Domestic Producers’ Rights in Vietnam’s Trade Remedy Proceedings: Legal Framework and Practical Considerations
In compliance with its commitments under the World Trade Organization (“WTO”) concerning trade remedy measures, the Standing Committee of the National Assembly of Vietnam promulgated: (i) Ordinance No. 42/2002/PL-UBTVQH10 on Safeguards in the Importation of Foreign Goods into Vietnam; (ii) Ordinance No. 20/2004/PL-UBTVQH11 on Anti-Dumping of Goods Imported into Vietnam; and (iii) Ordinance No. 22/2004/PL-UBTVQH11 on Countervailing Measures against Goods Imported into Vietnam.
On 12 June 2017, the National Assembly of Vietnam promulgated Law No. 05/2017/QH14 on Foreign Trade Management, which took effect on 1 January 2018. The Law was developed by consolidating, with amendments and supplements, the provisions of the three aforementioned Ordinances and the provisions of the Law on Commerce No. 36/2005/QH11 (the “Law on Foreign Trade Management”).
To provide detailed regulations for the implementation of the Law on Foreign Trade Management concerning trade remedy measures, the Government and the Ministry of Industry and Trade promulgated decrees and circulars providing detailed guidance on trade remedies, as follows:
PERIOD FROM 2018 TO 2025
On 15 January 2018, the Government promulgated Decree No. 10/2018/ND-CP, dated 20 April 2018, which took effect on 15 June 2018 and provided detailed regulations on certain matters concerning trade remedy measures.
On 20 April 2018, the Ministry of Industry and Trade promulgated Circular No. 06/2018/TT-BCT, which took effect on 15 June 2018 and provided detailed regulations on certain matters concerning trade remedies.
On 29 November 2019, the Ministry of Industry and Trade promulgated Circular No. 37/2019/TT-BCT, which took effect on 15 January 2020 and replaced Circular No. 06/2018/TT-BCT.
On 28 December 2023, the Ministry of Industry and Trade promulgated Circular No. 42/2023/TT-BCT, which took effect on 16 February 2024 and amended and supplemented a number of provisions of Circular No. 37/2019/TT-BCT.
PERIOD FROM 2025 ONWARDS
On 11 April 2025, the Government promulgated Decree No. 86/2025/ND-CP detailing the implementation of the Law on Foreign Trade Management concerning trade remedy measures. The Decree took effect on 1 July 2025 (the “Decree 86”) and replaced Decree No. 10/2018/ND-CP.
On 15 May 2025, the Ministry of Industry and Trade promulgated Circular No. 26/2025/TT-BCT, which took effect on 1 July 2025 (the “Circular 26”) and replaced Circular No. 37/2019/TT-BCT.
Accordingly, from 1 July 2025 onwards, Vietnam’s legal framework governing trade remedy measures is primarily consolidated in Law No. 05/2017/QH14 on Foreign Trade Management, Decree No. 86/2025/ND-CP and Circular No. 26/2025/TT-BCT.
The Vietnamese legal framework, consistent with WTO regulations, provides for three principal trade remedy measures, namely: (i) anti-dumping measures; (ii) countervailing measures; and (iii) safeguard measures. The framework also sets out detailed conditions, procedures and processes for the application of each trade remedy measure, as well as the rights and obligations of domestic producers, importers of goods and exporters of goods into Vietnam during the initiation, investigation, application and review of trade remedy measures.
In this article, BFSC Law LLC analyzes the provisions of the Law on Foreign Trade Management, Decree 86 and Circular 26 concerning the rights of domestic producers in relation to trade remedy measures, while also providing recommendations to support the effective exercise of such rights by domestic producers.
1. DOMESTIC PRODUCERS, THE DOMESTIC INDUSTRY IN TRADE REMEDY CASES
1.1. Domestic Producers
Under Article 69.1 of the Law on Foreign Trade Management, a domestic producer is an individual or organization that manufactures, within the territory of Vietnam, goods that are like the goods subject to a trade remedy investigation.
