   
  
G/ADP/N/1/VNM/3  
G/SCM/N/1/VNM/2  
G/SG/N/1/VNM/3  
 
28 May 2020  
(20-3874) Page: 1/20 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UND ER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGRE EMENTS  
VIET NAM 
The following communication , dated 20 May 2020,  is being circulated at the request of the Delegation 
of Viet Nam.  
 
_______________  
 
 
Pursuant to Article 18.5 of the WTO Anti -Dumping Agreement, Article 32.6 of the WTO Agreement 
on Subsidies and Countervailing Measures and Article 12.6 of the WTO Agreeme nt on Safeguards, 
Viet Nam hereby notifies the Committee on Anti -Dumping Practices, the Committee on Subsidies 
and Countervailing Measures  and the Committee on Safeguards of legislative changes enacted 
through the Circular No. 37/2019/TT -BCT dated 29 Novem ber 2019 detailing some contents 
regarding trade remedies. Circular No. 37/2019/TT -BCT replaces Circular No. 06/2018/TT -BCT dated 
20 April 2018 detailing some contents regarding trade remedies and takes effect from 15 January 
2020.  
Please find attached the  English translation of the Circular and note that the Circular is authentic 
only in Vietnamese and that the English version is free translation and for reference only . 
Contact information:  
Trade Remedies Authority of Viet Nam (TRAV), Ministry of Industry and Trade  
Head office: No. 25 Ngo Quyen Str., Hoan Kiem Dist., Ha Noi, Viet Nam  
Tel.: +84 -24-7303.7898  
Fax: +84 -24-7303.7897  
Website: trav.gov.vn  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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   MINISTRY OF  SOCIALIST  REPUBLIC OF VIET NAM  
 INDUSTRY AND   Independence – Freedom  - Happiness  
 TRADE  -------------------  
  
