Circular 26/2025/TT-BCT detailing a number of provisions on trade remedies

CIRCULAR
Detailing a number of provisions on trade remedies^[1]

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

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

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

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

The Minister of Industry and Trade promulgates the Circular detailing a number of provisions on trade remedies.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides in detail related parties in trade remedy cases; provision, collection and confidentiality of information and documents; official spoken and written language used in the investigation and review of trade remedy cases; management of the import of goods subject to investigation for application of trade remedies; and cases eligible for exemption from the application of trade remedies.

Article 2. Subjects of application

1. State management agencies competent to investigate, apply, review the application of, and handle, trade remedies and anti-circumvention measures.

2. Vietnamese and foreign traders, and other domestic and foreign agencies, organizations and individuals involved in the investigation, application, review of the application, and handling, of trade remedies and anti-circumvention measures.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Special products mean products having the same physical and chemical properties as the like products or directly competitive products that are domestically produced, but bearing certain characteristics, appearance features or quality criteria different from the like products or directly competitive products that are domestically produced.

2. Non-confidential information sheet means an information sheet that contains processed information details proposed to the Investigating Authority for confidentiality, thus enabling the recipient to truly understand the nature of such information without disclosing confidential details.

3. Trade Remedy Investigating Authority (below referred to as the Investigating Authority) means the Trade Remedies Authority of Vietnam under the Ministry of Industry and Trade.

Article 4. Official spoken and written language used in trade remedy cases

1. The official spoken and written language used in trade remedy cases is Vietnamese. Related parties may use the spoken and written languages of their nations but, in this case, an interpreter is required.

2. Information or documents not in Vietnamese that is/are provided by related parties shall be translated into Vietnamese. The related parties shall ensure the truthfulness and accuracy of, and take responsibility before law for, the translations.

Article 5. Management of the import of goods subject to investigation for application of trade remedies

1. The Investigating Authority shall monitor imported goods subject to investigation for application of trade remedies or anti-circumvention measures by collecting information on the import of goods subject to investigation during the investigation period and after the issuance of the decisions on investigation for application of trade remedies or anti-circumvention measures.

2. After the application of trade remedies or anti-circumvention measures, the Investigating Authority shall, on a quarterly basis, coordinate with customs offices in collecting information on the import of goods subject to application of trade remedies or anti-circumvention measures.

3. The Investigating Authority shall report to the Minister of Industry and Trade on the import of goods subject to application of trade remedies or anti-circumvention measures on a case-by-case basis.

Chapter II

RELATED PARTIES IN CASES INVOLVING INVESTIGATION FOR THE APPLICATION OR REVIEW OF THE APPLICATION OF TRADE REMEDIES OR ANTI-CIRCUMVENTION MEASURES

Article 6. Registration of related parties in cases involving investigation for the application or review of the application of trade remedies or anti-circumvention measures

1. After the Minister of Industry and Trade issues a decision on investigation for the application or review of the application of trade remedies or anti-circumvention measures, an organization or individual specified in Clause 1, Article 74 of the 2017 Law on Foreign Trade Management may register for participation in the case as a related party, except those specified at Points a, d and dd, Clause 1, Article 74 of the 2017 Law on Foreign Trade Management.

2. The Minister of Industry and Trade shall consider setting a time limit for registration as a related party for each case involving investigation for the application or review of the application of trade remedies or anti-circumvention measures which, however, must be 60 working days from the effective date of the decision on investigation for the application or review of the application of trade remedies or anti-circumvention measures.

3. The applying organization or individual shall make registration according to the related party registration application form provided in Appendix I to this Circular, and send it to the Investigating Authority within the time limit for registration as a related party for each case involving investigation for the application or review of the application of trade remedies or anti-circumvention measures.

4. Within 7 working days after receiving the related party registration application, the Investigating Authority shall confirm whether to approve or disapprove the applying organization or individual as a related party in the case. In case of disapproval, the Investigating Authority shall state the reason.

5. In case the applying organization or individual submits the related party registration application beyond the time limit specified in Clause 2 of this Article, the Investigating Authority may, within 7 working days after receiving the registration application, consider approving such organization or individual as a related party in the case.

