Circular No. 30/2020/TT-BCT guides the implementation of EVFTA regarding trade remedies03/12/2020 93
The EVFTA was signed and officially entered into force on August 1, 2020. The content of trade remedies is specified in chapter 3 of the Agreement, including measures to protect members’ domestic production industry protection in the event of unfair competition (dumping/subsidy) and/or a sudden increase in imported goods, leading to damage to the domestic industry due to the implementation the Agreement.
As EVFTA has commitments to high tax cuts, the possibility of resorting to legal necessary measures to protect domestic production industry is high. However, the current legal basis of Vietnam's trade remedies does not contain regulations on some details of the investigation and application of trade remedies (for example, the issue of lower tax rate rules, considering the public interests provided for in the Agreement ...), especially the safeguard measure in the transition period (transitional safeguard measure) under the Agreement.
Faced with the need to complete the domestic legal framework to implement the measures under the Agreement, the Ministry of Industry and Trade issued Circular No. 30/2020/TT-BCT dated November 26, 2020 guiding the implementation regarding trade remedies
Circular No. 30/2020/TT-BCT includes 04 Chapters 11 Articles, specifically:
Chapter 1: General Provisions
This chapter includes the content about the scope of regulation, the object of application, and explanation of words.
Chapter 2: Anti-dumping and anti-subsidy measures
This chapter covers socio-economic benefits and the rule of lower tax rates in the EVFTA.
Chapter 3: Bilateral safeguard measures
This chapter specifies applicable principles, request documents, notices, processes, investigation procedures, application, parties involved in a bilateral safeguard investigation, in the EVFTA.
Chapter 4: Terms of Enforcement
The Circular (in Vietnamese) is attached below: