ND-CP. If the dossier is rejected, the investigating shall send the organization/individual a written notification containing the explanation.

Trade remedies tax refund: In the case of imported goods exempted, the exempted entity is entitled to a refund of paid trade remedies tax for imported consignments registered with the customs declaration within the exemption period of the exemption decision.

Procedures for reimbursement of trade remedies tax are applied in accordance with the current laws.

Step 5: Periodic reports: Exempted entity must submit periodic reports on the situation of import of exempted goods and compliance with conditions and obligations exempted to trade remedies (according to Article 16 Circular 06/2018 / TT-BCT).

Step 6: Post-exemption inspection: Trade Remedies Authority of Vietnam may conduct post-exemption inspection for the purpose of appraising the compliance of the exempted person with respect to the conditions and legal provisions on exemption. In case the exempted entity does not comply with the provisions and conditions for exemption, the Ministry of Industry and Trade has the right to revoke the exemption decision and notify the customs office to handle according to the law.

……………………

NOTE:

Detailed law as mentioned above:

Article 7 of Decree No. 10/2018 / ND-CP:

“Article 7. Exemption from trade remedies

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. The Minister of Industry and Trade shall provide specific guidance on cases exempted from trade remedies.”

Article 11, Article 14 of Circular 06/2018 / TT- BCT).

“Article 11. Criteria and form of granting exclusion from trade remedies

  1. The Minister of Industry and Trade shall consider and decide to grant exclusion from trade remedies on products in the circumstances laid down in Clause 1 Article 9 herein on the basis of evaluation reports submitted by the investigating authority.
  2. The investigating authority shall consider and evaluate every request for product exclusion from trade remedies according to the following criteria:
  3. a) The trade name, physical properties and chemical properties of the product for which exclusion is requested so as to distinguish it and the product subject to the trade remedies;
  4. b) Technical standards of the product for which exclusion is requested;
  5. c) The quality of the product for which exclusion is requested;
  6. d) The purposes of the product for which exclusion is requested;
  7. dd) The domestic industry capacity to produce the products that are like or directly competitive with the product for which exclusion is requested;
  8. e) The availability of the like or directly competitive products produced by the domestic industry to substitute the product for which exclusion is requested;
  9. g) Other criteria as decided by the Minister of Industry and Trade.
  10. Organizations and individuals are exempted from trade remedies according to the volume and quantity of their imports.”

“Article 14. Contents of a decision on granting of exclusion from trade remedies

  1. Name of the organization or individual that is exempted from trade remedies;
  2. Specifications of the imported products which are excluded from trade remedies;
  3. The volume and quantity of the imported products which are excluded from trade remedies;
  4. Exclusion period, terms and obligations of the organization or individual that is exempted from trade remedies.”

 

Article 16 Circular 06/2018 / TT-BCT

“Article 16. Periodical reports

Every 06 months within the exclusion period, the organization or individual that is exempted from trade remedies is required to submit reports on the import of products excluded from trade remedies and its compliance with terms and obligations of exclusion to the investigating authority, using the form stated in the Appendix 04 enclosed herewith.”

 

Leave a Reply

avatar
  Subscribe  
Notify of