It should be noted that, pursuant to Article 69.1 of the Law on Foreign Trade Management, where a domestic producer directly imports the goods under investigation or has a relationship with exporters or importers of the goods under investigation, such producer may not be considered a domestic producer.
It should also be noted that, pursuant to Article 69.1 of the Law on Foreign Trade Management, like goods are goods that possess all characteristics identical to those of the goods under investigation.
Where no such goods exist, like goods are goods that possess many basic characteristics similar to those of the goods under investigation.
1.2. Domestic Industry
Pursuant to Article 69.1 of the Law on Foreign Trade Management, the domestic industry comprises producers of like goods within the territory of Vietnam, or their representatives, whose production accounts for a principal proportion of the total domestic production of such goods.
Article 4.2 of Decree 86 provides detailed regulations on the concept of a “principal proportion”, as follows:
(i) In an anti-dumping or countervailing case, the volume or quantity of goods produced accounting for at least 50% of the total volume or quantity of like goods produced domestically is considered to constitute a principal proportion of the total production of the domestic industry.
(ii) In a safeguard case, the volume or quantity of goods produced accounting for at least 50% of the total volume or quantity of like goods or directly competitive goods produced domestically is considered to constitute a principal proportion of the total production of the domestic industry.
It should be noted that, pursuant to Article 4.3 of Decree 86, the investigating authority may consider a proportion lower than the threshold prescribed in Article 4.2 if there are grounds to establish that such lower proportion is sufficient to constitute a principal proportion of the total production of the domestic industry.
Another matter requiring attention is that, pursuant to Article 4.4 of Decree 86, the determination of the “domestic industry” does not necessarily have to be made on the basis of the entire territory of Vietnam. Instead, the domestic industry may be determined within a specific geographical market located in the territory of Vietnam, provided that the conditions set out in Article 4.4 of the Decree are satisfied.
2. TRADE REMEDY MEASURES
2.1. ANTI-DUMPING MEASURES
2.1.1. DEFINITION
Anti-dumping measures are measures applied where goods determined to be dumped when imported into Vietnam cause material injury or threaten to cause material injury to the domestic industry, or materially retard the establishment of the domestic industry.
Goods are determined to be dumped when they are imported into Vietnam at a price lower than their normal value. Normal value means the comparable price of like goods sold in the exporting country or in a third country under ordinary commercial conditions, or the price determined by the Investigating Authority using a constructed-value methodology.
2.1.2. CONDITIONS FOR THE APPLICATION OF ANTI-DUMPING MEASURES
Anti-dumping measures may be applied where all of the following conditions are satisfied:
(i) The goods are determined to be dumped, with a specific dumping margin of 2% or higher;
(ii) The domestic industry suffers material injury, faces a threat of material injury, or the establishment of the domestic industry is materially retarded; and
(iii) There is a causal relationship between the importation of the dumped goods referred to in Section 2.1.2(i) and the injury suffered by the domestic industry referred to in Section 2.1.2(ii).
2.1.3. Anti-Dumping Measures
Anti-dumping measures include:
(i) The imposition of anti-dumping duties; and
(ii) An undertaking by the organization or individual producing or exporting the goods subject to the requested anti-dumping measures, submitted to the investigating authority of Vietnam or to domestic producers, if accepted by the investigating authority.
2.2. COUNTERVAILING MEASURES
2.2.1. Definition
Countervailing measures are measures applied where subsidized goods imported into Vietnam cause material injury, threaten to cause material injury to the domestic industry, or impede the establishment of the domestic industry.