Article 7. Related parties in cases involving investigation for the application or review of the application of trade remedies or anti-circumvention measures

1. Related parties specified in Clause 1, Article 74 of the 2017 Law on Foreign Trade Management, except the organizations and individuals specified at Points a, b, c, d and dd, Clause 1, Article 74 of the 2017 Law on Foreign Trade Management.

2. Related parties that have related-party relationships with the requesting party and the respondent in a trade remedy case as defined in the following cases:

a/ One party directly or indirectly controls the other;

b/ Both parties are directly or indirectly controlled by a third party;

c/ Both parties directly or indirectly control a third party;

d/ One party is deemed to control the other under Clause 2, Article 5 of the Government’s Decree No. 86/2025/ND-CP of April 11, 2025, detailing a number of articles of the 2017 Law on Foreign Trade Management regarding trade remedies (below referred to as Decree No. 86/2025/ND-CP).

Article 8. Rights and obligations of related parties in cases involving investigation for the application or review of the application of trade remedies or anti-circumvention measures

1. Related parties specified in Clause 1, Article 7 of this Circular have the following rights and obligations:

a/ To provide truthful information and necessary documents related to trade remedy investigation cases in their own views or at the request of the Investigating Authority;

b/ To request the Investigating Authority to keep information confidentiality under Article 11 of this Circular;

c/ To access the Investigating Authority’s information on the trade remedy investigation cases, except confidential information specified in Article 11 of this Circular;

d/ To participate in consultation sessions and express their opinions and provide evidence and documents related to the trade remedy cases.

2. Related parties specified in Clause 2, Article 7 of this Circular have the rights and obligations provided in Article 8 of Decree No. 86/2025/ND-CP.

Chapter III

PROVISION AND COLLECTION OF INFORMATION AND DOCUMENTS AND CONFIDENTIALITY OF INFORMATION AND DOCUMENTS

Article 9. Provision and collection of information and documents in cases involving investigation for the application or review of the application trade remedies or anti-circumvention measures

1. The provision and collection of information and documents in cases involving investigation for the application or review of the application trade remedies or anti-circumvention measures must comply with Article 75 of the 2017 Law on Foreign Trade Management. Producers and exporters that are not subject to anti-circumvention measures as specified in Article 96 of Decree No. 86/2025/ND-CP shall provide information using the form provided in Appendix IV of this Circular.

2. If a related party rejects access by the Investigating Authority to information and documents or refuses to provide information or documents as requested, the Investigating Authority may use the information and documents provided by related parties or collected by itself or available information and documents.

Article 10. Information and documents subject to disclosure in cases involving investigation for the application or review of the application trade remedies or anti-circumvention measures

Upon request of related parties, the Investigating Authority shall consider providing disclosure sheets of the following information and documents:

1. Dossiers of request for investigation for the application or review of the application of trade remedies or anti-circumvention measures submitted by the requesting party, together with annexes;

2. Documents provided by related parties for registration for participation in the cases;

3. Questionnaire responses and supplementary questionnaire responses submitted by related parties during the investigation process;

4. Documents submitted by related parties to the Investigating Authority during the investigation for the application or review of the application trade remedies or anti-circumvention measures, including materials for organizing consultations, and opinions on the dossiers of request for investigation for the application or review of the application of trade remedies or anti-circumvention measures provided by related parties;

5. Meeting minutes or briefs of public consultation sessions related to the investigation cases, prepared by the Investigating Authority;

6. Notices issued by the Investigating Authority and the Minister of Industry and Trade, including notices of the receipt of dossiers of request for investigation for the application or review of the application of trade remedies or anti-circumvention measures; preliminary conclusions, final conclusions, related party registration application forms, and questionnaires, materials of public consultation sessions, papers stating limitation of the scope of sample investigation, and approval or disapproval of commitment proposals;

7. Other information relating to the cases involving investigation for the application or review of the application or trade remedies or anti-circumvention measures as deemed appropriate for disclosure by the Investigating Authority during the investigation process.

