Circular 30/2025/TT-BCT amend Circular 19/2019/TT-BCT prescribing the application of special safeguard measures to implement CPTPP

CIRCULAR

Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 19/2019/TT-BCT of September 30, 2019, providing the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership^[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 Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

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. 19/2019/TT-BCT of September 30, 2019, providing the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Article 1. To amend and supplement a number of articles of the Minister of Industry and Trade’s Circular No. 19/2019/TT-BCT of September 30, 2019, providing the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

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

“4. Directly competitive goods mean goods which can possibly be accepted by buyers to substitute the good subject to investigation.”

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

“Related parties in an investigation case may access information and documents provided by other related parties to the Investigating Authority under Clause 3, Article 74 of the 2017 Law on Foreign Trade Management.”

3. To amend and supplement Clause 6, Article 5 as follows:

“6. The appraisal of dossiers of request for investigation for application of transitional safeguard measures must comply with the 2017 Law on Foreign Trade Management, Decree No. 86/2025/ND-CP, and Articles 6, 7 and 8 of this Circular.”

4. To amend and supplement Article 6 as follows:

“Article 6. Dossiers of request for investigation for application of transitional 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 that are information about the good imported from one or more than one member state subject to investigation for application of transitional safeguard measures, in which the HS codes of goods must be based on the Special Preferential Import and Export Tariffs for implementation of the Agreement;

b/ Information about the volume or quantity and value of imported goods subject to investigation as specified in Clause 6, Article 63 of Decree No. 86/2025/ND-CP 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/ Information about the transition period of the imported good subject to investigation for application of transitional safeguard measures.”

5. To amend and supplement Clause 2, Article 7 as follows:

“2. The dossier of request made by the Investigating Authority must have the contents specified in Article 6 of this Circular, except Clauses 1, 2 and 3, Article 63 of Decree No. 86/2025/ND-CP.”

6. To amend and supplement Clause 4, Article 9 as follows:

“4. The appraisal of dossiers of request for investigation for application of emergency measures to textile and apparel goods must comply with the 2017 Law on Foreign Trade Management, Decree No. 86/2025/ND-CP, and Articles 10, 11 and 12 of this Circular.”

7. To amend and supplement Article 10 as follows:

“Article 10. Information included in dossiers of request for application of emergency measures to textile and apparel goods

1. A dossier of request for investigation for application of emergency measures to textile and apparel goods (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 emergency measures to textile and apparel goods as specified in Article 63 of Decree No. 86/2025/ND-CP must comprise the following details:

a/ Descriptions of the imported good as specified at Clause 4, Article 63 of Decree No. 86/2025/ND-CP, which are information describing the textile and apparel goods imported from one or more than one member state subject to investigation for application of emergency measures, in which HS codes of goods must be based on the Special Preferential Import and Export Tariffs for implementation of the Agreement;

b/ Information about the volume or quantity and value of the imported textile and apparel 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 3 months after the Agreement comes into force for one or more than one member state subject to investigation for application of emergency 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, which are information, data and evidence in at least 3 consecutive years prior to dossier submission, inclusive of a period of at least 3 months after the Agreement comes into force for one or more than one member state subject to investigation for application of emergency 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/ Information about the transition period of the imported textile and apparel goods subject to investigation for application of emergency measures.”

8. To amend and supplement Clause 2, Article 11 as follows:

“2. The dossier of request made by the Investigating Authority must have the contents specified in Article 10 of this Circular, except Clauses 1, 2 and 3, Article 63 of Decree No. 86/2025/ND-CP.”

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 newly promulgated regulations shall apply.-

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