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

CIRCULAR

Detailing a number of provisions on 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. 86/2025/ND-CP dated 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, dated February 26, 2025, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

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

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

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

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

Article 2. Subjects of application

1. State management agencies competent to investigate, apply, review the application of, and handle trade remedies, measures to combat the shirking of trade remedies.

2. Vietnamese and foreign traders, and other domestic and foreign agencies, organizations and individuals involved in the investigation, application and review for application of, and handling of trade remedies and measures to combat the shirking of trade remedies.

Article 3. Interpretation of terms

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

1. Special products means products having the same physical or chemical properties as domestically manufactured similar goods or directly competitive goods but having some characteristics, appearances or quality criteria different from domestically manufactured similar goods or directly competitive goods.

2. Non-confidential information sheet means an information sheet in which the information requested to be kept confidential by the investigation body has been processed, ensuring that the information recipient truly understands the nature of the information without disclosing confidential information.

3. The trade remedies investigation body (below referred to as the investigation body) means the Trade Remedies Authority of Vietnam under the Ministry of Industry and Trade.

Article 4. Spoken and written language used in trade remedy cases

1. Spoken and written language used in a trade remedy case is Vietnamese. Related parties may use spoken and written languages of their nations provided that an interpreter is required.

2. Information and documents not expressed in Vietnamese which are provided by related parties shall be translated into Vietnamese. 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 implementation body shall monitor imported goods subject to investigation for application of trade remedies or measures to combat the shirking of trade remedies by collecting information about the import of goods subject to investigation during the investigation period and after obtaining the decision on investigation for application of trade remedies or measures to combat the shirking of trade remedies.

2. After applying trade remedies or measures to combat the shirking of trade remedies, the investigation body shall, on a quarter basis, coordinate with the customs office in collecting information about the import of goods subject to the application of trade remedies or measures to combat the shirking of duties.

3. The investigation body shall report to the Minister of Industry and Trade on the import of goods subject to the application of trade remedies and measures to combat the shirking of trade remedies for each specific case.

Chapter II

RELATED PARTIES IN CASES OF INVESTIGATION FOR APPLICATION OR REVIEW FOR APPLICATION OF TRADE REMEDIES OR MEASURES TO COMBAT THE SHIRKING OF TRADE REMEDIES

Article 6. Registration of related parties in cases of investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies

1. After the Minister of Industry and Trade issues a decision on investigation or review for application of a trade remedy or measure to combat the shirking of trade remedies, the organizations and individuals specified in Clause 1, Article 74 of the 2017 Law on Foreign Trade Management may register for participation in the case as related parties, except for the organizations and individuals 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 and prescribe the time limit for registration of related parties in each case of investigation or review for application of trade remedies or measures to combat the shirking of trade remedies, which, however, must be at least 60 working days from the effective date of the decision on investigation or review for application of trade remedies or measures to combat the shirking of trade remedies.

3. Organizations and individuals shall make registration according to the form of registration of related parties provided in Appendix I to this Circular and send it to the investigation body within the time limit prescribed in the decision on investigation or review for application of trade remedies or measures to combat the shirking of trade remedies.

4. Within 7 working days after receiving a request for registration of a related party, the investigation body shall certify its approval or disapproval of the requester to be a related party of the cases. In case of disapproval, the investigation body shall clearly state the reason.

5. In case an organization or individual registers to be a related party after the time limit specified in Clause 2 of this Article, the investigation body may consider approving such organization or individual to be a related party of the case within 7 working days from the receipt of the registration application from the related party.

Article 7. Related parties in cases of investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies

1. Related parties as prescribed in Clause 1, Article 74 of the 2017 Law on Foreign Trade Management, except for 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. A related party having an affiliated relationship with the requesting party and the requested party in a trade remedy case shall be determined in the following cases:

a) Either party directly or indirectly controls the other party;

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

c) Both parties directly or indirectly control a third party.

d) A party is determined to control another party under Clause 2, Article 5 of the Government’s Decree No. 86/2025/ND-CP dated April 11, 2025, detailing a number of articles of the 2017 Law on Foreign Trade Management regarding trade remedies.

