Circular 27/2025/TT-BCT amend Circular 14/2021/TT-BCT guiding the Free Trade Agreement regarding trade remedies

CIRCULAR

Amending and supplementing a number of articles of the Circular No. 14/2021/TT-BCT dated October 29, 2021 of the Minister of Industry and Trade, on guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland regarding trade remedies

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Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to the Government’s Decree No. 40/2025/ND-CP dated February 26, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 86/2025/ND-CP dated April 11, 2025, detailing a number of articles of the Law on Foreign Trade Management in terms of trade remedies;

To implement the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland;

At the proposal of the Director of the Trade Remedies Authority of Vietnam;

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of articles of the Circular No. 14/2021/TT-BCT dated October 29, 2021 of the Minister of Industry and Trade, on guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland regarding trade remedies.

Article 1. Amending and supplementing a number of articles of the Circular No. 14/2021/TT-BCT dated October 29, 2021 of the Minister of Industry and Trade, on guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom of Great Britain and Northern Ireland regarding trade remedies

1. To amend and supplement Clause 5 Article 3 as follows:

“5. Domestic industry in the investigation and application of bilateral safeguard measures means a group of manufacturers of similar goods or directly competitive goods within the territory of Vietnam or their representatives that contribute a major proportion in the aggregate output of domestically manufactured goods of such industry. The determination of major proportion of contribution by representatives of the domestic industry must comply with Point b Clause 2 and Clause 3 Article 4 of Decree No. 86/2025/ND-CP.”

2. To amend and supplement Clause 3 Article 6 as follows:

“3. The appraisal of dossiers of request, investigation and application of bilateral safeguard measures shall be carried out in conformity with the 2017 Law on Foreign Trade Management, Decree No. 86/2025/ND-CP, and this Chapter.”

3. To amend and supplement Article 7 as follows:

“Article 7. Dossiers of request for investigation for the application of bilateral safeguard measures

1. A dossier of request for investigation for the application of bilateral safeguard measures (referred to in this Chapter as a dossier of request) must comprise relevant papers, documents, and evidence as defined in Article 63 of Decree No. 86/2025/ND-CP.

2. A dossier of request for investigation for the application of bilateral safeguard measures specified in Article 63 of Decree No. 86/2025/ND-CP must have the following specific contents:

a) Information describing imported goods as defined in Clause 4 Article 63 of Decree No. 86/2025/ND-CP, being the information describing imported goods eligible for special preferential import duty rates under the Agreement that are subject to an investigation for the application of bilateral safeguard measures. In which, the information about goods headings must be based on the Special Preferential Export and Import Tariff for the implementation of the Agreement;

b) Information on volume, quantity and value of imported goods specified at Point a of this Clause during the period of 3 consecutive years prior to the date of submission of the request dossier;

c) Information, data and evidence on serious injury or threat of serious injury to the domestic industry as specified in Clause 7 Article 63 of Decree No. 86/2025/ND-CP, being the information, data and evidence during the period of 3 consecutive years prior to the date of submission of the request dossier. In case a domestic industry has operated for under 3 years, to-be-collected data are those in the entire operation duration of such domestic industry counted by the date of dossier submission;

d) Specific requirements on application of bilateral safeguard measures, and period and extent of application.”

4. To amend and supplement Clause 3 Article 10 as follows:

“3. Related parties in an investigation case may access information and documents which are provided by the other parties for the investigating authority as defined in Clause 3 Article 74 of the 2017 Law on Foreign Trade Management.”

Article 2. Implementation provisions

This Circular takes effect on July 01, 2025. In case legal normative documents mentioned herein are amended, supplemented or replaced, these new law regulations shall apply./.