2.2.1.1. What Constitutes a Subsidy?
Pursuant to Article 84 of the Law on Foreign Trade Management, a subsidy means a financial contribution by the government or any public body in the country from which the goods are imported into Vietnam, in any of the following forms, which confers a benefit on the organization or individual receiving the subsidy:
1. The government directly transfers funds to an organization or individual, or directly assumes liabilities on behalf of an organization or individual;
2. The government foregoes or fails to collect revenue that an organization or individual is required to pay to the government;
3. The government provides an organization or individual with assets, goods or services other than general infrastructure;
4. The government purchases assets, goods or services from an organization or individual at a price higher than the market price;
5. The government sells assets, goods or services to an organization or individual at a price lower than the market price;
6. The government contributes funds to a funding mechanism, or entrusts, assigns, directs or instructs a private organization to carry out one or more activities specified in Clauses 1, 2, 3, 4 and 5 of Article 84, which would ordinarily fall within the functions of the government and, in practice, do not differ from the government’s usual activities;
7. Any form of income or price support; and
8. Any other form of subsidy not falling within Clauses 1, 2, 3, 4, 5, 6 and 7 of Article 84, as determined on the basis of fairness and reasonableness and in a manner that is not inconsistent with international treaties to which the Socialist Republic of Vietnam is a party.
2.2.1.2. When May Subsidies Be Subject to Countervailing Measures?
Pursuant to Article 85 of the Law on Foreign Trade Management, the following subsidies may be subject to countervailing measures, unless otherwise provided by an international treaty to which the Socialist Republic of Vietnam is a party:
1. Subsidies contingent upon export performance;
2. Subsidies intended to give preference to the use of domestically produced goods over imported goods; and
3. Subsidies specified in Article 84 of the Law that nullify or adversely affect benefits to which Vietnam is directly or indirectly entitled under an international treaty to which the Socialist Republic of Vietnam is a party.
2.2.2. Conditions for the Application of Countervailing Measures
The application of countervailing measures requires the following conditions to be satisfied:
(i) The goods are determined to be subsidized in accordance with Articles 84 and 85 of the Law on Foreign Trade Management, and the subsidy level is specifically determined, except in the cases excluded under Clause 2 of Article 86;
(ii) The domestic industry suffers material injury, is threatened with material injury, or the establishment of the domestic industry is impeded; and
(iii) There is a causal relationship between the importation of the subsidized goods referred to in Section 2.2.2(i) and the injury suffered by the domestic industry referred to in Section 2.2.2(ii).
Under the exclusion provided in Clause 2 of Article 86, countervailing measures shall not be applied to producers or exporters in developed countries where the subsidy does not exceed 1% of the export price of the goods imported into Vietnam; to producers or exporters in developing countries where the subsidy does not exceed 2% of the export price of the goods imported into Vietnam; or to producers or exporters in least-developed countries where the subsidy does not exceed 3% of the export price of the goods imported into Vietnam.
2.2.3. Countervailing Measures
Countervailing measures include:
(i) The imposition of countervailing duties;
(ii) An undertaking by an organization, individual or the government of the producing or exporting country with the competent Vietnamese authority to voluntarily terminate the subsidy, reduce the subsidy level or undertake to adjust the export price; and
(iii) Other countervailing measures.
2.3. SAFEGUARD MEASURES
2.3.1. Definition
Safeguard measures applicable to the importation of foreign goods into Vietnam (hereinafter referred to as “safeguard measures”) are measures applied where goods are imported into Vietnam in excessive quantities, causing or threatening to cause serious injury to the domestic industry.
2.3.2. Conditions for Application
The application of safeguard measures requires the following conditions to be satisfied:
(i) Excessive imports occur where the volume or quantity of imported goods increases, either absolutely or relative to the volume or quantity of like goods produced domestically;
(ii) The domestic industry suffers serious injury or is threatened with serious injury; and
(iii) The increase in the volume or quantity of imported goods referred to in Section 2.3.2(i) is the principal cause of the serious injury or threat of serious injury to the domestic industry.
2.3.3. Safeguard Measures
Safeguard measures include:
(i) The imposition of safeguard duties;
(ii) The application of import quotas;
(iii) The application of tariff-rate quotas;
(iv) The issuance of import licences; and
(v) Other safeguard measures.