Article 8. Rights and obligations of related parties in cases of investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies

1. Related parties specified in Clause 1, Article 7 of this Circular may:

a) Provide truthful information and necessary materials relating to trade remedy investigation cases on their own initiative or at the request of the investigation body;

b) Request the investigation body to ensure information confidentiality under Article 11 of this Circular;

c) Have access to the investigation body’s information on trade remedy investigation cases, except the confidential information referred to in Article 11 of this Circular;

dd) Participate in consultations, express their views and provide evidence and materials relating to trade remedy cases.

2. Related parties specified in Clause 2, Article 7 of this Circular have rights and obligations under Article 8 of the Government’s Decree No. 86/2025/ND-CP dated April 11, 2025, detailing a number of articles of the 2017 Law on Foreign Trade Management regarding trade remedies.

Chapter III

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

Article 9. Provision and collection of information and documents in cases of investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies

1. The provision and collection of information and documents in cases of investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies shall comply with Article 75 of the 2017 Law on Foreign Trade Management. Manufacturers and exporters not subject to measures to combat the shirking of trade remedies specified in Article 96 of the Government’s Decree No. 86/2025/ND-CP dated April 11, 2025, detailing a number of articles of the 2017 Law on Foreign Trade Management regarding trade remedies, shall provide information according to the form provided in Appendix IV to this Circular.

2. If the related parties refuse to allow the investigation body to access, or refuse to provide the requested information or documents, the investigation body may use information or documents provided by related parties or collected itself, or use the available information or documents.

Article 10. Non-confidential information and documents in cases of investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies

When requested by related parties, the investigation body shall consider disclosing the following information and documents:

1. Dossiers of request for investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies provided by the requesting party, and enclosed appendices;

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

3. Questionnaires and additional questionnaires provided by related parties in the process of investigation of cases;

4. Documents provided by related parties to the investigation body in the process of investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies, including documents serving the organization of consultation meetings; opinions on dossiers of request for investigation for application, or review for application of trade remedies or measures to combat the shirking of trade remedies provided by related parties;

5. Minutes of meetings or briefs of contents of public consultation meetings relating to the investigation cases, made by the investigation body;

6. Notices of the investigation body and Minister of Industry and Trade, including notices of the receipt of dossiers of request for investigation or review for application of trade remedies or measures to combat the shirking of trade remedies, initial conclusions, final conclusions, and applications for registration of related parties; and questionnaires, information on public consultation meetings, information on the limit of the scope of model investigation, and approval or disapproval of commitment proposals;

7. The investigation shall consider disclosing other information relating to the cases of investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies during the investigation.

Article 11. Confidentiality of information and documents in cases of investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies

1. The investigation body shall consider and approve requests for confidentiality of information provided by related parties in cases of investigation for application or review for application of trade remedies or measures to combat the shirking of trade remedies, including:

a) Business secrets relating to the characteristics of a product or manufacturing process;

b) Confidential information about production and business activities and financial situation of enterprises, including production expenses; sale expenses; sale terms; sale price of each transaction, expected transaction or another offer; information about customers, distributors and suppliers; and financial information of enterprises;

c) Information about the dumping margin of each enterprise in the anti-dumping investigation case;

d) Information about the benefit amount entitled to by the requested party for each subsidy program subject to investigation or review in the countervailing investigation case, except the information describing the operation of the program, the benefit amount written in documents or published; and rate of subsidy for sale transactions which is calculated for every requested party under a program;

dd) Other information which, as identified by the investigation body, once disclosed, is likely to cause significant harm to the information provider or to the person from whom the information provider collects the information, or to cause significant impacts on the competitive advantages of the information provider.

2. If disapproving a request for information confidentiality, the investigation body shall clearly notify the reason within 45 days after receiving the request.

Chapter IV

EXEMPTION FROM TRADE REMEDIES

Section 1

SCOPE, TIME LIMIT, ELIGIBLE ENTITIES, AND CRITERIA FOR CONSIDERATION OF EXEMPTION FROM TRADE REMEDIES

Article 12. Scope of consideration for exemption from trade remedies

1. The Minister of Industry and Trade may consider exemption from a trade remedy in several cases on the principle that such exemption does not reduce the overall effectiveness of the trade remedy.