Article 11. Confidentiality of information and documents in cases involving investigation for the application or review of the application trade remedies or anti-circumvention measures

1. The Investigating Authority shall consider and approve requests for keeping of confidentiality of information provided by related parties in cases involving investigation for the application or review of the application trade remedies or anti-circumvention measures, including:

a/ Trade secrets relating to the nature of a product or production process;

b/ Non-public information on an enterprise’s production and business activities and financial status, including: production costs; costs of goods sold; sale terms; sale prices of specific and expected transactions or other offers; information on customers, distributors and suppliers; and financial information;

c/ Information on the dumping margin of each enterprise in the anti-dumping investigation case;

d/ Information on the benefit amount to be received by the respondent under each subsidy program under investigation or review in the countervailing investigation case, excluding information describing activities of the program and benefit amounts recorded in documents or made public; and subsidy rate calculated per sale transaction for each respondent under a given program;

dd/ Other information deemed by the Investigating Authority that, once disclosed, is likely to cause significant harm to the information provider or the person from whom the information provider collects the information, or is likely to significantly affect the competitive advantage of the information provider.

2. If disapproving the request for confidentiality, the Investigating Authority shall, within 45 days after receiving the request, issue a notice, stating the reason.

Chapter IV

EXEMPTION FROM APPLICATION OF TRADE REMEDIES

Section 1

SCOPE, PERIOD AND ELIGIBLE SUBJECTS OF, AND CRITERIA FOR, EXEMPTION FROM APPLICATION OF TRADE REMEDIES

Article 12. Scope of exemption from application of trade remedies

1. The Minister of Industry and Trade shall consider exemption from the application of trade remedies in certain specific cases in adherence to the principle that such exemption does not reduce the overall effectiveness of the trade remedies.

2. Imported goods subject to trade remedies may be considered for exemption from the application of trade remedies in one of the following cases:

a/ The goods are on the list of goods eligible for exemption consideration as stated in the decision on the application of trade remedies or in the decision on review of each specific case;

b/ The goods cannot be produced by the domestic industry in the corresponding case;

c/ The goods have characteristics different from domestically produced goods while the latter are unsubstitutable;

d/ The goods are special products of the like goods or directly competitive goods that are domestically produced;

dd/ The like goods or directly competitive goods that are domestically produced are not available on the domestic market under the same normal conditions or due to force majeure events, resulting in a shortage of supply in the domestic industry;

e/ The goods are within the total quantity proposed for the exemption as specified at Points a thru dd, Clause 2 of this Article, intended for research, development and other non-commercial purposes.

Article 13. Period of exemption from application of trade remedies

1. The total period of exemption from the application of a trade remedy must not exceed the effective period of the corresponding trade remedy. The Minister of Industry and Trade shall consider and decide on the exemption period for dossiers of request for exemption from the application of trade remedies in one of the cases specified in Clauses 2, 3 and 4 of this Article.

2. For dossiers of request for exemption from the application of provisional trade remedies specified at Point a, Clause 1, Article 17 of this Circular, the exemption period shall be counted from the effective date of the provisional trade remedies until the expiration of the period of application of such provisional trade remedies.

3. For dossiers of request for exemption from the application of trade remedies specified at Point b, Clause 1, Article 17 of this Circular, the exemption period shall be counted from the effective date of the trade remedies through December 31 of a year. In case an official trade remedy becomes effective in October, November or December of a year, the exemption period shall be counted from the effective date of the decision on the application of the official trade remedy thru December 31 of the subsequent year.

4. For dossiers of request for exemption from the application of trade remedies specified at Point c, Clause 1, Article 17 of this Circular, the exemption period shall be counted from January 1 to December 31 of the year in which such a dossier is received.

5. For dossiers of request for exemption from the application of trade remedies specified at Point d, Clause 1, Article 17 of this Circular, the exemption period shall be counted from January 1 to December 31 of the subsequent year.

6. For dossiers of request for supplementary exemption from the application of trade remedies received by the Investigating Authority specified in Clause 4, Article 17 of this Circular, the supplementary exemption period shall be counted based on the exemption period stated in the initial exemption decision.