No. 37/2019/TT -BCT Hanoi, 29 November 2019  
CIRCULAR  
DETAILING SOME CONTE NTS REGARDING TRADE REMEDIES MEASURES  
Pursuant to the Law on Foreign Trade Management dated 12 June 2017;  
Pursuant to Decree No. 10/2018/ND -CP dated 15 January 2018 of the Government detailing some 
articles of the Law on Foreign Trade Management regarding trade remedies measures;  
Pursuant to Decree No. 98/2017/ND -CP dated 18 August 2017 of the Government defining the 
functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;  
At the proposal of the Director General of Trade Remedies Authority of Viet Nam;  
The Minister of Industry and Trade promulgates  a Circular providing detailed regulations on trade 
remedies measures.  
Chapter I  
GENERAL PROVISIONS  
Article 1. Scope  
This Circular provides detailed regulations on interested parties in an investigation; the provision, 
collection and confidentiality of inf ormation and documents; language used during investigation; 
management of imports subject to investigation and application of trade remedy; exemption from 
trade remedies.  
Article 2. Regulated entities  
1. State management authorities competent to investigat e, apply and handle trade remedies.  
2. Vietnamese traders, foreign traders, other domestic and foreign agencies, organizations and 
individuals involved in the investigation, application and handling of trade remedies measures.  
Article 3. Interpretation of terms  
For the purpose of this Circular, the following terms are construed as follows:  
1. "Special products" refers to products which share physical and chemical properties with but have 
some characteristics, appearance or product quality different from lik e or directly competitive 
products produced by the domestic industry.  
2. "Non-confidential summary " refers to the summary of information upon the treatment of 
information as confidential by the investigating authority and which provides sufficient details to give 
receiving parties a reasonable understanding of information submitted in confidence.  
3. The authority in charge of handling trade remedies investigations (hereinafter referred to as "the 
Investigating Authority ") is Trade Remedies Authority of Viet  Nam under the Ministry of Industry 
and Trade.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  Article 4. Language used during trade remedies investigation and application  
1. The spoken and written language used during investigations for the application of trade remedies 
is Vietnamese. Interested partie s are allowed to use their mother languages with the presence of 
accompanied interpreters/translators.  
2. Information and documents in other languages provided by interested parties must be translated 
into Vietnamese. Interested parties must ensure the tru thfulness and accuracy and assume liability 
for the contents of such translations.  
Article 5. Investigating Authority's responsibility to provide information  
1. Before issuing the decision to apply a final anti -dumping or countervailing measure, the 
Invest igating Authority must provide the draft disclosure of investigation conclusions to both the 
applicants and the respondents and obtain their opinions thereon.  
2. The Investigating Authority shall:  
a) Send exemption decisions to the parties requesting for e xemption;  
b) Send decisions on revocation of exemption decisions to the organisations or individuals exempted 
from trade remedies;  
c) Send exemption decisions and decisions on revocation of exemption decisions to the Ministry of 
Finance;  
d) Publish exemption decisions and decisions on revocation of exemption decisions on the website 
of the Investigating Authority and the website of the Ministry of Industry and Trade.  
Article 6. Registration as interested parties in trade remedies investigation and 
application  
1. After the Minister of Industry and Trade has made a decision to conduct a trade remedies 
investigation or review the imposition of trade remedies measures, organisations and individuals 
prescribed in Clause 1 Article 74 of the Law on Foreign T rade Management are entitled to register 
to participate in the trade remedies investigation as interested parties.  
2. The Ministry of Industry and Trade shall consider determining the time limit for registration as 
interested parties in each trade remedies  investigation provided that it shall not be fewer than 60 
working days from the effective date of the Decision on the initiation of a trade remedies 
investigation or the Review of imposition of trade remedies.  
3. Organisations and individuals shall regist er according to the registration form as interested parties 
in Appendix 01 enclosed herewith and send to the Investigating Authority within the time limit 
prescribed in the Decision on the initiation of a trade remedies investigation or the Review of 
impos ition of trade remedies.  
4. Upon the receipt of the registration form as interested parties, except for cases prescribed in 
Point a, Point d and Point dd Clause 1 Article 74 of the Law on Foreign Trade Management, the 
Investigating Authority shall consider  whether a party is accepted as an interested party or not 
within 07 working days. If an application for registration as interested party is refused, the 
Investigating Authority shall provide reasons for such refusal.  
5. If applications for registration as  an interested party are submitted after the time limit prescribed 
in Clause 2 of this Article, the Investigating Authority may consider accepting applicants as interested 
parties.  
6. Organisations and individuals accepted as interested parties shall have rights and obligations 
prescribed in Article 9 and Article 10 of Decree No. 10/2018/ND -CP dated 15 January 2018 of the 
Government detailing some articles of the Law on Foreign Trade Management regarding trade 
remedies measures.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  Article 7. Import declaratio n 
1. Import declarations for products subject to trade remedies investigations as prescribed in Article  8 
of Decree No.  10/2018/ND -CP dated 15 January 2018 of the Government included in the import 
declaration dossier shall be made according to the Form in Appendix II enclosed he rewith.  
2. Import procedures prescribed in Clause 1 of this Article may be completed online in accordance 
with the law.  
Chapter II  
REGULATIONS ON PROVISION AND CONFIDENTIALITY OF INFORMATION AND 