3. FUNDAMENTAL RIGHTS OF DOMESTIC PRODUCERS IN RELATION TO TRADE REMEDY MEASURES
3.1. Rights During the Preparation Stage and Submission of an Application for an Investigation into the Application of Trade Remedy Measures
The right to submit an application requesting an investigation into the application of anti-dumping measures and the right to submit an application requesting an investigation into the application of countervailing measures are reserved for domestic producers or groups of domestic producers that fully satisfy the two conditions for being considered “representative of the domestic industry” under Articles 79.2 and 87.2 of the Law on Foreign Trade Management.
Accordingly, in relation to an application requesting an investigation into the application of anti-dumping or countervailing measures, domestic producers may participate as:
- Applicants requesting an investigation;
- Supporters of the request for the application of trade remedy measures; or
- Opponents of the application of trade remedy measures.
The impact of a decision by a domestic producer to oppose the application of a trade remedy measure in an anti-dumping or countervailing investigation is significant and may result in the remaining domestic producers losing their rights to pursue the investigation.
However, with respect to an application requesting an investigation into the application of safeguard measures, Article 93.1 of the Law on Foreign Trade Management provides only that a safeguard investigation may be conducted where an application for the application of safeguard measures is submitted by a domestic organization or individual producing like goods or directly competitive goods.
Directly competitive goods are goods that purchasers may accept as substitutes for the goods subject to the safeguard measures because of advantages in terms of price and intended use, provided that the application contains clear evidence in accordance with Article 93.2.
Accordingly, in relation to an application requesting an investigation into the application of safeguard measures, the impact of a domestic producer’s decision to oppose the application of safeguard measures is less clear, particularly in light of:
- The provisions concerning the grounds for initiating a safeguard investigation under Article 93.1; and
- The provisions concerning the right of a representative of the domestic industry to submit an application under Article 70.1 of the Law on Foreign Trade Management, which governs the order and procedures for conducting trade remedy investigations.
3.2. INVESTIGATION STAGE OF THE TRADE REMEDY INVESTIGATING AUTHORITY
Organizations and individuals concerned, including domestic producers, must register with the investigating authority and obtain the investigating authority’s approval as interested parties in the investigation in order to participate in the investigation and exercise the corresponding rights and perform the corresponding obligations.
Pursuant to Article 74 of the Law on Foreign Trade Management and Article 6 of Circular 26, the following organizations and individuals are not required to complete the registration procedure or obtain approval from the investigating authority as interested parties:
(i) Organizations and individuals that have submitted an application requesting the application of trade remedy measures;
(ii) Foreign organizations and individuals that produce or export into the territory of Vietnam the goods subject to the investigation; and
(iii) The government and competent authorities of the country exporting the goods under investigation.
The following organizations and individuals are required to complete the registration procedure and obtain approval from the investigating authority as interested parties:
(i) Organizations and individuals importing the goods under investigation;
(ii) Foreign associations whose members are predominantly organizations or individuals producing or exporting the goods under investigation;
(iii) Domestic organizations and individuals producing like goods, including supporters or opponents of the application who have not submitted an application requesting an investigation;
(iv) Domestic associations whose members are predominantly organizations or individuals producing like goods; and
(v) Other organizations and individuals having lawful rights and interests related to the investigation, or that may assist the investigation process, including organizations representing and protecting consumer interests.
It should be noted that Decree 86 and Circular 26 classify organizations and individuals participating in trade remedy proceedings into different groups, with different rights and obligations, as follows.
3.2.1. GROUP 1: APPLICANTS, RESPONDENTS AND RELATED PARTIES
Group 1 comprises:
- Applicants;
- Respondents; and
- Parties having a relationship with an applicant or respondent in the trade remedy proceeding, including affiliated or related parties.
