Page 48 - STRATEGY FOR SUSTAINABLE AGRICULTUR AND RURAL DEVELOPMENT IN THE PERIOD 2021-2030 AND VISION TO 2050

for some countries when joining the WTOmust • The conditions for the provisional
make its specific commitments related to measure (the measure can be a tax
safeguarding measures. In the case of Viet increase, and if the case’s conclusion is
Nam, there are no significant constraints negative, the difference due to the tax
or reservations regarding these safeguard increase must be refunded to the party
measures, so the application of a safeguard that paid it within 200 days, etc.).
measure in Viet Nam to foreign goods, if any, In practice, a safeguard investigation
will be fully compliant with the provisions of typically follows the following sequence:
the Agreement on Trade Remedies. 1. A request for the application of safeguard
Unlike the lawsuit case of anti-dumping measures by the domestic industry of the
or countervailing, the WTO does not have importing country;
many detailed regulations on the orders and 2. Initiate an investigation;
procedures for applying safeguard measures. 3. Investigate and publish investigation
However, the WTO Agreement on Trade results on factors of the import situation,
Remedies does set out several basic principles damages, and the relationship between the
that all members must adhere to, for example: importation and the damage;
• Ensure transparency (the decisions to 4. Decide to apply or not to apply a
initiate a safeguard investigation must safeguard measure.
be publicly announced; the reports Since relevant mandatory principles have
on the investigation’s conclusion must bound this issue in the WTO’s Trade Remedies
be made public at the end of the Agreement, members can, through the WTO,
investigations, etc.); handle cases where the importing country
• Ensure the right to proceedings of the conducts an investigation that violates the
parties (the parties concerned must be provisions of the WTO Agreement. In Viet Nam,
guaranteed the opportunity to present the Trade Remedies Department - Ministry of
their evidence and arguments and Industry and Trade (MOIT) is responsible for
respond to the other’s evidence and investigating, submitting investigation results
arguments); and proposing ways to handle it to the Minister
• Ensure confidentiality of information of Industry and Trade. MOIT has the authority
(for confidential information or to decide whether or not to apply safeguard
submitted by the parties as confidential measures.
information cannot be made public
without the consent of the party
submitting the information);

4848 Guidelines for the Strategy for sustainable agriculture and rural development
Guidelines for the Strategy for sustainable agriculture and rural development
in the period 2021-2030, and vision to 2050
in the period 2021-2030, and vision to 2050