2. Imported goods subject to the application of trade remedies shall be consider exemption from trade remedies in one of the following cases:

a) Goods included in the list of consideration for exemptions provided in the decision on application of trade remedies or in decisions on review results of each specific case;

b) Goods cannot be manufactured by the domestic industry in the corresponding case;

c) Goods with characteristics different from non-substitutable domestically manufactured goods;

d) Goods being special products of domestically manufactured similar goods or directly competitive goods;

dd) Domestically manufactured similar goods or directly competitive goods not sold in the domestic market under the same normal conditions or in force majeure events, leading to supply shortage in the domestic industry;

e) Imports within the total amount requested for exemption as prescribed at Points a thru dd, Clause 2 of this Article serving research and development and other non-commercial purposes.

Article 13. Time limit of exemption from trade remedies

1. The total period for exemption from trade remedies must not exceed the validity period of corresponding trade remedies. The Minister of Industry and Trade shall consider deciding the time limit for exemption for dossiers of request for exemption from trade remedies according to any of the cases specified in Clauses 2, 3 and 4 of this Article.

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

3. For dossiers of request for exemption from trade remedies specified at Point b, Clause 1, Article 17 of this Circular, the period of exemption shall be counted from the effective date of such trade remedies until the end of December 31 of that year. If an official trade remedy takes effect on October, November or December, its exemption period shall be counted from the effective date of the decision on applying the official trade remedy to the end of December 31 of the following year.

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

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

6. For dossiers of request for additional exemption received by the investigation body under Clause 4, Article 17 of this Circular, the period of additional exemption shall be calculated based on the exemption period stated in the initial exemption decision.

Article 14. Entities requesting exemption from trade remedies

Entities requesting exemption from trade remedies include:

1. Individuals, organizations or branches of organizations importing or using goods subject to investigation for application of trade remedies for manufacture;

2. Other entities as decided by the Minister of Industry and Trade.

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

1. In each case, the consideration of goods requested for exemption from trade remedies under Article 12 of this Circular shall be based on one or more than one of the following criteria:

a) Composition; physical properties; chemical properties; standards and technical regulations; and use purposes of goods requested for exemption from trade remedies;

b) Possibility to domestically manufacture similar goods or directly competitive goods of the domestic industry in the corresponding case as compared to goods requested for exemption;

c) Possibility of substitution of domestically manufactured similar goods or directly competitive goods as compared to goods requested for exemption;

d) Conclusions and opinions of agencies, organizations, enterprise associations, industry associations, and other relevant technical documents regarding the goods for which exemption from trade remedies is requested; regulations and standards applicable to the goods requested for exemption from trade remedies.

2. In each case, the consideration of exemption from trade remedies shall be made in the form of restrictions on volume or quantity of goods eligible for exemption, and purposes of exemption.

3. The Minister of Industry and Trade shall consider not granting exemption from trade remedies for goods subject to trade remedies in the following cases:

a) Such exemption is likely to cause frauds aiming to shirk the application of trade remedies;

b) Organizations and individuals that have been granted exemption from trade remedies for such goods are concluded to be neither nor fully cooperative as requested by the investigation body’s post-exemption inspection teams.

Section 2

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

Article 16. Dossier of request for exemption from trade remedies, dossiers of request for additional exemption