Group 1 is subject to the rights and obligations applicable to applicants and respondents under Article 6 of Decree 86, including the following:
3.2.1.1. Rights
a) Access to information
To access information submitted to the investigating authority by other interested parties, except for information protected as confidential in accordance with the applicable regulations;
b) Submission of comments
To submit comments on draft investigation findings, draft findings on the review of the application of trade remedy measures and draft findings on the investigation of circumvention of trade remedy measures within seven (7) days from the date on which the investigating authority sends the draft for comments;
c) Requests for extensions
To request the investigating authority to extend the deadline for submitting information or the deadline for responding to an investigation questionnaire;
d) Confidentiality requests
To request confidential treatment of information in accordance with the applicable regulations;
- dd) Participation in consultations and submission of evidence
To participate in consultations, present views and provide evidence and documents relevant to the trade remedy proceeding;
e) Authorization
To authorize another party to represent it in participating in the resolution of the trade remedy proceeding;
g) Requests for separate consultations
To request the investigating authority to conduct separate consultations in accordance with Clause 2, Article 14 of Decree 86; and
h) Complaints and legal proceedings
To file complaints or initiate legal proceedings against decisions of the Minister of Industry and Trade in accordance with the laws governing complaints and legal proceedings concerning administrative decisions.
3.2.1.2. Obligations
a) Ensuring the completeness and accuracy of information
To ensure that the evidence, information and documents it provides are complete, truthful and accurate;
b) Timely provision of information
To provide complete, truthful and accurate evidence, information and documents at the request of the investigating authority and within the prescribed deadline; and
c) Compliance with decisions
To comply with decisions of the Minister of Industry and Trade.
It should be noted that Article 5.1 of Decree 86 regulates “producers of like goods determined to have a relationship with organizations or individuals exporting or importing goods subject to a trade remedy investigation pursuant to Clause 1, Article 69 of the Law on Foreign Trade Management.”
Meanwhile, Article 7.2 of Circular 26 regulates “interested parties having an affiliated relationship with the applicant and respondent in a trade remedy proceeding.”
3.2.2. GROUP 2: OTHER INTERESTED PARTIES
Group 2 comprises other interested parties referred to in Article 74.1 of the Law on Foreign Trade Management, excluding the organizations and individuals specified in Points (a), (b), (c), (d) and (dd) of Article 74.1 of the Law on Foreign Trade Management.
The rights and obligations of Group 2 are provided in Article 7.1 of Circular 26, including the following:
a) Provision of information and documents
To provide truthful information and necessary documents relating to the trade remedy investigation, either based on the party’s own position or at the request of the investigating authority;
b) Confidentiality requests
To request the investigating authority to keep information confidential in accordance with Article 11 of Circular 26;
- c) Access to investigation information
To access information concerning the trade remedy investigation held by the investigating authority, except for information protected as confidential under Article 11 of Circular 26; and
d) Participation in consultations
To participate in consultations, present views and provide evidence and documents relevant to the trade remedy proceeding.
During the investigation stage, interested parties should focus on monitoring the progress of the investigation and exercising their rights, including:
(i) Participating in consultations, presenting views, providing information and documents, and submitting requests;
(ii) Requesting confidential treatment of information; and
(iii) Providing comments on draft preliminary findings, draft investigation findings, undertakings by producers or exporters of the goods under investigation, or undertakings by the government of the country from which the goods under investigation originate.
The specific rights and obligations of interested parties in an investigation into the application of trade remedy measures will be analyzed in another article.
3.3. STAGE OF APPLICATION OF TRADE REMEDY MEASURES
3.3.1. Right to Request an Investigation into Circumvention of Trade Remedy Measures
Circumvention of trade remedy measures means conduct intended to evade part or all of the obligations to implement a trade remedy measure that is currently in force with respect to goods subject to that measure when imported into the territory of Vietnam, pursuant to Article 72.1 of the Law on Foreign Trade Management.
3.3. STAGE OF APPLICATION OF TRADE REMEDY MEASURES
3.3.1. Right to Request an Investigation into Circumvention of Trade Remedy Measures
Pursuant to Article 72.3 of the Law on Foreign Trade Management, the investigating authority may conduct an investigation into circumvention of trade remedy measures based on:
(i) A request submitted by a representative of the domestic industry; or
(ii) Information obtained by the investigating authority.
It should be noted that the right to request an investigation into circumvention of trade remedy measures is available only to an organization, individual or group of organizations or individuals that satisfies the conditions for being considered representative of the domestic industry. This right is not available to every domestic producer.
