Circular 28/2025/TT-BCT amend Circular 30/2020/TT-BTC guiding the implementation of EVFTA regarding trade remedies

CIRCULAR

Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 30/2020/TT-BCT of November 26, 2020, guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union regarding trade remedies^[1]

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

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;

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;

To implement the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union;

At the proposal of the Director General 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 Minister of Industry and Trade’s Circular No. 30/2020/TT-BCT of November 26, 2020, guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union regarding trade remedies.

Article 1. To amend and supplement a number of articles of the Minister of Industry and Trade’s Circular No. 30/2020/TT-BCT of November 26, 2020, guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union regarding trade remedies

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

“4. Domestic industry in the investigation for application of bilateral safeguard measures means a group of manufacturers of the like goods or directly competitive goods within the territory of Vietnam or their representatives that contribute a major proportion in the aggregate output of the 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 for investigation for application of bilateral safeguard measures, and the investigation and application thereon must comply 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 application of bilateral safeguard measures

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

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

a/ Information describing imported goods as specified in Clause 4, Article 63 of Decree No. 86/2025/ND-CP, which means information on imported goods that are eligible for special preferential import tariff rates under the Agreement and requested for investigation for application of bilateral safeguard measures, in which the information on headings must be based on the Special Preferential Export and Import Tariffs for implementation of the Agreement;

b/ Information on the volume/quantity and value of imported goods specified at Point a of this Clause during the period of at least 3 consecutive years before the date of dossier submission;

c/ Information, data and evidence on material injury or threat of material injury to the domestic industry as specified in Clause 7, Article 63 of Decree No. 86/2025/ND-CP, which mean information, data and evidence during the period of at least 3 consecutive years before the date of dossier submission. In case a domestic industry has operated for less than 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 provided by other related parties to the Investigating Authority as specified in Clause 3, Article 74 of the 2017 Law on Foreign Trade Management.”

Article 2. Implementation provisions

This Circular takes effect on July 1, 2025. In case the legal documents referred to in this Circular are amended, supplemented or replaced, the amending, supplementing or replacing documents shall prevail.-

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