Article 14. Applicants for exemption from application of trade remedies

Applicants for exemption from the application of trade remedies include:

1. Individuals, organizations or branches of organizations that import or use the goods under investigation for application of trade remedies for production purpose;

2. Other organizations or individuals as decided by the Minister of Industry and Trade.

Article 15. Criteria for and forms of exemption from application of trade remedies

1. In each specific case, the consideration for the goods to be exempt from the application of trade remedies within the scope specified in Article 12 of this Circular shall be based on one or more of the following criteria:

a/ Composition; physical properties; chemical properties; standards and technical regulations; and intended use of the goods proposed for the exemption;

b/ The domestic industry’s ability to produce the like goods or directly competitive products in relevant cases as compared to the goods proposed for the exemption;

c/ The substitutability of the like goods or directly competitive products domestically produced for the goods proposed for the exemption;

d/ Conclusions and opinions of competent agencies, organizations and business and trade associations, and other relevant technical documents regarding the goods proposed for the exemption; and technical regulations and standards applicable to the goods proposed for the exemption.

2. In each specific case, the exemption from the application of trade remedies may be considered and granted in a limited quantity/volume and intended use of the goods proposed for the exemption.

3. The Minister of Industry and Trade may consider refusing to grant exemption from the application of trade remedies for goods subject to trade remedies in the following cases:

a/ The exemption is likely to lead to fraudulent acts that aim to circumvent the application of trade remedies;

b/ The organization/individual previously granted the exemption from the application of trade remedies for such goods has been found uncooperative or improperly cooperative when their cooperation is requested by the post-exemption inspection team of the Investigating Authority.

Section 2

RECEIPT AND PROCESSING OF DOSSIERS OF REQUEST FOR EXEMPTION FROM APPLICATION OF TRADE REMEDIES

Article 16. Dossiers of request for exemption from application of trade remedies, dossiers of request for supplementary exemption from application of trade remedies

1. A dossier of request for exemption from the application of trade remedies (below referred to as exemption request dossier) must comprise:

a/ A request for exemption from the application of trade remedies, made according to the form provided in Appendix II to this Circular;

b/ Descriptions of the imported goods proposed for the exemption, including: scientific name, trade name, common name; basic physical and chemical properties; main use purpose; production process; international and Vietnamese standards and technical regulations; and headings according to Vietnam’s Nomenclature of Imports and Exports;

c/ Documents, materials or samples proving the difference between the goods proposed for the exemption and the like goods or directly competitive products domestically produced, for the cases specified at Points c and d, Clause 2, Article 12 of this Circular;

d/ Information on and images of the applicant’s production facilities, production lines and production processes that use the goods proposed for the exemption as input materials;

dd/ Consumption norms as specified by law or projected consumption norms and rates of scraps, discarded products, and excess materials and supplies of the imported goods proposed for the exemption;

e/ A list of import declaration forms showing the volume/quantity and import value of the goods proposed for the exemption in the last 2 years and the current year (if any);

g/ Reports on input-output-inventory of the goods proposed for the exemption and the products produced therefrom in the last 2 years and the current year (if any);

h/ Documents showing the demand for volume/quantity of the goods proposed for the exemption, such as production and sale plans; contracts signed with customers; approval documents for ongoing projects; or other relevant documents;

i/ Other documents provided by the applicant to justify the necessity of the exemption request.

2. In case an organization/individual submits a dossier of request for supplementary exemption from the application of trade remedies for the quantity of goods already granted the exemption (below referred to as supplementary exemption request dossier) to the Investigating Authority as specified in Clause 4, Article 17 of this Circular, the supplementary exemption request dossier must comprise:

a/ A written request for (supplementary) exemption from the application of trade remedies, made according to the form provided in Appendix II to this Circular;

b/ A reconciliation sheet showing the quantity of imported goods eligible for the exemption, and a List showing the volume/quantity and import value of the goods eligible for the supplementary exemption per import declaration form;

c/ Reports on input-output-inventory of the goods proposed for the exemption and the products produced therefrom in the last year and the current year;

d/ Production plan for the subsequent period;

dd/ Other documents provided by the applicant to justify the necessity of the request for supplementary exemption.

