Scheme on strengthening State management against the avoidance of trade remedies and origin fraud measures
Wednesday, July 31,2019AsemconnectVietnam - Improving the effectiveness of international economic integration, especially participating in new generation Free Trade Agreements, ensuring serious and effective implementation of commitments under the framework of the Trade Organization World Trade Organization (WTO), signed Free Trade Agreements (FTAs)
I. Scheme objectives
1. Improving the effectiveness of international economic integration, especially participating in new generation Free Trade Agreements, ensuring serious and effective implementation of commitments under the framework of the Trade Organization World Trade Organization (WTO), signed Free Trade Agreements (FTAs).
2. Preventing acts of evading trade defense measures (PVTM), especially fraud of goods origin, in a comprehensive, synchronous and timely manner, effectively exploiting international commitments , sustainable development of import and export.
3. Protecting Vietnam's rights and interests in international trade.
4. Protect the interests of genuine manufacturing and trading enterprises.
II. Main tasks and solutions of the scheme
1. Strengthening state management of export, import and foreign investment activities:
a) Promote the monitoring of import and export situation with major trading partners in order to warn of the risk of trade defense lawsuits, evade trade defense measures, help businesses, especially businesses small and medium enterprises, proactively prevent and respond to trade defense lawsuits, towards sustainable exports;
b) Early warning of the risk of being investigated against evasion of trade and fraud prevention measures through monitoring import and export activities (including temporary import for re-export, transshipment, transit) commodities are being subjected to important trade remedies by important economic partners to make timely recommendations;
c) Promoting anti-fraud of goods origin by enhancing the effectiveness of granting and checking certificates of origin (C / O); strengthening inspection and struggle with commercial frauds on goods origin nationwide; completing rules of rules of origin to effectively implement commitments in new free trade agreements; strengthening negotiations in multilateral frameworks and Free Trade Agreements to unify specific rules of origin, creating a clear legal basis for issuing C / O;
d) Improving the efficiency of State management through completing regulations on consideration and settlement of foreign investment registration (including mergers and acquisitions) and management of foreign investment projects in the fields areas of production and trading of goods that are in danger of fraud originating or being investigated to avoid trade defense measures;
d) Diversifying export markets, avoiding too much dependence on a specific market to minimize negative impacts of being subjected to measures to avoid trade defense measures;
e) Strengthen resources, capacity to monitor, warn, respond to the situation of avoiding trade remedies, origin of fraud.
2. Raising awareness and effectiveness in enforcing legal regulations on trade, origin, customs protection, avoiding evasive measures of trade defense:
a) Enhancing the coordination among ministries, branches, localities, commodity industry associations, overseas Vietnamese representative missions and the business community in updating information; monitor, prevent and handle acts of avoiding measures of trade protection and fraud of goods origin to protect domestic production, genuine production and business enterprises;
b) Strengthen propaganda and dissemination of policies and regulations on rules of origin, combat and avoid trade defense measures of Vietnam and other countries in order to support enterprises to raise awareness and compliance capacity. and respond to lawsuits investigated by foreign countries as well as proactively using trade defense tools to protect domestic production in accordance with legal regulations;
c) Expanding and strengthening international cooperation in information exchange, checking and verification;
d) Technical assistance, capacity building with partners and international organizations related to PVTM measures, origin fraud, and illegal transmission.