DOCUMENTS IN TRADE REMEDIES INVESTIGATIONS AND APPLICATIONS  
Article 8. Information to be published during a trade remedies investigation  
If requested by interested parties, the Investigating Authority shall provide non -confidential 
summaries of the following information/documents:  
1. The petition for t rade remedies investigation submitted by the requesting party and its 
accompanied appendices;  
2. Documents provided by interested parties when registering to participate in the investigation;  
3. Completed questionnaires and additional questionnaires provid ed by interested parties during the 
investigation;  
4. Documents provided by interested parties to the Investigating Authority during trade remedies 
investigation, including documents serving the consultations; written opinions about the petition for 
trade remedies investigation provided by interested parties;  
5. Records or summaries of public consultations on the investigation arranged by the Investigating 
Authority;  
6. Notices issued by the Investigating Authority and the Ministry of Industry and Trade, in cluding 
notices of the receipt of the petition for trade remedies investigation or review, disclosures of 
preliminary and final determinations, notices of acceptance of applications for registration as 
interested parties and questionnaires, public consulta tions, limitation of the scope of investigation 
by sampling, notices of acceptance or non -acceptances of commitments;  
7. Other information concerning the trade remedies investigation to be published by the 
Investigating Authority in the investigation.  
Article 9. Request for protection of confidential information concerning the investigation 
and application of a trade remedies case  
1. The Investigating Authority shall consider, accept the request for protection of confidential 
information provided by interes ted parties of a trade remedies investigation, including:  
a) Business secrets relating to the characteristics of some products or production process;  
b) Confidential information concerning the enterprise's production, business and finance, including 
produc tion costs, selling expenses, terms of sales, selling price of specific transaction, planned 
transactions or other offers for sale, information about clients, distributors or suppliers, and the 
enterprise's financial information;  
c) Information about the d umping margin of a specific enterprise involved in an anti -dumping 
investigation;  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  d) Information concerning benefits received by the respondent under each subsidy program under 
investigation or review in an anti -subsidy investigation, except the program operation, benefits 
specified in documents or announced publicly; and the subsidy rate for each sales transaction which 
is calculated to each respondent under a subsidy program;  
dd) Other information which is found by the Investigating Authority th at its disclosure would have 
significantly adverse effects upon the person supplying the information or upon a person from whom 
that person acquired the information or cause significant effect to the competitive advantage of the 
party supplying the informa tion. 
2. If a request for protection of confidential information is refused, the Investigating Authority shall 
provide reasons within 45 days from the date of receipt of the request.  
Chapter III  
EXEMPTION FROM APPLICATION OF TRADE REMEDIES MEASURES  
Section  1. SCOPE, TIME LIMITS, ENTITIES AND CRITERIA OF CONSIDERATION OF 
EXEMPTION FROM APPLICATION OF TRADE REMEDIES MEASURES  
Article 10. Scope of exemption from application of trade remedies measures  
The Minister of Industry and Trade shall consider granting ex emptions from provisional, final trade 
remedies measures on certain imports subject to trade remedies measures under one of the 
following circumstances:  
1. The products cannot be domestically produced;  
2. The products possess characteristics which are diff erent from and cannot be substituted by 
domestically produced products;  
3. The products are special products of like or directly competitive products produced by the 
domestic industry;  
4. There are no sale of like or directly competitive products produced by the domestic industry in 
the same ordinary course of trade in the domestic market;  
5. Like or directly competitive products produced domestically are not enough to meet the needs of 
the domestic market;  
6. The imports within the total quantities of impo rts requested for exemption prescribed in Clauses 
1 through 5 of this Article are intended for research and development purposes as well as other non -
commercial purposes.  
Article 11. Period of exemption from application of trade remedies measures  
1. Regard ing the exemption from application of trade remedies measures as prescribed in Point a 
Clause 1 Article 16 of this Circular, the exemption period shall not exceed the period of application 
of such provisional trade remedies.  
2. Regarding the exemption from  application of trade remedies measures as prescribed in Point b 
Clause 1 Article 16 hereof, the Investigating Authority shall consider an exemption period which 
shall not exceed 18 months from the effective date of the decision on imposition of trade reme dies 
to the end of December 31 of the same year or December 31 of the following year.  
3. Regarding the exemption from trade remedies as prescribed in Point c Clause 1 Article 16 hereof, 
the Investigating Authority shall consider an exemption period which s hall not exceed 18 months 
commencing from 1 January of the year in which the request for exemption is received or from the 
date of the exemption decision.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  4. Regarding the requests for supplementing exemption received by the Investigating Authority 
under C lause 4 Article 16 hereof, the supplementing exemption period shall conform with the 
effective date of the initially issued exemption decision.  
Article 12. Entities requesting exemption from application of trade remedies measures  
The following entities may  submit requests for exemption from application of trade remedies 
measures:  
1. Organisations, individuals importing the products subject to the trade remedies investigation, 
application;  
2. Organisations, individuals using the products subject to the trade  remedies investigation, 
application for production;  
