Guidelines for handling trade defense measures applied to Vietnamese export goods

Decree No. 86/2025/ND-CP detailing a number of articles of the Law on Foreign Trade Management on trade defense measures.

This Decree details a number of articles of the Law on Foreign Trade Management on determining damage to domestic manufacturing industries; preventing evasion of trade defense measures; grounds for conducting, order, procedures, time limit, content, grounds for terminating trade defense case investigations (investigations); applying and reviewing trade defense measures; determining subsidies and countervailing measures; responsibility for coordination of relevant agencies during the investigation process; handling trade defense measures applied to Vietnam's export goods.

Principles for handling trade defense measures

Regarding the handling of trade defense measures applied to Vietnamese export goods, the Decree stipulates the following handling principles:

Activities to assist Vietnamese traders who are investigated by importing countries or territories and subject to trade defense measures as prescribed in Article 76 of the Law on Foreign Trade Management are carried out on the basis of written requests from Vietnamese traders and relevant industry and trade associations.

The lawsuit against the importing country or territory as prescribed in Article 108 of this Decree shall be carried out by the Ministry of Industry and Trade based on collected information and after coordination and exchange with ministries, ministerial-level agencies, and other competent state management agencies, and after reporting and receiving approval from the Prime Minister for the lawsuit plan.

The Ministry of Finance ensures the budget for activities to support traders as prescribed in Article 76 of the Law on Foreign Trade Management.

Activities to support Vietnamese traders as prescribed must comply with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

Building an early warning system for trade defense lawsuits

The Decree clearly states that the Ministry of Industry and Trade will build and operate an early warning system for the possibility of foreign trade defense lawsuits against Vietnamese export goods to inform businesses and industry and trade associations to prevent, avoid and prepare to respond to lawsuits.

The Ministry of Industry and Trade regulates the organization and operation of an early warning system for foreign trade defense lawsuits against Vietnamese export goods.

Regulations on suing importing countries and territories when detecting violations of international treaties to which the Socialist Republic of Vietnam is a member

The Decree stipulates that based on collected information or upon written request of Vietnamese traders, associations, and organizations representing relevant enterprises, the Ministry of Industry and Trade shall preside over and coordinate with ministries, ministerial-level agencies, and other competent state management agencies to consider and develop a plan to initiate a lawsuit in accordance with Clause 1, Article 76 of the Law on Foreign Trade Management, and prepare a dossier to submit to the Prime Minister.

The dossier submitted to the Prime Minister includes: 1- A report on the necessity, purpose and legal basis of the lawsuit; the content of the plan and assessment of the impact of the lawsuit; 2- A report summarizing, explaining and accepting comments from ministries, ministerial-level agencies, organizations and individuals whose opinions are sought; 3- Other relevant documents and materials.

Within 10 days from the date of receipt of the request from the Ministry of Industry and Trade, the ministries, ministerial-level agencies, organizations and individuals consulted must provide written comments on the dossier to be submitted to the Prime Minister. In case of not receiving a response within the time limit, the Ministry of Industry and Trade shall, based on the available information, complete the dossier to be submitted to the Prime Minister.

The Prime Minister considers and decides to approve the lawsuit plan based on the dossier submitted by the Ministry of Industry and Trade.

The Ministry of Industry and Trade shall preside over and initiate lawsuits against importing countries and territories investigating the application of trade defense measures according to the processes and procedures prescribed in relevant international treaties to which the Socialist Republic of Vietnam is a member.

Vietnamese traders, associations, and organizations representing relevant enterprises are responsible for coordinating with the Ministry of Industry and Trade in the process of filing lawsuits against importing countries and territories investigating and applying trade defense measures.

Coordination activities in case Vietnamese traders are investigated by importing countries for applying anti-subsidy measures

In the case of Vietnamese traders being investigated by the importing country for applying anti-subsidy measures as prescribed in Clause 2, Article 76 of the Law on Foreign Trade Management, the Ministry of Industry and Trade shall preside over the development of a coordination plan with the foreign investigating agency as follows:

1- Conduct consultations with foreign investigating authorities on Vietnam's alleged subsidy programs.

2- Provide information and documents as requested by foreign investigation agencies to the Government regarding Vietnam's alleged subsidy programs upon written request from Vietnamese traders, associations, and organizations representing relevant businesses and in accordance with current legal regulations.

3- Organize work at the request of foreign investigation agencies during on-site investigations into alleged subsidy programs of Vietnam.

4- Take other appropriate action.

Develop a plan to request compensation in case Vietnamese traders are investigated by the importing country or territory and apply safeguard measures.

In case a Vietnamese trader is investigated by an importing country and applies safeguard measures, the Ministry of Industry and Trade shall preside over and coordinate with relevant ministries, ministerial-level agencies, organizations and individuals to develop a compensation request plan and, if necessary, prepare a dossier to submit to the Prime Minister for approval.

Within 10 days from the date of receipt of the request from the Ministry of Industry and Trade, the Ministries, ministerial-level agencies, organizations and individuals consulted must provide written comments on the dossier to be submitted to the Prime Minister. In case of not receiving a response within the deadline, the Ministry of Industry and Trade shall, based on the available information, complete the dossier to be submitted to the Prime Minister.

The Prime Minister considers and decides to approve the compensation request plan based on the documents submitted by the Ministry of Industry and Trade.

The Ministry of Industry and Trade shall preside over and conduct consultations with competent authorities of the importing country on compensation plans approved by the Prime Minister.

In case an agreement is reached on the compensation claim, the Ministry of Industry and Trade shall preside over and supervise the implementation of the agreement.

The process and procedures for carrying out compensation claims shall comply with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

Develop a retaliation plan in case Vietnamese traders are investigated by the importing country and apply safeguard measures.

In case no agreement on compensation request is reached, the Ministry of Industry and Trade shall preside over and coordinate with relevant ministries, ministerial-level agencies, organizations and individuals to develop a retaliation plan and, if necessary, prepare a dossier to submit to the Prime Minister for approval.

Within 10 days from the date of receipt of the request from the Ministry of Industry and Trade, the Ministries, ministerial-level agencies, organizations and individuals consulted must provide written comments on the dossier to be submitted to the Prime Minister. In case of not receiving a response within the time limit, the Ministry of Industry and Trade shall, based on the available information, complete the dossier to be submitted to the Prime Minister.

The Prime Minister considers and decides to approve the retaliation plan based on the dossier submitted by the Ministry of Industry and Trade.

The process and procedures for implementing retaliation plans shall comply with the provisions of Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

Participate as a party in trade defense cases, a third party in dispute settlement cases at the World Trade Organization related to trade defense measures

The Decree stipulates that the Ministry of Industry and Trade considers registration as a related party when foreign countries investigate and apply trade defense measures to Vietnamese export goods.

The Ministry of Industry and Trade shall consider registering as a third party in dispute settlement cases at the World Trade Organization in cases related to Vietnam's rights and interests in the field of trade defense. If necessary, the Ministry of Industry and Trade shall consult with relevant ministries and branches to consider registering to participate.

The Ministry of Industry and Trade may consider providing information and documents during the participation of a third party based on the written request of the organization or individual, provided that such documents and information are permitted to be published in accordance with the provisions of international treaties to which the Socialist Republic of Vietnam is a member.

Phuong Nhi

Source: https://baochinhphu.vn/huong-dan-xu-ly-bien-phap-phong-ve-thuong-mai-ap-dung-doi-voi-hang-hoa-xuat-khau-cua-viet-nam-102250415174004122.htm