I. PHASE OF REVIEWING THE COMPLAINT – INITIATING THE INVESTIGATION

Case 1: 

Step 1: Organizations or individuals representing the domestic manufacturing industry submit a request for the application of anti-dumping measures.

Step 2: Within 15 days from the date of receiving the request for the application of anti-dumping measures, theinvestigating authority shall notify the organization or individual about the completeness and validity of the request. If the request is incomplete or invalid, the investigating authority must inform the organization or individual who submitted the request to make the necessary additions. 

Step 3: Within 45 days from the date of notification of a valid request, based on the recommendation of the investigating authority, the Minister of Industry and Trade decides whether to initiate the investigation or not. In special cases, the issuance of the decision may be extended once but not exceed 30 days.

Case 2: In the absence of a requesting party but with clear indications that goods are being sold at dumped prices or receiving subsidies for import into Vietnam, causing or threatening to cause significant harm to the domestic manufacturing industry, the investigating authority shall prepare a request for the application of anti-dumping measures to present to the Minister of Industry and Trade for consideration of whether to initiate an investigation.

II. INVESTIGATION PHASE - PROVISIONAL CONCLUSION ON DUMPING

Step 1: The investigating authority shall proceed with

1. Identify the dumped goods imported into Vietnam and the margin of dumping, including:

a) Determine the normal value;

b) Determine the export price;

c) Conduct a fair comparison between the normal value and the export price, and determine the specific margin of dumping for the goods under investigation for each organization and individual producing or exporting the investigated goods (hereinafter referred to as the producer or exporter).

2. Determine significant harm or the threat of causing significant harm to the domestic industry, or impede the establishment of the domestic industry.

3. Determine the causal relationship between the importation of dumped goods and the significant harm or the threat of causing significant harm to the domestic industry or impede the establishment of the domestic industry.

4. Determine the impact of anti-dumping measures on the socio-economic conditions.

Step 2:

+ The Minister of Industry and Trade decides to apply temporary anti-dumping duties based on the preliminary conclusions of the investigating agency. Temporary anti-dumping duties shall not be applied earlier than 60 days from the date the Minister of Industry and Trade decides to initiate the investigation.

+ After the Minister of Industry and Trade decides to apply temporary anti-dumping measures, and no later than 30 days before the end of the investigation period, the producers or exporters of the investigated goods may submit a commitment to the investigating agency regarding voluntarily adjusting the selling price or voluntarily limiting the volume or quantity of the investigated goods exported to Vietnam.

Within 30 days from the date of receiving the commitment, the investigating agency is responsible for reviewing and reporting to the Minister of Industry and Trade for a decision. Based on the report from the investigating agency, the Minister of Industry and Trade will consider issuing a decision to accept or reject the commitment of the proposing party.

III. INVESTIGATION AND APPLICATION OF ANTI-DUMPING MEASURES

Step 1: In the event that the commitment is not met, after the investigation is concluded, the investigating agency will announce the final conclusions on the investigation contents.

Step 2: Within 15 days from the date the investigating agency sends the final conclusion to the Minister of Industry and Trade, the Minister will decide whether or not to apply anti-dumping duties. The anti-dumping duty rate must not exceed the dumping margin stated in the final conclusion. The duration of the anti-dumping duty shall not exceed 5 years from the date the decision to apply the duty takes effect, unless extended once.

IV. REVIEW PHASE

1. Review at the request of stakeholders in the investigation case:

Step 1: Within 60 days before the end of one year from the date the decision to apply anti-dumping measures is made, stakeholders may submit a request for a review.

Step 2: Within 15 days from the date of receiving the request for a review, the investigating agency must notify the organization or individual about the completeness and validity of the request. If the request is incomplete or invalid, the investigating agency must inform the organization or individual to provide the necessary supplements.

Step 3: Within 30 days from the date of receiving a complete and valid request for a review, the investigating agency is responsible for evaluating the dossier and submitting it to the Minister of Industry and Trade for consideration of a decision on the review of the application of trade remedy measures.

Step 4: The investigating agency conducts a review of the contents requested by the stakeholders.

Step 5: Within 15 days from the date the investigating agency sends the review conclusion, the Minister of Industry and Trade shall issue a decision on the results of the review of the application of anti-dumping measures.

+ Adjust or not adjust the application of anti-dumping measures.

+ Terminate the application of anti-dumping measures.

- The review period shall not exceed 6 months from the date of the review decision. If necessary, it may be extended once, but not for more than 3 months.

2. Final review

Step 1: No later than 12 months before the date the decision to apply anti-dumping measures expires, the investigating agency shall notify the receipt of the application for the final review of the application of anti-dumping measures.

Step 2: Within 30 days from the date of notification from the investigating agency, domestic producers representing the domestic industry have the right to submit an application for the final review of the application of anti-dumping measures.

Step 3: Within 15 days from the date of receiving the application for review, the investigating agency must notify the organization or individual about the completeness and validity of the application. If the application is not complete and valid, the investigating agency must notify the organization or individual to supplement the application.

Step 4: Within 30 days from the date of receiving a complete and valid application for review, the investigating agency is responsible for evaluating the application and submitting it to the Minister of Industry and Trade for consideration of the decision on the review of the application of trade defense measures.

Step 5: The investigating agency conducts the final review.

Step 6: Based on the review conclusions of the investigating agency, the Minister of Industry and Trade issues a decision on the results of the final review of the application of anti-dumping measures.

+ Extension or non-extension of the application of anti-dumping measures.

+ Termination of the application of anti-dumping measures.

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