Law No. 05/2017/QH14 dated June 12th, 2017 of the National Assembly on foreign trade management
This Law provides for measures for the foreign trade management and foreign trade remedies. read more
“Foreign trade activities” mean activities related to the international exchange of products in the forms of export and import; temporary import for re-export; temporary export for re-import; trans-shipment of goods; transit and other activities related to the international exchange of products.
According, there are 3 groups of measures for the foreign trade management imposed in Vietnam, including: (i) administrative measures; (ii) technical measures; and (iii) quarantine measures.
In which, administrative measures are performed via such forms as prohibition on export or import; suspension of export or import; export restriction and import restriction; licenses and conditions for export and import; certification of origins of products; certification of free sale; other measures for foreign trade management.
Technical measures comprise the requirements for publication of conformity with standards/ regulations, labeling, certificates of free sale, health certificates, quality quarantine, food safety inspection.
The noticeable point is that the measures for the foreign trade management shall not be imposed on products that are delivered from the domestic market to customs-controlled areas (except for the prohibition on export or import, suspension of export or import, and quarantine).
In the case disputes occur, Vietnam will impose these trade remedies: anti-dumping measure, countervailing measure and safeguard measure.
This Law shall come into force from January 1st, 2018.
2. The following Ordinances shall expire from the day on which this Law comes into force, except for the cases prescribed in Article 113 of this Law:
a) The Ordinance No. 42/2002/PL-UBTVQH10 on safeguards in the import of foreign products into Vietnam;
b) The Ordinance No. 20/2004/PL-UBTVQH11on anti-dumping of imports into Vietnam;
c) The Ordinance No. 22/2004/PL-UBTVQH11on countervailing duties of imports into Vietnam;
3. The following regulations shall be annulled: Clause 3 Article 28, Clause 3 Article 29, Clause 3 Article 30, Articles 31, 33, 242, 243, 244, 245, 246 and 247 of Commercial Law No. 36/2005/QH11 dated June 14th, 2005.
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