What Anti-dumping Measures under Vietnam Laws Are? 3 Ways to Identify Dumping Signs

Vietnam joined the WTO, signed various types of trade agreements, and step by step eliminated tariff and non-tariff barriers, and accelerated the process of integration and development of Vietnam. The Foreign Trade Administration Act of 2017, which regulates trade remedies, has also terminated the effect of the Ordinance on Anti-dumping of Imported Goods in 2004. Here anti-dumping lawyers in Vietnam help to explain anti-dumping measures under the laws.

Anti-dumping measures under Vietnam law

According to the Law on Foreign Trade Management, Decree 10/2018/ND-CP, anti-dumping measures against goods imported into Vietnam is a measure applied in cases where the goods are identified dumping when imported into Vietnam causes substantial injury or threatens to cause material injury to a domestic industry or prevents the formation of a domestic manufacturing industry.

A commodity is determined to be dumping when it is compared to the following conditions: the selling price in Vietnam is lower than the normal price. The usual price determination is regulated by the Law on Foreign Trade Management in three ways: the price of the like goods at exporter, the price of the like goods in the third country under normal commercial conditions or the price determined by the investigating agency by the method of self-calculation.

How to apply anti-dumping measures?

For the application of anti-dumping measures, the “sale price” factor is not sufficient, but must fully satisfy the conditions prescribed by law. Accordingly, the dumping measure is applied when the dumping margin is over 2%; the domestic industry suffered material injury or threatened to cause material injury; there is a fruitful relationship between the importation of goods selling prices and the domestic production. With the margin of dumping below 2%, anti-dumping measures are not applicable.

The application of anti-dumping measures is considered as a way of healthy competition of enterprises. Domestic enterprises may request the competent agencies to apply this measure when they find that they fully satisfy the conditions on quantity and volume of goods related to their selling prices and the proportion of goods that they sell on the market devaluation (at least 25%).

On the basis of the conclusions of the investigation, the anti-dumping tax shall be applied for not more than 5 years or the measures for elimination of dumping at the request of the domestic enterprises if they are approved by Vietnam Competition Authority, the investigation bodies.

Time period of anti-dumping duty

An anti-dumping duty shall apply retroactively prior to the decision of the Minister of Industry and Trade. Anti-dumping duty shall be retroactively applied to imported goods for a period of 90 days before the imposition of provisional anti-dumping duty if the imported goods are found to be dumped.

Why need anti-dumping measures?

Anti-dumping measures are a way to protect the domestic industry and at the same time create a healthy competition between foreign enterprises and Vietnamese enterprises. At the same time, respect for international commitments, trade agreements that Vietnam signed when joining the WTO.

How anti-dumping lawyers in Vietnam could help?

Anti-dumping lawyers in Vietnam play a crucial role in helping foreign clients navigate the complex landscape of international trade laws and regulations in Vietnam. Here’s a detailed explanation of how these lawyers can assist foreign clients:

Understanding Anti-Dumping Laws

Anti-dumping laws in Vietnam are designed to protect domestic industries from unfair trade practices, such as the dumping of goods into a foreign market at below-market prices. Anti-dumping lawyers in Vietnam have in-depth knowledge of the country’s anti-dumping laws and regulations. We can help foreign clients understand these laws, their implications, and how to comply with them to avoid legal issues.

Risk Assessment

Anti-dumping lawyers in Vietnam can assess the risks associated with a foreign client’s import or export activities. We analyze the client’s products, pricing strategies, and market dynamics to identify potential anti-dumping concerns. This proactive approach helps clients mitigate risks and make informed decisions.

Compliance and Due Diligence

Anti-dumping lawyers in Vietnam assist foreign clients in ensuring compliance with all relevant anti-dumping regulations. We help clients conduct due diligence to assess the potential impact of anti-dumping duties on their products. This includes evaluating pricing strategies and supply chain management to minimize exposure to anti-dumping investigations.

Representation in Investigations

If a foreign client becomes the subject of an anti-dumping investigation in Vietnam, anti-dumping lawyers in Vietnam provide legal representation. We guide clients through the investigation process, including responding to questionnaires from authorities, participating in hearings, and presenting arguments in defense of the client’s interests.

Appeals and Litigation

In cases where anti-dumping duties are imposed on foreign products, anti-dumping lawyers in Vietnam can file appeals on behalf of their clients. We have the expertise to challenge anti-dumping determinations and defend the interests of foreign clients through litigation if necessary.

Policy Advocacy

Anti-dumping lawyers in Vietnam could engage in advocacy efforts to influence anti-dumping policies and regulations. We work with industry associations and government bodies to promote fair trade practices and advocate for changes to existing anti-dumping measures when warranted.

Market Access Strategies

Our anti-dumping lawyers in Vietnam help foreign clients develop strategies for maintaining or expanding market access in Vietnam while navigating anti-dumping measures. This may involve diversifying product lines, exploring alternative markets, or negotiating with local partners.

Monitoring and Compliance Maintenance

Anti-dumping lawyers continuously monitor changes in anti-dumping regulations and advise clients on how to adapt to these changes. We help clients stay in compliance with evolving laws to avoid legal disputes.

In summary, anti-dumping lawyers in Vietnam serve as valuable allies for foreign clients looking to engage in international trade with confidence. We expertise in anti-dumping laws, risk assessment, compliance, and legal representation ensures that foreign businesses can navigate the complexities of the Vietnamese market while adhering to all relevant regulations and avoiding legal pitfalls.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.