Article 17. Notification of receipt of exemption request dossiers and supplementary exemption request dossiers

1. The Investigating Authority shall notify the receipt of exemption request dossiers as follows:

a/ Within 7 working days after the Ministry of Industry and Trade issues the decision on the application of provisional trade remedies;

b/ Within 7 working days after the Ministry of Industry and Trade issues the decision on the application of official trade remedies or the decision on extension of the application of official trade remedies or the decision on review of the scope of products;

c/ On the first working day of March and September every year; or,

d/ On the first working day of October every year.

2. In case of any change in trade remedies, the Investigating Authority shall promptly notify such change to the applicants for them to work out appropriate business plans.

3. Within 30 days after the Investigating Authority notifies the receipt of exemption request dossiers, the applicant shall send an exemption request dossier specified in Article 16 of this Circular to the Investigating Authority, except the case specified in Clause 4 of this Article or other cases as decided by the Minister of Industry and Trade.

4. If an applicant wishes to apply for supplementary exemption from the application of trade remedies for the quantity of goods already granted the exemption, it/he/she shall submit a supplementary exemption request dossier specified in Clause 2, Article 16 of this Circular to the Investigating Authority at any time.

Article 18. Submission of exemption request dossiers and supplementary exemption request dossiers

Organizations and individuals may submit exemption request dossiers or supplementary exemption request dossiers and accompanying relevant product samples in one of the following forms:

1. By hand-delivery to the Investigating Authority;

2. By post;

3. Via the Online Public Service Portal in accordance with law.

Article 19. Appraisal of exemption request dossiers and supplementary exemption request dossiers

1. Within 7 working days after receiving an exemption request dossier or a supplementary exemption request dossier, the Investigating Authority shall notify the applicant of the completeness and validity of the dossier. If the dossier is incomplete or invalid, the Investigating Authority shall notify such to the applicant for supplementing the dossier.

2. Within 20 days after the Investigating Authority issues a notice requesting supplementation of the dossier, the applicant shall provide complete and accurate information details as requested. If receiving no additional information beyond the above time limit, the Investigating Authority shall notify the applicant of its refusal to process the dossier.

3. Within 35 days after notifying that the dossier is complete and valid, the Investigating Authority shall appraise the dossier and report thereon to the Minister of Industry and Trade for the latter to consider and decide on exemption from the application of trade remedies. In case of refusing to grant the exemption, he/she shall state the reason.

4. During the appraisal of the exemption request dossier submitted for the first time by the applicant, if having a doubt about the accuracy of the provided information and documents, the Investigating Authority may carry out an on-site inspection of production facilities and production lines to verify the truthfulness and accuracy of the provided information and documents after notifying the inspection plan and receiving the applicant’s consent.

Article 20. Contents and notification of decisions on exemption from application of trade remedies or decisions on supplementary exemption from application of trade remedies

1. A decision on exemption from the application of trade remedies or a decision on supplementary exemption from the application of trade remedies must comprise:

a/ Name of the organization/individual entitled to the exemption;

b/ Names of the imported goods eligible for the exemption;

c/ Volume/quantity of the imported goods eligible for the exemption;

d/ Exemption period;

dd/ Conditions and obligations of the organization/individual entitled to the exemption.

2. The Investigating Authority shall send decisions on exemption from the application of trade remedies or decisions on supplementary exemption from the application of trade remedies to the applicants and post such decisions on the Portal of the Ministry of Industry and Trade and the website of the Investigating Authority.

Article 21. Customs procedures and customs inspection for goods eligible for exemption from application of trade remedies

1. Goods eligible for exemption from the application of trade remedies must undergo customs procedures and be subject to inspection and supervision by customs offices in accordance with the customs law.

2. When carrying out customs procedures, in addition to the required customs dossiers, importers shall submit a copy of the exemption decision to customs offices.

