Late responses will not be considered for purposes of this re-investigation. The CBSA must receive your response no later than the due date shown on the covering page of this RFI.
THE GOVERNMENT OF VIETNAM’S POLICIES AND MEASURES
WITH RESPECT TO THE STEEL INDUSTRY, INCLUDING OCTG
The information requested in this part will provide the CBSA with a better understanding of the Government of Vietnam’s (GOV) policies respecting the steel industry, including the OCTG sector.
A1. Were any GOV laws, decrees, promulgations, regulations, policies, decisions, directives, measures, etc. concerning the steel industry put in place during the period of analysis of April 1, 2014 to March 31, 2015? If yes, provide a copy of the law, decree, etc., and a fully translated version of the document. Also, provide documentation concerning the GOV’s notification of any of these measures to your company during the period of analysis.
A2. At the provincial, municipal, local or economic or development zone level where your company is located, identify the names of the government departments, agencies or bureaus that are responsible for administering the GOV’s policies and measures concerning the steel industry, including the OCTG sector. Also include in your response contact information regarding the government officials responsible for, but not limited to, the areas listed below along with their mailing addresses, telephone numbers and email addresses.
Industrial policy and guidance on the steel industry
Market entry criteria for the steel industry
Environmental regulations and enforcement for the steel industry
Management of land utilization
Provincial or regional banking policies specific to the steel industry
Investigation and/or inspection and/or approval of new steel facilities or expanding existing steel facilities
Import licensing for raw materials such as iron ore, scrap steel, etc.
Export regulations, export licensing, “guidance prices”, free trade export zones, etc.
Taxes relating to the steel industry
Export taxes and VAT rebates on steel exports
A3.(a) Provide a detailed explanation of the government approval process with respect to your company, for adding steel production capacity and/or for new steel production capacity. If your company produces a range of steel products in addition to OCTG, and the GOV approval of your additional steel production capacity or new steel production capacity was made on the basis of the overall steel production capacity of your company, provide full details of the GOV’s approval process.
(b) Does the GOV have the right to request modifications when steel companies request approval for adding steel production capacity or for new steel production capacity?
(c) In situations where a steel company produces a range of steel products including OCTG, does the GOV have the right to request modifications to the company’s overall steel production capacity when the company requests approval for adding steel production capacity or new steel production capacity?
(d) Has the GOV refused any of your company’s requests for approval for additional steel production capacity or new steel production capacity? If so, please provide full details.
A4. Describe to what extent, if any, the GOV has encouraged or requested a merger or consolidation of operations between your company and one or several other steel producers in Vietnam.
YOUR COMPANY AND ITS OPERATIONS
The information requested in this part will provide the CBSA with an overview of your corporate organization and its operations.
Please note that, in addition to your narrative response to each of the questions, all necessary supporting documentation is required.
B1. Provide your company's complete mailing address, telephone number and email address. In addition, provide the name and position of the officer in your company responsible for your response to the RFI along with this person’s telephone number and email address.
B2. (a) Describe the nature of your company's business. Explain whether you are a manufacturer, a trading/sales organization, a distributor, etc., and provide a brief history of your company.
(b) Indicate whether your company is a sole proprietorship, a partnership, a limited liability company, a joint venture, a state-owned enterprise, or another type of enterprise. Provide details of who owns your company.
(c) Provide a list of the members of your company’s Board of Directors, Board of Supervisory Directors, and Board of Shareholders. Indicate if any members are representatives or employees of the GOV and, if so, identify the government department or agency they represent. Indicate if any members of the Board of Directors, Board of Supervisory Directors, or Board of Shareholders were appointed or recommended by the GOV. If your enterprise is state-owned or has state-owned interests, identify any other personnel, other than those previously identified above, who were appointed by the GOV along with their position title.
(d) Explain the roles and responsibilities of each member of the senior management team, the current Board of Directors, the Board of Supervisory Directors, and the Board of Shareholders for your company,. Identify the positions that are appointments or designated to act on behalf of government authorities. Provide an organizational chart of your corporate structure with the positions and names of the officials. Provide a copy of the corporate by-laws/regulations regarding the activities and responsibilities of the Board of Directors.
(e) If your parent company is a holding company, please provide full details on the ownership structure at the holding company level and identify each member/director of the holding company. Identify the positions that are appointments or designated to act on behalf of government authorities.
B3. (a) Provide copies of the minutes of the meetings held by your Board of Directors, Board of Supervisory Directors, and Board of Shareholders over the period of analysis of
April 1, 2014 to March 31, 2015.
(b) Provide copies of the notes to company meetings where pricing decisions on steel products, including OCTG, have been made over the period of analysis.
(c) Explain the type of approval that is required by any government body before domestic price changes with respect to steel products, including OCTG, can be implemented.
(d) Indicate if any members of the Board of Directors, Board of Supervisory Directors, or Board of Shareholders are representatives or employees of the GOV or any other government-affiliated body. Please indicate the manner in which the Board members were appointed or recommended.
(e) Provide a list, including the names and addresses of your company’s 15 largest shareholders and the percentage of share that each of them holds. In addition, if not already covered, identify the names and address of any shareholder that owns more than five per cent of the shares of your company.