3. Other organisations and individuals as decided by the Minister of Industry and Trade.  
Article 13. Criteria for consideration and forms of exemption from application of trade 
remedies measures  
1. The M inister of Industry and Trade shall consider, decide to grant exemption for products subject 
to exemption from trade remedies under the circumstances prescribed in Article 10 hereof on the 
basis of the assessment report of the request for exemption made by  the Investigating Authority. 
The Investigating Authority shall promulgate and announce the procedures for the assessment of 
the request for exemption from trade remedies.  
2. Under specific cases, for the consideration of the good requested for exemption f rom application 
of trade remedies measures as prescribed in Article 10 hereof shall be based on one or some of the 
following criteria:  
a) Regulations on list of products which cannot be produced domestically, investigation conclusions, 
technical regulations, standards, opinions given by regulatory authorities, organisations, business 
or trade associations, and other relevant technical documents;  
b) Ingredients, physical and chemical properties, technical standards, regulations, purposes of the 
use of the products;  
c) The possibility to produce like or directly competitive products by the domestic industry compared 
to the good for which the exemption is requested;  
d) The substitutability of like or directly competitive products produced by the domes tic industry 
compared with the products for which the exemption is requested.  
3. Under specific cases, the consideration of exemption from application of trade remedies measures 
shall be conducted in one of the following forms:  
a) There is no limitation on  users, purpose of use, volume or quantity of the exempted products in 
case it is able to distinguish the difference between the products for which the exemption request is 
submitted and the products subject to trade remedies measures;  
b) There is limitati on on the volume or quantity of the exempted products, purpose for exemption.  
4. The Ministry of Industry and Trade shall consider not to grant exemption from application of trade 
remedies measures in cases where such exemption may lead to fraud for purpos e of circumvention 
of trade remedies measures.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  Section 2. RECEIPT AND PROCESSING OF EXEMPTION REQUESTS  
Article 14. Request for exemption from application of trade remedies measures  
1. A request for exemption from application of trade remedies measures (her einafter referred to as 
the "exemption request ") includes the following documents:  
a) A written request for exemption from application of trade remedies measures made according to 
the form in Appendix III enclosed herewith;  
b) A copy of the enterprise's ce rtificate of business registration or investment certificate;  
c) Description of the good for which the exemption request is submitted, including scientific name, 
trade name, common name; basic physical and chemical properties; main uses; production process ; 
applicable international and domestic standards, regulations; HS code according to Viet Nam's 
nomenclature of exports and imports;  
d) Information on the volume, quantity and value of the imported good for which the exemption 
request is submitted (in the last 03 years and in the current year);  
dd) The written production process of the product of which input materials are the products for which 
the exemption request is submitted;  
e) The demand for consumption or use of the imported good for which the exempt ion request is 
submitted (in the past 03 years and in the current year);  
g) The consumption norms prescribed by law or the estimated consumption norms of raw material 
which is the good for which the exemption request is submitted;  
h) Documents or samples p roving the difference between the products for which the exemption 
request is submitted and like or directly competitive products produced by the domestic industry;  
i) Information on the production line, facilities and output of the products for which the exemption 
request is submitted (in the past 03 years and in the current year);  
k) Documents proving the demand for use of the quantity of products for which the exemption 
request is submitted, including contracts signed with customers, written approvals fo r in-progress 
projects or other relevant documents.  
2. If an organisation or individual submits a supplementing exemption request to the Investigating 
Authority as prescribed in Clause 4 Article 16 hereof, the supplementing exemption request shall 
include the following documents:  
a) A written request for (supplementing) exemption from application of trade remedies measures 
made according to the form in Appendix III enclosed herewith;  
b) A copy of the import quantity monitoring sheet of the exempted products  provided by the customs 
authority;  
c) The report on inventory of the exempted products;  
d) The report on the production of products of which the input materials are the exempted products;  
dd) The production plan for the coming time, contracts signed and t o be performed or other 
necessary information/documents.  
3. Based on the exemption request or the supplementing exemption request of the organisations, 
individuals submitting the request, the Investigating Authority is responsible for assessing the 
request  and report to the Minister of Industry and Trade to consider the issuance of the decision on G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  exemption from application of trade remedies measures or the decision on supplementing 
exemption.  
Article 15. Submission and monitoring of exemption requests  
1. The receipt, processing of requests for exemption of application of trade remedies measures, 
supplementing exemption requests and import declarations of the products subject to trade 
remedies investigation, application shall be conducted online  via the public service portal as 
regulated by law.  
2. Organisations and individuals are responsible to submit requests, documents and monitor the 
processing status thereof via registered email addresses or accounts for accessing the portal for 
updating an d modifying information at the request of the Investigating Authority.  
3. If the exemption request must be supported by sample products, such sample products must be 