3. Review, formulate, amend and supplement legal documents to prevent and avoid measures of trade defense and fraud.
4. To prevent and strictly handle acts of avoiding trade defense measures and goods origin fraud.
III. Funds for implementation of the Scheme
1. Funding sources for implementation of the Scheme include funding from the state budget and other lawful sources.
IV. Organizing the implementation of the Scheme
1. Ministry of Industry and Trade:
a) Regularly monitoring, statistics and updating List of goods subject to investigation, imposing anti-dumping and anti-subsidy duties by countries that regularly apply trade defense measures and items risk of fraudulent origin (List);
b) Announcing the List to Vietnam Chamber of Commerce and Industry (VCCI) to strengthen the control of issuing C / O for these items;
c) Notifying the List to the Ministry of Planning and Investment and the People's Committees of the provinces and cities directly under the Central Government for consideration when considering and settling foreign investment registration, including the merger, repurchase;
d) Notice of List and information on signs of origin fraud; verification results of investigation of origin fraud to the Ministry of Finance quarterly or irregularly to track import and export developments and take measures to strengthen annual inspection of the list;
e) Notifying the List to the relevant Business Associations to provide information to members and coordinate monitoring of unusual developments (if any) in production and business activities;
e) Notifying the List to relevant Ministries / agencies for timely coordination and handling;
g) Notifying the List to the Ministry of Information and Communication to promptly coordinate, formulate and implement the information dissemination and dissemination plan;
h) Assume the prime responsibility for, and coordinate with the concerned agencies in, organizing the inspection and verification when receiving information on signs of origin fraud, and transferring dossiers to the Public Security Service according to law provisions. cases showing signs of criminal law violations;
i) Strengthen international cooperation, closely coordinate with foreign investigating agencies in the process of investigating acts of evading trade defense and fraud prevention measures;
k) Direct Vietnamese trade representative agencies in foreign markets to regularly monitor and update information on the import and export of key goods of Vietnam; anti-dumping and anti-subsidy lawsuits are being initiated by countries; the possibility of Vietnamese goods being investigated, applying trade defense measures and / or evading trade defense measures;
l) Actively improve regulations on rules of origin and issuance of C / O to prevent fraud of goods origin, effectively implement commitments in Free Trade Agreements;
m) Strengthen management of entrusted import, export, temporary import for re-export activities, transfer of goods at risk of fraud and avoid trade defense measures;
n) Strengthen propaganda and dissemination of policies and regulations on origin and combat avoidance of trade defense measures, especially in free trade agreements that Vietnam is a member; regulations of potential export markets, large export markets of Vietnam;
o) Strengthening the capacity of staff to perform the duties of issuing certificates of origin, inspection, supervision of origin and trade defense;
p) Coordinate with relevant ministries and branches to complete legal provisions on handling acts of avoiding trade remedies and frauds;
q) Leading and coordinating with relevant ministries and agencies to strengthen research, search and expand markets through FTA negotiations; take advantage of the advantages of signed FTAs to promote exports, avoid reliance on a market; promote trade promotion programs; strengthen research on trade defense regulations, technical barriers of import markets to inform and support businesses;
r) To assume the prime responsibility for, and coordinate with the concerned ministries and branches in, building a survey database of partners regularly investigating and applying anti-avoidance measures to Vietnam's exports.
2. Vietnam Chamber of Commerce and Industry:
a) Organize real-time monitoring of C / O issuance data, especially for goods which are being applied anti-dumping and anti-subsidy measures by major trading partners; noting that enterprises have a sudden increase in C / O offering;
b) Strengthen the actual inspection to verify C / O, especially for enterprises with a sudden increase in C / O application;
c) Monitoring and proposing to the Ministry of Industry and Trade to improve regulations on rules of origin;
d) Coordinate with ministries and specialized management agencies in specific cases.
3. Ministry of Planning and Investment and People's Committees of provinces and cities directly under the Central Government:
a) Monitor changes in foreign investment (including changes in ownership, acquisition, merger) into the manufacturing and trading sectors of goods listed in the list provided by the Ministry of Industry and Trade during the 5-year period here or at the request of the Ministry of Industry and Trade;
c) Strengthen propaganda and guide local management agencies in considering and resolving investment registration of foreign investors, and closely monitoring foreign investment projects in fields, production and trading of goods at risk of fraudulent origin, evading trade defense measures;
d) To direct agencies and units in their competence to monitor ownership changes in enterprises in the fields of production and trading of goods subject to anti-dumping and anti-subsidy measures;
d) Strengthening training and retraining, improving capacity for officials to perform tasks;
e) Study and propose measures to strengthen local responsibilities in appraising and managing foreign investment projects, preventing avoidance of PVTM measures and origin fraud;
g) Coordinate with ministries and specialized management agencies in specific cases.
4. Ministry of Finance:
a) Direct the General Department of Customs to monitor data on import and export of goods under the List to provide information to the Ministry of Industry and Trade on a monthly basis, with special attention to fluctuating import-export phenomena. weirdo;
b / Coordinate with ministries and branches in examining and determining export and import origin of goods when suspected of origin fraud or illegal transmission;
c) Expanding cooperation with customs authorities in countries, regional and international organizations to cooperate in exchanging information and verifying origin frauds, illegally transmitting and avoiding evasive measures. trade defense;
d) Strengthening the capacity of customs officers in the inspection and identification of origin of export and import goods;
e) Coordinating with ministries and specialized management agencies in specific cases;
e) Arranging annual budget and contingency budget for the Ministry of Industry and Trade in accordance with the current regulations to implement activities of handling trade and defense cases against trade remedies ( including the use of legal advisory services) that occur with Vietnamese exports.
5. Ministry of Public Security:
a) To closely coordinate with the Ministry of Industry and Trade and the Ministry of Finance to inspect and verify signs of origin fraud, strictly handle violations according to law provisions;
b) Direct local police to strengthen supervision to detect and handle acts of origin fraud, strengthen supervision of foreign direct and indirect investment in the locality;
c) Coordinate with ministries and specialized management agencies in specific cases.
6. Commodity Industry Associations:
a) Regularly notify the member enterprises not to abide by acts of origin fraud and evade trade defense measures;
b) Coordinate to closely monitor the market so that it can promptly provide information to management agencies when there are abnormal signs;
c) Coordinate with the Ministry of Industry and Trade and Vietnam Chamber of Commerce and Industry to organize training on rules of origin, regulations on trade defense for member enterprises to strictly comply with regulations on Certificate of origin, trade defense.
7. The ministries, branches and People's Committees of the provinces and centrally-run cities shall have to coordinate with the Ministry of Industry and Trade in the process of organizing the implementation of the Scheme.
8. Plan to implement some tasks in the Appendix attached to this Decision.
Long Giang
Source: Vitic / thuvienphapluat.vn
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