B4. (a) Provide a copy of your company’s business license(s). Identify the government departments or offices responsible for issuing the license(s) and describe the procedures involved in applying for the license(s). Describe any requirements or conditions that must be met in order to obtain the license(s).
(b) Describe and explain any restrictions imposed on your company by the business license(s). Describe any sanctions imposed on your company if you act outside the scope of your business license(s). Describe and explain any rights or benefits conferred to your company under the license(s).
(c) Describe the circumstances under which your business license(s) can be revoked, and who has the authority to revoke the license(s).
B5. (a) Describe your company’s decision-making structure in general and in respect of OCTG products. The description should identify the persons or bodies primarily responsible for deciding what goods are produced, how the goods are produced, how levels of inputs such as raw materials, labour and energy are set and secured, how your product mix is determined, how your company’s profits are distributed, etc. Provide a description of any government input into the decision-making process respecting the manufacture, marketing and sale of OCTG products.
(b) Provide a list of all government departments/offices that are involved in the manufacture, sale or purchase of steel products, either directly or indirectly. List and explain the functions undertaken by the GOV in respect of steel products. In addition, list and describe all reports that must be submitted by your company to the GOV on a monthly, quarterly and annual basis and identify the government department/office where each report is filed.
B6. Provide a chart showing all associated companies in order to provide an understanding of the larger corporate structure within which your company is situated. Explain the nature of the control and describe where it exists between associated companies that are legal entities in their own right. List the Board of Directors and officers of each legal entity and indicate the names of common directors and officers, where applicable. If members of the Board of Directors are government officials, indicate their position and the department they represent.
B7. If your company is a publicly traded company, what are the rules regarding the issuance of shares by your company? Indicate the percentage of shares owned by the GOV, the employees, other legal citizens and foreign investors. If any shareholder owns more than five per cent of your company’s shares, identify their name, address and title. Identify any stock exchanges on which your company is listed.
B8. If your company is a subsidiary of another company, indicate what percentage of your parent company’s shares is owned by the GOV, the employees, other legal citizens and foreign investors. Identify the name, address, and title of any shareholder who owns more than five per cent of the shares of your parent company.
B9. Provide the details of any significant changes in the ownership structure of your company during the period of analysis.
B10.(a) List the names and titles of your senior managers and describe how they were selected for these positions. Indicate their previous title prior to assuming their current managerial position in your company.
(b) Describe the nature of the positions held by your company’s senior managers in any government departments or organizations, associations or Chambers of Commerce.
(c) Who has the ability to reward, fire or discipline the senior managers?
(d) Identify the name and title of any Communist Party of Vietnam representative on your company’s Board of Directors, Board of Supervisory Directors, or Board of Shareholders.
(e) Provide the names and positions of members of your company responsible for setting or approving prices.
B11.(a) Explain whether your company is a state-owned enterprise (SOE). If your company is an SOE, explain whether there are requirements in law or in practice to have government representation at any level of your company. If your company is not an SOE, explain whether there are still requirements in law or in practice to have government representation at any level of your company.
(b) If there are requirements to have government representation in your company explain the role of government representatives appointed to any level of the company.
(c) Explain how the representatives are appointed. What are the areas of responsibility of the government representatives in the company?
(d) Explain whether government representatives are involved in the decision-making processes or operational decisions of your company.
(e) Explain how government laws, policies, guidelines, etc. are communicated to your company, and explain who is responsible for enforcing these government laws, policies, guidelines, etc.
(f) Explain whether your company provides multiple year plans to the local, provincial or national government
B12. The following questions relate to the general impact the Prime Minister’s Decision No. 145/2007/QD-TTg, hereafter referred to as the Steel Master Plan, has had on your company since it was issued in 2007.
(a) Explain in detail how the Steel Master Plan and any updates to this decision were communicated to your company.
Identify the government department, agency, or association that communicated the Steel Master Plan to your company. Also, identify the government department, agency, or association and the names of the officials who are responsible for administering this decision.
Explain in detail what action has been taken or is to be undertaken by your company with respect to the GOV’s Steel Master Plan.
Does your company have officials designated by the government to provide direction to your company regarding the GOV’s measures and how to proceed with your current projects or future plans within the scope of the Steel Master Plan? Explain in detail if there are additional directives or measures from the GOV or an association that have been communicated to your company since the inception of the Steel Master Plan.
Explain in detail whether your company’s plans were impacted by the measures contained in the Steel Master Plan.
Explain the ongoing mechanism or targets used by the GOV to assess your company’s compliance with measures contained in the Steel Master Plan.
Has your company benefitted or been provided with assistance as a result of the GOV’s Steel Master Plan? If yes, provide a detailed explanation of the benefit or assistance.
B13. Describe the role of the Ministry of Industry and Trade in terms of communicating, implementing and overseeing policies and measures relating to the steel industry, including but not limited to, the Steel Master Plan.
B14. Identify the provincial and local levels of government, and their respective officials, responsible for steel industry policies and directives. Include in your response the address of the office, contact names, phone numbers and email addresses.