3. Customs offices shall manage and monitor the quantity of imported/exported goods based on the quantity of goods eligible for the exemption as stated in the exemption decision. The reconciliation of the quantity of imported/exported goods must comply with the customs law.

Article 22. Refund of trade remedy duties for goods eligible for exemption from application of trade remedies

1. In case imported goods are eligible for exemption from the application of trade remedies, the applicants shall be entitled to refund of the paid trade remedy duty amounts for the imported goods shipments with customs declaration forms registered during the exemption period stated in the exemption decisions.

2. The procedures for refund of trade remedy duties mentioned in Clause 1 of this Article must comply with the law on tax administration.

Article 23. Periodical reporting

1. Periodically, organizations and individuals entitled to exemption from the application of trade remedies shall submit paper or electronic reports on the import and use of the goods eligible for the exemption and the compliance with accompanying conditions and obligations to the Investigating Authority before:

a/ February 1 every year, for reports of the second half of the preceding year;

b/ August 1 every year, for reports of the first half of the current year.

2. The reports shall be made according to the forms provided in Appendix III to this Circular.

Article 24. Disposal of scraps, discarded products, and excess materials and supplies

1. Scraps, discarded products, and excess materials and supplies within the norms specified at Point dd, Clause 1, Article 16 of this Circular may be sold or consumed domestically without being subject to trade remedy duties.

2. Scraps, discarded products, and excess materials and supplies beyond the norms specified at Point dd, Clause 1, Article 16 of this Circular shall, when sold or consumed domestically, be subject to trade remedy duties and other taxes in accordance with law.

Section 3

POST-EXEMPTION INSPECTION AND REVOCATION OF DECISIONS ON EXEMPTION FROM APPLICATION OF TRADE REMEDIES

Article 25. Post-exemption inspection

1. The post-exemption inspection shall be carried out by the risk management method as prescribed by law to select objects, scope and contents of the inspection for organizations and individuals entitled to the exemption.

2. The post-exemption inspection aims to inspect and identify the satisfaction of conditions for, and compliance with the regulations on, exemption from application of trade remedies.

3. Contents of post-exemption inspection include:

a/ Inspecting and verifying the legal status of organizations and individuals entitled to the exemption;

b/ Inspecting and verifying the accuracy of the information on the goods eligible for the exemption based on dossiers of application for the exemption sent to the Investigating Authority;

c/ Inspecting the completeness, lawfulness and validity of customs dossiers, accounting books, financial statements, documents and data related to imported goods eligible for the exemption;

d/ Inspecting the applicants’ satisfaction of conditions and fulfillment of obligations stated in the exemption decisions;

dd/ Inspecting and verifying the norms for use of raw materials, consumption of supplies and excess raw materials or supplies for the goods eligible for the exemption;

e/ Inspecting and verifying the substandard rates of the goods eligible for the exemption.

Article 26. Performance of post-exemption inspection

1. Based on the Investigating Authority’s proposal, the Minister of Industry and Trade shall decide on a post-exemption inspection plan. An inspection group shall be formed by the Investigating Authority to perform the inspection according to the scope, time and contents specified in the inspection decision. The head of the inspection group must be a civil servant of the Investigating Authority.

2. The Investigating Authority shall, before performing the inspection, send to the organization/individual entitled to the exemption a notice of the post-exemption inspection plan and decision in accordance with law and inspection regulations.

3. The inspected organization/individual shall assign its/his/her competent representative and related personnel to provide dossiers and documents as requested, and work directly with the inspection group on inspection contents.

4. During the post-exemption inspection process, the Investigating Authority is competent to collect documents and conduct verification by requesting related organizations and individuals or those capable of providing support, to clarify doubtful and unreasonable issues or signs of law violation. The collection and verification activities are as follows:

a/ Requesting state management agencies, and competent or related organizations and individuals to cooperate in collecting documents and conducting verification;

b/ Conducting the verification by the method of sending written requests and requiring written feedback; or assigning personnel to work directly with related agencies, organizations or individuals as stated in introduction letters of the verification requesters;

c/ Recording the verification results in working minutes; official letters on responses; or accompanying dossiers, documents and exhibits. The verification results shall serve as grounds for consideration of a case.