3.3.2. Right to Request a Review of the Application of Trade Remedy Measures
3.3.2.1. Requests for Review of Anti-Dumping and Countervailing Measures
Except for requests for an annual periodic review and requests for a sunset review of anti-dumping or countervailing measures, the Law on Foreign Trade Management and Decree 86 provide that interested parties may submit a request for review at any time after anti-dumping or countervailing measures have been officially applied, in relation to the following types of review:
(i) A new exporter review, applicable to anti-dumping and countervailing measures;
(ii) A review of the scope of goods subject to the measures, applicable to anti-dumping and countervailing measures; and
(iii) A changed-circumstances review, applicable to countervailing measures.
3.3.2.2. Requests for Review of Safeguard Measures
Under the Law on Foreign Trade Management, interested parties, including domestic producers, have the right to request a mid-term review and a final review within the prescribed periods.
In relation to a request for a review of the scope of goods subject to safeguard measures, the request may be submitted at any time after the safeguard measures have been officially applied.
3.3.2.3. Requests for Review of Measures against Circumvention of Trade Remedy Measures
The Law on Foreign Trade Management does not specifically prescribe the conditions for exercising the rights of a representative of the domestic industry, a domestic producer or an interested party in requesting a review of measures against circumvention of trade remedy measures.
However, the provisions of Decree 86 indicate that a review investigation concerning measures against circumvention of trade remedy measures may be conducted based on a request from interested parties where there are grounds for requesting the amendment or extension of such measures.
An interested party may submit a request for review of measures against circumvention of trade remedy measures at any time after those measures have been applied.
Decree 86 also provides that the right to request an investigation or review of the application of measures against circumvention of trade remedy measures may be exercised by the following organizations and individuals:
(i) Domestic producers;
(ii) Foreign producers and exporters;
(iii) New exporters;
(iv) Importers; and
(v) Organizations and individuals using imported goods.
3.3.3. Right to Request an Exemption from the Application of Trade Remedy Measures
Circular 26 provides that individuals, organizations or branches of organizations that import or use goods under investigation or subject to trade remedy measures for production purposes, as well as other organizations and individuals designated by the Minister of Industry and Trade, have the right to submit an application requesting an exemption from trade remedy measures applicable to imported goods in the following circumstances:
(i) The goods are included in the list of goods eligible for consideration for exemption as specified in the decision applying trade remedy measures or in a decision on the review results of the relevant case;
(ii) The domestic industry concerned in the relevant case is unable to produce the goods;
(iii) The goods have characteristics different from those of domestically produced goods, and the domestically produced goods cannot substitute for them;
(iv) The goods are a special product within the category of like goods or directly competitive goods produced domestically;
(v) Like goods or directly competitive goods produced domestically are not sold on the domestic market under normal conditions, or the domestic industry experiences a supply shortage due to force majeure; and
(vi) The imported goods included in the total quantity for which exemption is requested under Points (i) to (v) of this Section are used for research, development or other non-commercial purposes.
4. PRACTICAL RECOMMENDATIONS FOR DOMESTIC PRODUCERS
The exercise of rights in trade remedy proceedings does not depend solely on whether a domestic producer has the right to submit an application or participate in an investigation. It also depends significantly on the producer’s ability to prepare data, coordinate within the domestic industry and strictly comply with administrative procedural deadlines.
Based on the provisions analyzed above, domestic producers should consider the following recommendations.
4.1. Establish an Early-Warning Mechanism to Monitor Risks from Imported Goods
Domestic producers should establish a periodic monitoring mechanism covering import volumes, import prices, market selling prices, market share, the level of competition, and developments relating to like goods or directly competitive goods.
Monitoring should be conducted before the injury becomes serious, rather than only after the enterprise has already experienced a significant loss of market share or production capacity.
Data should be maintained by period and should be capable of being reconciled with the enterprise’s sales, production volume, revenue, costs, profits, inventory, labour and capacity-utilization data.