submitted directly at the premise of the Investigating Authority or by post to the Investi gating 
Authority.  
Article 16. Notice of receipt of exemption requests  
1. The Investigating Authority shall issue a notice of receipt of exemption request under the following 
circumstances:  
a) After the Ministry of Industry and Trade has issued a decision o n imposition of provisional trade 
remedies;  
b) After the Ministry of Industry and Trade has issued a decision on imposition of final trade remedies 
measures; or  
c) In March and September every year.  
2. In case of changes in trade remedies, the Investigatin g Authority shall timely inform to the 
applicants of exemption request so that they can formulate appropriate business plans.  
3. Within 30 days from the date on which the Investigating Authority gives notice of receipt of 
exemption request, the organisatio ns, individuals requesting for exemption must submit the 
exemption requests as prescribed in Article 14 hereof to the Investigating Authority, except the case 
specified in Article 4 of this Article or other cases regulated by the Ministry of Industry and T rade. 
4. If an organization, individual wishes to request for supplementing exemption, the organization, 
individual must submit the supplementing exemption request to the Investigating Authority.  
5. Within 15 working days from the receipt of the request fo r supplementing information from the 
Investigating Authority, the exemption applicants are responsible to provide sufficient and accurate 
supplementing information as requested.  
Article 17. Contents of a decision on exemption from application of trade reme dies 
measures  
1. Name of the organisation or individual whose products are exempted from application of trade 
remedies measures;  
2. Description of the imported products exempted from application of trade remedies measures;  
3. Volume, quantity of the import ed products exempted from application of trade remedies 
measures;  
4. Exemption period, conditions and obligations of the organisation or individual whose products are 
exempted from application of trade remedies measures.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  Article 18. Customs procedures and customs inspection of exempted products  
1. Exempted products must conduct customs procedures and must undergo the inspection, 
supervision by customs authorities as prescribed by customs law.  
2. When conducting customs procedures, in addition to the prescri bed customs dossier, the 
organization, individual importing the products must also submit a copy of the exemption decision 
to the customs authorities.  
3. The customs authorities shall manage and monitor the quantity of products imported/exported 
on the bas is of the quantity of products exempted as specified in the exemption decision. Deduction 
of import/export quantity shall be carried out in accordance with the customs law.  
Article 19. Refund of trade remedies duties on products exempted from application o f 
trade remedies measures  
1. In cases where the imported products are exempted from application of trade remedies measures, 
the trade remedies duties charged on the shipments for which customs declarations have been 
submitted within the exemption period wi ll be refunded.  
2. Procedures for claiming refunds of trade remedies duties prescribed in Clause 1 of this Article 
shall be carried out in accordance with applicable legal provisions.  
Article 20. Periodical reports  
Every 06 months within the exemption peri od, the organizations, individuals whose products are 
exempted from application of trade remedies measures is required to submit reports on the import 
of exempted products and on the compliance with exemption conditions and obligations to the 
Investigating  Authority according to the form in Appendix IV enclosed herewith.  
Article 21. Disposal of scraps, discarded products and excess raw materials  
1. Scraps, discarded products and excess raw materials within the limit prescribed in Point  g Clause  1 
Article 14 hereof may be sold or consumed domestically without paying trade remedy duties.  
2. Scraps, discarded products and excess raw materials beyond the limit prescribed in Point  g 
Clause  1 Article 14 hereof when sold or consumed domestically shall be subject to trade remedies 
duties in accordance with applicable legal provisions.  
Section 3. INSPECTION, EXAMINATION AND REVOCATION OF DECISIONS ON EXEMPTION 
FROM APPLICATION OF TRADE REMEDIES MEASURES  
Article 22. Post -exemption inspection  
1. A post-exemption inspection team shall be established to conduct the inspection within the scope, 
subject, contents, tasks and period specified in the decision on post -exemption inspection. The post -
exemption inspection team is composed of head of the inspec tion team, members of the inspection 
team and inspection government officials, and a deputy head of the inspection team if necessary.  
2. The head of the post -exemption inspection team is a person who is assigned to perform specialised 
inspection duties and  meets all requirements prescribed in legal provisions on specialised inspection, 
performs duties and powers as prescribed by legal provisions on inspection and on specialised 
inspection; assumes responsibility before the law and the person making the insp ection decision for 
his/her performance of inspection duties.  
3. Specialised inspection officials must meet all requirements for inspectors specialising in industry 
and trade sector as prescribed by the law.  
4. Procedures and forms of reports used during t he post -exemption inspection shall conform to legal 
provisions on inspection and specialized inspection in industry and trade sector.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  Article 23. Post -exemption examination  
1. The post -exemption examination shall be carried out by adopting the risk managem ent method 
as prescribed by law to choose the subject, scope and contents of examination of the organizations, 
individuals whose products are granted exemption.  
2. The post -exemption examination aims to verify and review the compliance by the organisations , 
individuals whose products are granted exemption with conditions and legal provisions on exemption 
from application of trade remedies measures.  
3. Contents of a post -exemption examination include:  
a) Examine, verify the legal status of the organizations,  individuals whose products are granted 
exemption;  
