| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY --------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------------- |
| No. 20/2004/PL-UBTVQH11 | Hanoi, April 29, 2004 |
ORDINANCE
ON ANTI-DUMPING OF IMPORTS INTO VIETNAM
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;
Pursuant to the December 26, 1991 Export Tax and Import Tax Law, which was amended and supplemented under the July 5, 1993 Law Amending and Supplementing a Number of Articles of the Export Tax and Import Tax Law and the May 20, 1998 Law Amending and Supplementing a Number of Articles of the Export Tax and Import Tax Law;
Pursuant to Resolution No. 21/2003/QH11 of November 26, 2003 of the XIth National Assembly, the 4th session, on the 2004 law- and ordinance-making program;
This Ordinance provides for anti-dumping of imports into Vietnam.
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Ordinance provides for anti-dumping measures; procedures and contents of investigation for application, and application of such measures to imports dumped into Vietnam.
Article 2.- Interpretation of terms
In this Ordinance, the following terms are construed as follows:
1. Anti-dumping tax means an additional import tax imposed on imports dumped into Vietnam, which causes or threatens to cause material injury to a domestic industry.
2. Dumping margin means the calculable difference between the normal prices and the export prices of goods imported into Vietnam.
3. Negligible dumping margin means a dumping margin which is no more than 2% of the export prices of goods imported into Vietnam.
4. Immaterial volume, quantity or value of imports dumped into Vietnam means a volume, quantity or value of imports dumped into Vietnam, which satisfies the following conditions:
a/ The volume, quantity or value of goods dumped from one country does not exceed 3% of the total volume, quantity or value of the like goods imported into Vietnam;
b/ The total of the volumes, quantities or values of goods dumped from many countries, which satisfy the condition set at Point a of this Clause, does not exceed 7% of the total volume, quantity or value of the like goods imported into Vietnam.
5. Domestic industry means a group of domestic producers or their representatives that produce a volume, quantity or value of goods accounting for a major proportion in the total volume, quantity or value of domestically produced the like goods under the condition that these producers do not import, and have no direct alignment relations with the organizations or individuals exporting or importing the goods which are requested for application of anti-dumping measures.