This constitutes an important basis for assessing injury trends and demonstrating the relationship between imported goods and injury to the domestic industry.
4.2. Correctly Determine the Enterprise’s Procedural Status and Participation Strategy
Before participating in a proceeding, a domestic producer should clearly determine which category it belongs to, including:
- Applicant;
- Supporter;
- Opponent;
- Related interested party; or
- Other interested party.
The determination of the enterprise’s procedural status may affect:
- The scope of its right to access information;
- Its obligation to provide data;
- Its ability to submit comments; and
- The method by which it protects its business interests.
In anti-dumping and countervailing proceedings, enterprises should pay particular attention to the requirement that the domestic industry be adequately represented.
An enterprise should not automatically assume that being adversely affected by imported goods means that it is, by that fact alone, qualified to represent the entire domestic industry.
4.3. Prepare a Structured Data Set Demonstrating Injury and Causation
Domestic producers should prepare in advance a structured data file containing, at a minimum, the following information:
- Production volume, production capacity and capacity utilization;
- Revenue, selling prices and profits;
- Production costs;
- Inventory;
- Market share;
- Labour;
- Investment activities;
- Import data and import prices; and
- Information concerning customers, distribution channels and changes in competition.
The data should be consistent in terms of reporting periods, units of measurement, accounting methods and supporting sources.
Enterprises should also clearly distinguish between injury arising from imported goods and injury arising from other factors, such as:
- Changes in demand;
- Technological changes;
- Raw material costs;
- Internal management; or
- Changes in market structure.
An analysis of other relevant factors helps reduce the risk that the data will be considered incomplete or insufficient to establish a causal relationship.
4.4. Control Information Quality and Comply with Deadlines
Information provided to the investigating authority must be complete, truthful and accurate.
An enterprise should appoint a focal point responsible for coordinating among its legal, finance and accounting, sales, production, import-export and data-management departments.
For each request for information or investigation questionnaire, the enterprise should establish:
- A deadline-monitoring schedule;
- An internal review process; and
- An approval mechanism before submission.
Where additional time is required, the enterprise should proactively consider and submit a request for an extension within an appropriate period, rather than waiting until the deadline is imminent or missing the response deadline altogether.
4.5. PROACTIVE USE OF CONFIDENTIALITY, CONSULTATION AND COMMENT RIGHTS
Domestic producers should identify, from the document-preparation stage, information that contains trade secrets, commercially sensitive information, or data that may cause adverse consequences if disclosed. Requests for confidentiality should be properly substantiated. At the same time, enterprises should provide non-confidential summaries or appropriate explanations at the request of the Investigating Authority.
During the investigation, enterprises should proactively monitor draft findings, undertakings, consultation matters and documents that they are permitted to access. Participation rights should not be used merely to provide passive responses. Enterprises may use these rights to clarify data, challenge analytical methodologies and protect their positions through verifiable supporting documents.
4.6. MONITORING THE IMPLEMENTATION, REVIEW AND ANTI-CIRCUMVENTION STAGES
After a trade remedy measure has been imposed, domestic producers should not consider the case to have been completely concluded. Enterprises should continue monitoring import developments, changes in the origin of goods, trade patterns, the potential diversion of goods and the implementation of the imposed measure.
Where signs of circumvention arise or market conditions change, enterprises should assess whether they may exercise their right to request an anti-circumvention investigation or a review under the relevant regulations. Maintaining data on a continuous basis will provide enterprises with a stronger evidentiary basis when demonstrating changed circumstances or the necessity of continuing, adjusting or reviewing a measure.
4.7. DEVELOPING A COORDINATION MECHANISM WITHIN THE DOMESTIC INDUSTRY
For cases that have a broad impact on an entire industry, domestic producers should consider establishing a coordination mechanism with other enterprises in the same industry, industry associations and professional consultants. Such a coordination mechanism should clarify the scope of shared data, confidentiality responsibilities, the method for reaching a common position and the representative responsible for working with the Investigating Authority.