b) Examine, verify the accuracy of the exempted products according to the exemption request 
submitted to the Investigating Authority;  
c) Examine the adequacy, legality and validity of customs dossiers, acc ounting records, financial 
statements, documents and data relating to the imported products exempted from trade remedies 
measures;  
d) Examine the compliance with conditions, obligations of the applicant requesting for exemption as 
specified in the exemptio n decision;  
dd) Examine and verify the consumption norms of raw materials, supplies and excess raw materials 
regarding the exempted products;  
e) Examine and verify the scrap ratio of the exempted products.  
Article 24. Conducting post -exemption examination  
1. At the request of the Investigating Authority, the Minister of Industry and Trade shall make 
decision on the examination and establishment of an examination team. The head of the examination 
team must be an officer of the Investigating Authority. The ex amination team shall conduct the 
examination according to the scope, period and contents specified in the decision on establishment 
of the examination team.  
2. The Investigating Authority shall send written notices of the decision and plan on post -exemptio n 
inspection to the organisations or individuals whose products are exempted in accordance with legal 
provisions and regulations on inspection before conducting the inspection.  
3. During the post exemption examination, the Investigating Authority has the a uthority to collect 
documents and make verification by requesting concerned organisations, individuals or 
organisations, individuals who are able to provide assistance to clarify suspected, unreasonable 
issues or signs of legal violations. Collection of do cuments and verification include:  
a) Requesting relevant, concerned state management authorities, organisations, individuals to 
cooperate in collecting documents and making verification;  
b) Methods of verification include sending written requests and reque sting written response; or 
appointing officers to directly work with relevant authorities, organisations, individuals according to 
the letter of introduction of the requester for verification;  
c) Verification results shall be noted in records, written resp onses and accompanied documents and 
articles. Verification results shall be used as the basis for examining the case.  
4. The inspected organisations or individuals shall appoint its/his/her representative and relevant 
officers to provide documents and pape rs as requested and directly work with the inspection team.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  Article 25. Post -exemption examination results  
1. Basing on the examination results, the examination team shall make the examination report 
immediately after completing the examination at the exam ined premise, and report the examination 
results to the authority issuing the examination decision and notify to the examined organisations, 
individuals.  
2. Basing on the examination results, depending on the degree of violation, the examination team 
shall recommend the examination authority to handle or revoke the exemption decision or transfer 
the dossier on the violating conduct of the organisations, individuals to a competent authority in 
accordance with legal provisions.  
3. If examination findings  are made under Clause 2 of this Article, the head of the examination team 
shall send the drafted examination conclusions to the examined organisations, individuals. Within 
05 working days from the date of receipt of the drafted examination conclusions, th e examined 
organisations, individuals shall provide a written response (accompanied by written explanation and 
documentary evidences) if dissenting from such examination conclusions.  
4. In case of expiry of the time limit specified in Clause 3 of this Arti cle, if the examined 
organisations, individuals provide no response, they are considered to have assented to the 
examination conclusions.  
5. After the time limit for comments, the examination team is responsible for:  
a) Considering the explanationatory wri tten response by the examined organisations, individuals or 
work with their authorized representative in case there are disagreed issues or issues which need to 
be clarification;  
b) In case where professional or technical advice is required or where the ex amination team does 
not have reasonable grounds for making conclusions, the examination conclusions shall be issued 
after obtaining views from specialised agencies or units.  
Article 26. Revocation of exemption decision  
1. The Minister of Industry and Trade  shall revoke the exemption decisions when the organisations, 
individuals take one of the following conducts:  
a) Fails to comply with provisions of the exemption decision;  
b) Provides inaccurate, insufficient or false information or forges documents, data relating to the 
production and trading of the exempted products;  
c) Fails to submit periodical reports as prescribed in Article 20.  
2. The Ministry of Industry and Trade shall cooperate with customs authorities to take actions against 
the organisations or individuals that has its exemption decision revoked, and collect taxes/duties as 
prescribed by law.  
Chapter IV  
IMPLEMENTATION PROVISIONS  
Article 27. Effect  
1. This Circular supersedes Circular No. 06/2018/TT -BCT dated 20 April 2018 of the Minister of 
Industry and Trade and comes into force from 15 January 2020.  
2. During the implementat ion of this Circular, if there are problems, authorities, organisations, 
individuals should report to the Investigating Authority and the Ministry of Industry and Trade for 
consideration and settlement.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  Article 28. Transition Provision  
Trade remedies cases  of which investigation applications and requests for exemption from 
application of trade remedies measures have been received before the effective date of this Circular 
shall be considered and processed in accordance with regulations of Circular No.  06/2018/TT -BCT 
dated 20 April 2018.  
 MINISTER  
 Tran Tuan Anh  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  ANNEX I:  
REQUEST FOR REGISTRA TION AS AN  
INTERESTED PARTY IN A TRADE REMEDY CASE  
(Issued with Circular No. 37/2019/TT -BCT dated 29 November 2019 of the Minister of Industry 
and Trade detailing some contents regarding trade remedies)  
 