Article 27. Results of post-exemption inspection

1. Based on the inspection results, the inspection group shall prepare a minutes right after completing the inspection at the place of inspection and report the inspection results to the agency that has issued the inspection decision.

2. Based on the inspection results, the inspection group shall propose the inspection decision-issuing agency to apply appropriate solutions or carry out procedures for transferring the dossier on the violation act of the concerned organization/individual to the competent agency in accordance with law.

3. The inspection decision-issuing agency shall, based on the inspection group’s report, issue an inspection conclusion. In case the inspection group makes a proposal as specified in Clause 2 of this Article, the head of the inspection group shall send the draft inspection conclusion to the inspected subject. If disagreeing with the draft inspection conclusion, the inspected subject shall, within 5 working days after receiving the draft inspection conclusion, submit its/his/her written feedback together with supporting documents to the inspection decision-issuing agency.

4. Past the time limit specified in Clause 3 of this Article, if the inspection decision-issuing agency receives no feedback from the inspected subject, the latter shall be deemed to agree with the contents of the draft inspection conclusion.

5. After the time limit for collecting the inspected subject’s feedback, the inspection group shall:

a/ Consider the explanations of the inspected subject or work with its/his/her competent representative if there remain divergent issues or those requiring clarification;

b/ Issue an inspection conclusion after obtaining opinions from specialized agencies or units, for cases involving professional or technical requirements or where the inspection group lacks grounds for making conclusion.

Article 28. Revocation of exemption decisions

1. The Minister of Industry and Trade shall consider revoking an issued exemption decision in case the organization/individual entitled to the exemption commits one of the following acts:

a/ Failing to comply with the exemption decision;

b/ Providing untruthful, incomplete or inaccurate information, or falsifying data, dossiers or documents related to its/his/her production and business activities;

c/ Failing to fulfill the periodical reporting obligation, or giving untruthful, incomplete or inaccurate information in the periodical reports as specified in Article 23 of this Circular.

2. The order and procedures for revocation of a decision on exemption from application of trade remedies are as follows:

a/ The Investigating Authority reports to the Minister of Industry and Trade upon detecting the acts specified in Clause 1 of this Article and proposes revocation of the decision on exemption from application of trade remedies;

b/ The Minister of Industry and Trade considers issuing a decision on revocation of the decision on exemption from application of trade remedies based on the Investigating Authority’s proposal;

c/ The Investigating Authority notifies the organization/individual whose decision on exemption from application of trade remedies is revoked and the customs office, and posts the decision on revocation of the decision on exemption from application of trade remedies on the Portal of the Ministry of Industry and Trade and the website of the Investigating Authority.

3. The Ministry of Industry and Trade shall coordinate with tax offices, customs offices and other competent agencies in handling organizations and individuals whose decisions on exemption from application of trade remedies are revoked, requiring retrospective collection or payment of tax or imposition of other measures in accordance with law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Circular takes effect on July 1, 2025.

2. From the effective date of this Circular, the following Circulars cease to be effective:

a/ The Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT of November 29, 2019, detailing a number of provisions on trade remedies;

b/ The Minister of Industry and Trade’s Circular No. 42/2023/TT-BCT of December 28, 2023, amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT of November 29, 2019, detailing a number of provisions on trade remedies.

3. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.

4. Any problems arising in the course of implementation of this Circular should be promptly reported to the Investigating Authority and the Ministry of Industry and Trade for consideration and settlement.

Article 30. Transitional provisions

Trade remedy cases for which investigation dossiers or dossiers of request for exemption from application of trade remedies have been received and determined to be complete and valid before the effective date of this Circular shall be considered and settled in accordance with the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT of November 29, 2019, detailing a number of provisions on trade remedies, which is amended and supplemented under Minister of Industry and Trade’s Circular No. 42/2023/TT-BCT of December 28, 2023.-

For the Minister of Industry and Trade
Deputy Minister
NGUYEN SINH NHAT TAN

* The Appendices to this Circular are not translated.