Coordination should be conducted in compliance with competition law, trade-secret protection requirements and other relevant legal obligations. Enterprises should not exchange or share sensitive information beyond what is necessary to protect their lawful rights and interests in the trade remedy case.
4.8. REVIEWING THE APPLICABLE REGULATIONS BASED ON THE TIMING AND SPECIFIC CHARACTERISTICS OF EACH CASE
Before exercising their rights to file an application, participate in an investigation, request a review or request an anti-circumvention investigation, domestic producers should determine the legal provisions applicable to the relevant case. This determination should not depend solely on the time when the enterprise exercises its rights. It is also necessary to consider the time when the Investigating Authority receives a complete and valid application and the relevant transitional provisions.
For cases in which the Investigating Authority received a complete and valid application before Decree No. 86/2025/ND-CP or Circular No. 26/2025/TT-BCT came into effect, enterprises should examine the transitional provisions to determine whether the case will continue to be handled under the previous legal instruments.
In addition, the assessment of rights, obligations and participation strategies should be conducted based on the specific circumstances of each case, including the type of goods, the scope of the goods under investigation, the enterprise’s procedural status, the procedural timeline, injury-related data and decisions issued by the Investigating Authority or other competent authorities.
Accordingly, domestic producers should conduct a case-specific legal and documentary review before deciding whether to file an application, participate in an investigation or exercise their rights in a particular trade remedy case.
CONCLUSION
Vietnam’s trade remedy framework grants domestic producers various rights to protect their lawful interests against the impact of imported goods. These rights include the right to file an application where the applicable conditions are satisfied; participate in investigations; access non-confidential information; participate in consultations; request confidentiality; submit comments; lodge complaints or initiate legal proceedings in accordance with the law; and exercise certain rights relating to anti-circumvention investigations, reviews and exemptions.
However, the exercise of these rights requires domestic producers to prepare appropriate data, participation strategies and professional resources. A well-substantiated application or submission must not only reflect actual injury but also clarify the representativeness of the domestic industry, developments within the industry, the causal relationship and compliance with the legal conditions applicable to each trade remedy measure.
Therefore, domestic producers should approach trade remedies as a process of risk management and long-term market protection, rather than merely as a response after injury has already occurred. Early monitoring, systematic data retention, deadline control and proactive use of confidentiality and consultation rights will contribute to strengthening an enterprise’s ability to protect its interests throughout the process.
This article provides general information based on the legal instruments discussed, including the Law on Foreign Trade Management, Decree No. 86/2025/ND-CP and Circular No. 26/2025/TT-BCT. The assessment of rights, obligations and participation strategies in each case should be conducted based on the relevant documents, goods, market conditions and actual developments.
The application of trade remedy regulations, including transitional provisions, must be determined based on the date of receipt of the application, the procedural status and the specific characteristics of each case. Accordingly, domestic producers should conduct a case-specific legal and documentary review before deciding to exercise their statutory rights.
DISCLAIMER
This article provides general information based on the legal instruments discussed, including the Law on Foreign Trade Management, Decree No. 86/2025/ND-CP and Circular No. 26/2025/TT-BCT. The content and strategy for exercising domestic producers’ rights should be assessed based on the case file, goods, procedural timeline and specific circumstances of each case.
This article does not replace legal advice from a lawyer in relation to a particular case. Accordingly, the author and BFSC Law Firm recommend that readers should not use the information in this article as legal advice for resolving a similar situation. Every specific matter should be carefully examined, assessed and advised upon by experienced lawyers before any action is taken.
Clients requiring advice on trade remedy are invited to contact the BFSC Law Firm office in Hanoi:
Address: Office VP1040, 10th Floor, Pacific Place Building, 83B Ly Thuong Kiet Street, Cua Nam Ward, Hanoi, Vietnam
Telephone: (+84-24) 7108 2688
Email: [email protected]
For comments or contributions concerning this article, please contact the author:
Lawyer Phan Quang Chung at Hanoi Office
Telephone: (+84-24) 7108 2688 (Ext. 102)
Mobile: 0906 199 119
Email: [email protected]