_______________  
 
 
REQUEST FOR REGISTRATION  
AS AN INTERESTED PARTY IN TRADE REMEDY INVESTIGATION  
Case name:  .................................................................................................  
Case code : .......................................................... ........................................  
To:  The Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade  
My name is: ........................................................................................................................  
Title: ............................................................................................................................. .... 
Enterprise, unit: (in case of registration as an "individual ", please specify)  
(specify address, telephone, email) .........................................................................................  
Subject:1 ............................................................................................................................  
registering to participate as an inter ested party of the abovementioned trade remedy investigation, 
I would like to request the Investigating Authority to consider approving such registration.  
I do not have a legal representative    
or 
My legal representative2 is: ...........................................................................................  
(Address, telephone, email)  ..........................................................................................  
 Submitter  
 (sign, seal and indicate full name)  
 
1 Please specify in accordance with clause 1 Article 74 of the Law on Foreign Trade Management (for 
example: Applicant, Respondent, Importer, Foreign exporter, etc.)  
2 In case there is a legal counselling representative.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  ANNEX II:  
IMPORT DECLARATION  
(Issued with Circular No. 37/2019/TT -BCT dated 29 November 2019 of the  Minister of Industry 
and Trade detailing some contents regarding trade remedies)  
 
_______________  
 
 
 TRADER NAME  SOCIALIST REPUBLIC OF VIET NAM  
 ________________  Independence – Freedom - Happiness  
No:  ________________  
Regarding import declaration for  Place, date  .......................  
[1] 
IMPORT DECLARATION  
To: Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade  
- Name of importer of the product under investigation  
(Address, Phone number ) ......................................................................................................  
- Enterprise Registration Certificate/ Business registration certificate/Investment certificate  
Number:  ................................................ ............................................................................  
- Name of the legal representative: ..............................................  Position:  .............................  
- Contact person: ...................................... ...........................................................................  
(address, phone number, email)  
 Kindly request Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade to 
confirm the import declaration of the product(s) under inves tigation pursuant to Decision 
No. ......... /QD-BCT dated .............. of the Minister of Industry and Trade. Details about the import 
shipment(s)  
No. Product 
name  HS Code 
(8/10 
digits)  Exporting 
country  Country 
of origin  Import 
purpose(s)  Quantity, 
weight  
(Unit)  Value 
(USD)  
1 … …    … … 
2 … …    … … 
… … …    … … 
 
1 Product under investigation as des cribed in the Decision on investigation initiation of the Ministry of 
Industry and Trade.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  - Import contract No. ...................  dated ........................  
- Commercial invoice  No. ................... dated ........................  
- Producer: (based on Quality Certificate or documents of equivalent value issued by the producer).  
- Export port:  ..................................................................................... ................................  
- Scheduled Import port: .......................................................................................................  
(Indicate if importing from a non -tariff zone)  
- Scheduled date of conducting import procedure s: ...................................................................  
(Indicate from ................... to ........................)  
 I commit that all of the above -declared information is true and sufficient and understand that 
the import shipments may be subject to trade remedies measures applied retrospectively pursuant 
to Article 45 of Decree No. 10/2018/ND -CP dated 15 January 2018 detailing a number of articles of 
the Law on Foreign Trade Management on trade remedies./.  
 Place, Date .................. ....... 
 REPRESENTATIVE OF THE TRADER  
 (Sign, indicate full name, title and seal)  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  ANNEX III:  
REQUEST FOR EXEMPTIO N FROM APPLICATION O F TRADE REMEDIES MEA SURES  
(Issued with Circular No. 37/2019/TT -BCT dated 29 November 2019 of the Ministe r of Industry 
and Trade detailing some contents regarding trade remedies measures)  
 
_______________  
 
 
 NAME OF ORGANISATION,  SOCIALIST REPUBLIC OF VIET NAM  
 INDIVIDUAL  
  Independence – Freedom - Happiness  
 ________________  
  ________________  
  Place, Date.........................  
REQUEST  
FOR EXEMPTION FROM APPLICATION OF TRADE REMEDIES MEASURES  
 Case: (Anti -dumping, Anti -subsidy, Safeguard)  
 Case code:  
 Request1: (first request, supplement)  
I. INFORMATION ON ORGANISATION, INDIVIDUAL REQUESTING EXEMPTIO N 
1. ENTERPRISE NAME: ..........................................................................................................  
Enterprise Registration Certificate/ Business registration certificate/Investment certificate  
information: ................... .....................................................................................................  
Abbreviated name (if any): ....................................................................................................  
(Address, phone number, em ail) ........................................................................................... . 
Legal representative (Name, Position):  ....................................................................................  
Contact person:  .................. ....................................................................................... ..........  
(Address, phone number, email)  ............................................................................................  
2. LEGAL COUNSEL (IF ANY):  .................................................................................................  
(Address, phone number, email) ............................................................................................  
3. FIELD OF PRODUCTION, BUSINESS  
Form of operation of the enterprise: (manufacturing, commercial trading, importing, using the 
product(s) in question to manufacture, others etc.)  
 
1 For supplementing request, information in Section II.2 needs not be provided.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
- 17 - 
 
  II. INFORMATION ON IMPORTED PRODUCTS UNDER THE EXEMPTION REQUEST  
1. NAME AND FULL DESCRIPTION OF THE PRODUCT UN DER THE EXEMPTION REQUEST  
(attach necessary documents)  ...............................................................................................  
2. PROVIDE DETAILED INFORMATION ON THE PRODUCT UNDER THE EXEMPTION REQUEST 
ACCORDING TO THE FOLLOWING TAB LE 
(Please provide available documents with clarifying descriptions)  
2.1. First product under the exemption request:  
HS Code classification:  
Characteristics  Product under the 
exemption request  Like product, directly 
competitive product 
manufactured 
domesti cally (or 
specify if there is no 
domestic 
manufacturing)  Quantify distinctions 
between the product 
under the exemption 
request and like or 
directly competitive 
product  
Physical properties     
Chemical components     
Size    
Technical specifications     
Quality     
Usage     
Market segment     
End user     
Others     
2.2. Second, third, etc. product under the exemption request (please provide information 
similar to section 2.1)  
III. REASONS FOR THE EXEMPTION REQUEST  
 Please detail the bases and reasons for the enterprise's request to the Investigating authority 
for exe mption from application of trade remedies measures for the imported products in the case.  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
- 18 - 
 