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

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

b) Information describing imported goods requested for exemption, including scientific names, trade names and common names; basic physical and chemical properties; main use purpose; manufacturing process; applicable international and Vietnamese standards and technical regulations; and goods headings according to Vietnam’s Exports and Imports Classification Nomenclature;

c) Documents or samples proving the disparity between the goods requested for exemption and domestically manufactured similar goods or directly competitive goods in case the entity requests the exemption under Points c and d, Clause 2, Article 12 of this Circular;

d) Information and images regarding the facilities, production lines, and production process of products using input materials being the goods requested for exemption, provided by the exemption requester;

dd) Shrinkage norms as prescribed by law or expected use norms and the rate of scraps, discarded products, and surplus raw materials and supplies of materials being the imported goods requested for exemption;

e) A list of import declarations specifying the volume or quantity and import value of the goods requested for exemption of the latest 2 years and current year (if any);

g) An output-input-inventory report for the goods requested for exemption and the products manufactured from such goods over the past 2 years and the current year (if any);

h) Documents evidencing the demand for the volume and quantity of the goods requested for exemption, such as: production and sales plans; contracts signed with customers; approved results of ongoing projects or other relevant documents;

i) Other documents provided by the exemption requester to substantiate the necessity of the exemption request.

2. In case organizations or individuals submit a dossier of request for additional exemption from the application of trade remedies (hereinafter referred to as dossier of request for additional exemption) to the investigation body as prescribed in Clause 4, Article 17 of this Circular, such dossier must comprise:

a) A request for (additional) exemption from trade remedies, made according to the form provided in Appendix II to this Circular;

b) A record of self-monitoring the deducted volume of exemption-eligible imports, and a list specifying the volume, quantity, and import value of the additionally exempted goods by each import declaration;

c) An output-input-inventory report for the goods requested for exemption and the products manufactured from such goods in the most recent year and the current year (if any);

d) Manufacturing plan for the subsequent period;

dd) Other documents provided by the additional exemption requester to substantiate the necessity of the additional exemption request.

Article 17. Notification of receipt of dossiers of request for exemption and dossiers of request for additional exemption

1. The investigation body shall notify the receipt of dossiers of request for exemption:

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

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

c) The first working day of March and September every year;

d) The first working day of October every year.

2. In case of any change in trade remedies, the investigation body shall promptly notify such change to the exemption requesters for the latter to prepare appropriate business plans.

3. Within 30 days after the investigation body notifies the receipt of dossiers of request for exemption, the exemption requesters shall send a dossier of request for exemption prescribed in Article 16 of this Circular to the investigation body, except the case specified in Clause 4 of this Article, or other cases as decided by the Minister of Industry and Trade.

4. In case organizations or individuals wish to request an additional exemption for the quantity of goods already exempted from the application of trade remedies, the procedure for submission of the dossier of request for additional exemption shall be carried out in accordance with Clause 2, Article 16 of this Circular and such dossier shall be submitted to the investigation body without any limitation on the time of submission.

Article 18. Submission of dossiers of request for exemption and dossiers of request for additional exemption

Organizations and individuals shall submit dossiers of request for exemption or dossiers of request for additional exemption, and relevant product samples enclosed with the dossiers via one of the following forms:

1. Direct submission at the investigation body;

2. Sending by post;

3. Submission via online public service portal as prescribed by law.

Article 19. Appraisal of dossiers of request for exemption and dossiers of request for additional exemption

1. Within 7 working days after receiving a dossier of request for exemption, or dossier of request for additional exemption, the investigation body shall notify the individual or organization of the completeness and validity of the dossier. If the dossier is incomplete and invalid, the investigation body shall notify such to the individual or organization for supplementation.

2. Within 20 working days after the investigation body issues a notification requesting supplementation, the exemption requester shall provide adequate and accurate information as required. After the above time limit, if the investigation body fails to receive the additional information, it shall notify the dossier submitter that the dossier will not be further processed.

3. Within 35 days from the date the investigation body notifies that the dossier is complete and valid, the investigation body shall appraise the dossier and report to the Minister of Industry and Trade for consideration and decision on exemption from the application of trade remedies. In case of non-exemption, the reasons must be clearly stated.

4. During the appraisal process of the initial dossier of request for exemption submitted by an organization or individual, if there are doubts regarding the accuracy of the information and documents provided, the investigation body may conduct on-site appraisal of the facilities and production lines to verify the truthfulness and accuracy of the provided information and documents after notifying the appraisal plan and obtaining consent from the dossier submitter.

