Circular 29/2025/TT-BCT amend Circular 07/2022/TT-BCT guiding the implementation of trade remedies under RCEP Agreement

CIRCULAR

Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 07/2022/TT-BCT of March 23, 2022, guiding the implementation of trade remedies under the Regional Comprehensive Economic Partnership Agreement^[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;

In furtherance of the Regional Comprehensive Economic Partnership Agreement;

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 Minister of Industry and Trade’s Circular No. 07/2022/TT-BCT of March 23, 2022, guiding the implementation of trade remedies under the Regional Comprehensive Economic Partnership Agreement.

Article 1. To amend and supplement a number of articles of the Minister of Industry and Trade’s Circular No. 07/2022/TT-BCT of March 23, 2022, guiding the implementation of trade remedies under the Regional Comprehensive Economic Partnership Agreement

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

“5. Domestic industry in the investigation and application of transitional RCEP safeguard measures means the producers as a whole of the like or directly competitive goods within Vietnam’s territory or their representatives whose collective output constitutes a major proportion of the total domestic production of such industry. The determination of the major proportion of a domestic industry’s representatives must comply with Point b, Clause 2, and Clause 3, Article 4 of Decree No. 86/2025/ND-CP.”

2. To amend and supplement Article 5 as follows:

“Article 5. Methods for calculation of dumping margins

When calculating the dumping margin of a foreign producer or importer as specified at Points a and b, Clause 2, Article 26 of Decree No. 86/2025/ND-CP, the Investigating Authority body shall aggregate all separate margins, regardless of whether they are positive or negative, into the general margin. This regulation does not limit the Investigating Authority’s powers in calculation of dumping margins as specified at Point c, Clause 2, Article 26 of Decree No. 86/2025/ND-CP.”

3. To amend and supplement Clause 1, Article 6 as follows:

“1. At least 10 days before the final determination, the Investigating Authority shall disclose in writing essential facts of the final draft investigation conclusion. Related parties may give their opinions within the time limits specified in Clause 1, Article 8 of Decree No. 86/2025/ND-CP. The Investigating Authority shall consider and give feedback on the related parties’ opinions in the final investigation conclusion of the case.”

4. To amend and supplement Article 7 as follows:

“Article 7. Treatment of information that needs to be kept confidential

Related parties, when providing information that needs to be kept confidential to the Investigating Authority, as specified in Article 75 of the 2017 Law on Foreign Trade Management, shall provide non-confidential summaries of such information.”

5. To amend and supplement Article 10 as follows:

“Article 10. Dossiers of request for investigation for application of transitional RCEP safeguard measures

1. A dossier of request for investigation for application of transitional safeguard measures (referred to as dossier of request in this Chapter) must comprise 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 transitional safeguard measures specified in Article 63 of Decree No. 86/2025/ND-CP must comprise the following details:

a/ Descriptions of the imported goods as specified in Clause 4, Article 63 of Decree No. 86/2025/ND-CP, which is information about the imported goods eligible for special preferential import duty rates under the Agreement to be subject to investigation for application of transitional RCEP safeguard measures, in which HS codes of goods must be based on the Special Preferential Import Tariff to implement the RCEP Agreement;

b/ Information about the volume or quantity and value of imported goods specified at Point a of this Clause in at least 3 consecutive years prior to dossier submission, inclusive of a period of at least 6 months after the Agreement comes into force for one or more than one member state subject to investigation for application of transitional safeguard measures;

c/ Information, data and evidence on the 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 that are information, data and evidence in at least 3 consecutive years prior to dossier submission, inclusive of a period of at least 6 months after the Agreement comes into force for one or more than one member state subject to investigation for application of transitional safeguard measures. In case the domestic industry has been in operation for less than 3 years, the data collection period shall be the entire operation duration of the domestic industry up to the time of dossier submission;

d/ Specific requirements on the application of transitional RCEP safeguard measures, duration and extent of application.”

6. To amend and supplement Clause 1, Article 11 as follows:

“1. The appraisal of dossiers of request for investigation for application of transitional RCEP safeguard measures must comply with the 2017 Law on Foreign Trade Management, Decree No. 86/2025/ND-CP, and the provision of this Chapter.”

7. To amend and supplement Clause 1, Clause 5 and Clause 8, Article 12 as follows:

“1. When necessary, on the basis of the initial investigation conclusion, the Minister of Industry and Trade shall decide to apply temporary transitional RCEP safeguard measures. The application of temporary transitional RCEP safeguard measures must comply with Clause 1, Article 95 of the 2017 Law on Foreign Trade Management and Article 70 of Decree No. 86/2025/ND-CP.”

“5. A transitional RCEP safeguard measure may be extended for up to 1 year based on the result of the sunset review. The order and procedures for the sunset review of a transitional RCEP safeguard measure must comply with Clause 2, Article 96 of the 2017 Law on Foreign Trade Management and Article 74 of Decree No. 86/2025/ND-CP.”

“8. Temporary transitional RCEP safeguard measures and transitional RCEP safeguard measures may not apply to goods originated from the least developed countries. The determination of a List of least developed countries must comply with Clause 2 and Clause 3, Article 19 of Decree No. 86/2025/ND-CP and the RCEP Agreement.”

8. To amend and supplement Clause 7, Article 13 as follows:

“7. The consultations at the request of related parties in the course of investigation for application, or consideration for extension of the duration of application of transitional RCEP safeguard measures must comply with Article 14 of Decree No. 86/2025/ND-CP.”

Article 2. Implementation provisions

This Circular takes effect on July 1, 2025. In case the documents referred to in this Circular are amended, supplemented or replaced, newly promulgated documents shall apply.-

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