  IV. INFORMATION ON THE AMOUNT AND VALUE OF IMPORT  
 Please provide information on the import amount and value for the product(s) under the 
exemption request in the rec ent 03 years according and until present according to the following 
form:  
Country of origin 
under 
investigation, 
subject to 
measures: 
…………  Year 01  Year 02  Year 03  Current year  
Quantity (unit)      
Value (unit)      
Unit price (unit)      
 Please specify if the enterprise would like to keep the information, data provided under this 
section confidential.  
V. WEIGHT, QUANTITY UNDER THE EXEMPTION REQUEST  
 Please specify the weight, quantity under the exemption request and the bases for such 
weight, qua ntity.  
VI. MATERIALS, INFORMATION CLARIFYING PRODUCT DESCRIPTIONS ATTACHED WITH 
THE REQUEST  
 a) Documents proving the distinctions (on physical/chemical properties, product surface, etc.) 
between the product under the exemption request and like or directly  competitive products produced 
domestically;  
 b) Documents on production capacity of products using inputs which are the products under 
the exemption request;  
 c) Documents on the import volume and import value of the products under the exemption 
request i n the last 3 years;  
 d) Other documents (if any).  
VII. COMMITMENTS  
The undersigned (legal representative of the enterprise) commits that the abovementioned 
information is adequate and accurate and understands that the information will be examined and 
verified by the Investigating Authority.  
I am willing to accept that the Investigating Authority may conduct on -site examination to verify the 
information provided in this Request. If the Investigating Authority – Ministry of Industry and Trade 
discovers a ny violations, the enterprise shall bear full responsibility before the law and be subject to 
retrospective collection of exempted import duties pursuant to provisions of the law./.  
 REPRESENTATIVE OF THE  
 ORGANISATION, INDIVIDUAL  
 (sign, seal and indicate  full name, title)  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  ANNEX IV:  
REPORT ON THE IMPORT  STATUS OF EXEMPTED PRODUCTS  
(Issued with Circular No. 37/2019/TT -BCT dated 29 November 2019 of the Minister of Industry 
and Trade detailing some contents on trade remedies measures)  
 
____ ___________  
 
 
 TRADER NAME  SOCIALIST REPUBLIC OF VIET NAM  
 ________________  Independence – Freedom - Happiness  
  ________________  
No. 
Subject: report on the import  ............... , ...............  
status of exempted products  
REPORT ON THE IMPORT STATUS OF EXEMPTED PRODUCTS  
To: Trade Remedies Authority of Viet Nam – Ministry of Industry and Trade  
Pursuant to Circular No. /2019/TT -BCT dat ed .............  2019 of the Ministry of Industry and Trade 
stipulating cases of exemption from application of tr ade remedies measures and Decision 
No. ......... /QD-BCT dated ............. of the Ministry of Industry and Trade on exemption from trade 
remedies for importing enterprises, the enterprise reports about its imports as follows:  
1. Information on the organis ation, individual granted the exemption:  
Enterprise Registration Certificate/ Business registration certificate/Investment certificate 
information: ............................................................................................................ ............  
Abbreviated name (if any):  ....................................................................................................  
(Address, phone number, email)  .................................................................................... ........  
Legal representative (Name, Position):  ....................................................................................  
Contact person:  ........................................................................................................... ........  
(Address, phone number, email)  ............................................................................................  
2. Reporting period : from ................... to ........................  G/ADP/N/1/VNM/3 • G/SCM/N/1/VNM/2 • G/SG/N/1/VNM/3  
 
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  3. Data on imports of exempted products  
Product 
name HS 
code 
(8/10 
digits)  Custom 
declaration 
number  Quantity /
weight   Value 
(USD)  Cumulative 
import 
quantity to 
the reporting 
time Cumulative 
import value 
to the 
reporting 
time (USD)  Import 
port Country 
of 
origin  
                   
                   
Situation of usage of imported products which are exempted:  
The undersigned person commits that all information provided in this Report on import status of 
exempted products is adequate and accurate and understands that the Investigating authority may 
exam ine pursuant to regulations./.  
 Place, Date  .....................  
 REPRESENTATIVE OF THE  
 ENTERPRISE  
 (Sign,  seal, indicate full name)  
 
__________  