Article 20. Contents and notification of a decision on exemption from trade remedies or decision on additional exemption from trade remedies

1. A decision on exemption from trade remedies or decision on additional exemption from trade remedies must include the followings:

a) Name of the organization or individual entitled to exemption from trade remedies;

b) Name of the imported goods eligible for exemption from trade remedies;

c) Volume or quantity of the imported goods eligible for exemption from trade remedies;

d) Exemption period;

dd) Conditions for and obligations of the organizations and individuals entitled to exemption from trade remedies.

2. The investigation body shall send a decision on exemption from trade remedies or decision on additional exemption from trade remedies to the dossier submitter and disclose such decision on the Ministry of Industry and Trade’s portal and its website.

Article 21. Customs procedures and inspection for exemption-eligible goods

1. Goods eligible for exemption from trade remedies are subject to customs procedures and inspection and supervision by customs offices in accordance with the customs law.

2. When carrying out customs procedures, in addition to the customs dossier as prescribed, importers shall submit a copy of the decision on exemption from trade remedies to customs offices.

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

Article 22. Refund of trade remedies duty for goods eligible for exemption from trade remedies

1. In case imported goods are eligible for exemption from trade remedies, the importers shall be entitled to refund of the paid trade remedies duty amounts for the imports lots with customs declarations registered within the exemption period stated in the exemption decision.

2. Procedures for refund of trade remedies duty prescribed in Clause 1 of this Article must comply with the tax law.

Article 23. Periodic reports

1. Organizations and individuals entitled to exemption from trade remedies shall periodically submit reports on the import and use of exemption-eligible goods and on the observance of regulations on conditions and obligations for the exemption to the investigation body, in writing or using electronic form, as follows:

a) Before February 1 every year, organizations and individuals entitled to exemption shall submit reports for the last 6 months of the preceding year;

b) Before August 1 every year, organizations and individuals entitled to exemption shall submit reports for the first 6 months of the year.

2. Organizations and individuals entitled to exemption shall submit reports according to the form provided in Appendix III to this Circular.

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

1. Scraps, discarded products and surplus materials and supplies within the limit prescribed at Point dd, Clause 1, Article 16 of this Circular may be sold or consumed in the inland without being subject to trade remedies duty.

2. When being sold or consumed in the inland, scraps, discarded products and surplus materials and supplies beyond the limit prescribed at Point dd, Clause 1, Article 16 of this Circular are subject to trade remedies duty and other taxes as prescribed by law.

Section 3

EXAMINATION, AND REVOCATION OF DECISIONS ON EXEMPTION FROM TRADE REMEDIES

Article 25. Examination after grant of exemption from trade remedies

1. The examination after grant of exemption from trade remedies shall be conducted according to the risk management method in accordance with law in order to select the objects, scope and contents of examination for organizations and individuals entitled to the exemption.

2. Examination after grant of exemption from trade remedies aims to verify and appraise the observance by organizations and individuals of conditions and law provisions on exemption from trade remedies.

3. Contents of examination after grant of exemption from trade remedies:

a) Examining and verifying the legal status of organizations and individuals entitled to exemption;

b) Examining and verifying the accuracy of information on goods eligible for exemption based on dossiers of request for exemption already sent to the investigation body;

c) Examining the completeness, lawfulness and legality of customs dossiers, accounting books, financial statements, documents and data related to imported goods eligible for exemption;

d) Examining the observance of conditions and obligations by the exemption requesters as stated in exemption decisions;

dd) Examining and verifying norms of material use, consumption norms of materials and supplies, and surplus materials and supplies for goods eligible for exemption;

e) Examining and verifying the rate of scraps of goods eligible for exemption.

Article 26. Conducting examination after grant of exemption

1. Based on the investigation body’s request, the Minister of Industry and Trade shall decide on the plan for examination after grant of exemption. The examination team established by the investigation body shall perform examination tasks according to the scope, time and contents stated in the examination decision. The head of the examination team must be a civil servant of the investigation body.

2. The investigation body shall notify in writing a plan and decision on examination after grant of exemption to the organization or individual entitled to exemption in accordance with law and examination regulations before conducting the examination.

3. Organizations and individuals subject to examination shall assign competent representatives and related officers to provide dossiers and documents as required and directly work with the examination team on the examination contents.

