Ordinance No. 22/2004/PL-UBTVQH11 dated August 20, 2004 of the Standing Committee of National Assembly on anti-subsidy for imports into Vietnam
THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
Hanoi, August 20, 2004
ON ANTI-SUBSIDY FOR 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 Law on Import Tax and Export Tax, which was amended and supplemented by the July 5, 1993 Law Amending and Supplementing a Number of Articles of the Import and Export Tax Law and the May 20, 1998 Law Amending and Supplementing a Number of Articles of the Import and Export Tax Law;
Pursuant to November 26, 2003 Resolution No.21/2003/QH11 of the XIth National Assembly, 4th session, on the 2004 law- and ordinance-making program;
This Ordinance prescribes anti-subsidy for imports into Vietnam.
Article 1.- Scope of regulation
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This Ordinance prescribes anti-subsidy measures; procedures and contents of investigation for application and the application of such measures to the subsidized imports into Vietnam.
Article 2.- Interpretation of words and phrases
In this Ordinance, the following words and phrases shall be construed as follows:
1. Subsidy means financial supports rendered by the Government or Government agencies to organizations and individuals when they produce and/or export goods into Vietnam, which bring about benefits to such organizations and individuals.
2. Domestic production branches mean groups of domestic producers or their representatives that produce goods with volume, quantity or value accounting for a major proportion of the total volume, quantity or value of similar home-made goods, provided that such producers neither import nor have direct relationships with organizations and/or individuals that produce, export or import goods requested for the application of anti-subsidy measures.
3. Anti-subsidy tax means import surtax applicable to cases where subsidized imports into Vietnam cause or threaten to cause material injuries to domestic production branches.
4. Material injuries for domestic production branches means the considerable decline or restriction of the growth in terms of outputs, price level, level of goods consumption, profits, production growth rate, jobs for laborers, investment and other norms of domestic production branches, or the state that leads to difficulty for the formation of a new domestic production branch.
5. Threat to cause material injuries to domestic production branches means an immediate, obvious and provable possibility of material injuries caused to domestic production branches.
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