4. In the course of conducting examination after grant of exemption from trade remedies, the investigation body has the competence to collect documents and verify information by requesting related organizations and individuals or those capable of assisting the former to clarify suspicious and irrational issues or signs of violation. Document collection and verification cover:

a) Requesting state management agencies and competent or related organizations and individuals to coordinate in document collection and verification activities;

b) Conducting verification by sending written requests and asking for written replies; or assigning persons to work directly with related agencies, organizations and individuals according to the introduction letters of verification requesters;

c) Recording verification results in working minutes, replies in official letters, and accompanying dossiers, documents and exhibits. Verification results serve as a basis for consideration of relevant cases.

Article 27. Results of examination after grant of exemption

1. Based on examination results, the examination team shall make a minutes right after completing the examination at the place of examination and report examination results to the examination decision issuer.

2. Based on examination results, the examination team shall propose the examination decision issuer appropriate handling measures, or carry out procedures for transferring files of the violations to a competent agency in accordance with law.

3. The examination decision issuer shall, based on the examination team’s report, issue an examination conclusion. In case the examination team provides proposals under Clause 2 of this Article, the head of the examination team shall send the draft examination conclusion to the examined one. In case of disapproval with the draft examination conclusion contents, the examined one shall send a written explanation and supporting documents to the examination decision issuer within 5 working days from the receipt of the draft examination conclusion.

4. Past the time limit specified in Clause 3 of this Article, if the examination decision issuer fails to receive any written opinion from the inspected one, the latter shall be deemed to have agreed with the contents of the draft examination conclusion.

5. After the time limit for collecting opinions, the examination team shall:

a) Consider the written explanations of the examined one or work with the latter’s competent representative if there remain issues involving divergent or unclear opinions;

b) For cases which involve professional and technical requirements or in which the examination team has insufficient grounds for making a conclusion, it shall issue an examination conclusion after obtaining opinions of specialized agencies and units.

Article 28. Revocation of exemption decisions

1. The Minister of Industry and Trade shall consider revoking a decision on exemption from trade remedies in case the organization or individual entitled to exemption commits one of the following acts:

a) Failing to comply with the exemption decision;

b) Providing untruthful, inadequate or inaccurate information or forging data, dossiers and documents related to the manufacture of and trading;

c) Failing to making periodic reports or providing untruthful, inadequate or inaccurate information in periodic reports under Article 23 of this Circular.

2. Order and procedures for revocation of decisions on exemption from trade remedies as follows:

a) The investigation body shall report to the Minister of Industry and Trade on the detection of the acts specified in Clause 1 of this Article and propose consideration of the revocation of the decision on exemption from the application of trade remedies;

b) The Minister of Industry and Trade shall consider and issue a decision on revocation of the decision on exemption from the application of trade remedies based on the investigation body's proposal;

c) The investigation body shall notify the individual or organization whose exemption decision is revoked, the customs office, and publicly disclose the decision on revocation of the exemption decision on the Ministry of Industry and Trade's portal and the investigation body’s website.

3. The Ministry of Industry and Trade shall coordinate with tax administration agencies, customs offices and other competent agencies in handling organizations and individuals that have decisions on exemption revoked, and request retrospective collection and payment of taxes, or other forms of handling in accordance with law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29. Effect

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

2. The following Circulars cease to be effective from the effective date of this Circular:

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

b) The Minister of Industry and Trade's Circular No. 43/2023/TT-BCT dated 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 any legal documents referred to in this Circular are amended, supplemented or replaced, the new ones shall prevail.

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

Article 30. Transitional provisions

Trade remedy cases of which the dossiers of investigation or dossiers of request for exemption from trade remedies have been determined as complete and valid before the effective date of this Circular, shall be considered and handled in accordance with the Minister of Industry and Trade’s Circular No. 37/2019/TT-BCT dated November 29, 2019, detailing a number of provisions on trade remedies, amended and supplemented under the Minister of Industry and Trade's Circular No. 43/2023/TT-BCT dated December 28, 2023./.

* All Appendices are not translated herein.