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 dated September 30, 2019, prescribing the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

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

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;

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;

Implementing the Comprehensive and Progressive Agreement for Trans-Pacific Partnership;

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

The Minister of Industry and Trade hereby promulgates the Circular amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 19/2019/TT-BCT dated September 30, 2019, prescribing the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

Article 1. Amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 19/2019/TT-BCT dated September 30, 2019, prescribing 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 replace the good subject to investigation.”

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

“3. Related parties in an investigation case may have access to information and documents provided by other related parties to the investigation body in accordance with 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 a dossier of request, investigation and 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 (in this Chapter referred to as dossier of request)) must comprise relevant papers, documents and evidence as specified in Article 63 of Decree No. 86/2025/ND-CP.

2. A dossier of request for investigation for application of transitional safeguard measures prescribed in Article 63 of Decree No. 86/2025/ND-CP must also contain:

a) Information describing the imported good prescribed in Clause 4 Article 63 of Decree No. 86/2025/ND-CP, which is information on the good imported from one or more than one member state against which investigation for application of transitional safeguard measures is requested, clearly stating headings in accordance with the Special Preferential Import and Export Tariffs for the implementation of the Agreement;

b) Information on the volume or quantity and value of the imported good under investigation prescribed in Clause 6 Article 63 of Decree No. 86/2025/ND-CP in the period of at least 3 consecutive years before the date of submission of the dossier of request, including at least 6 months after the Agreement comes into force, for one or more than one member state against which investigation for application of transitional safeguard measures is requested;

c) Information, data and evidence on serious injury or threat of serious injury to the domestic industry prescribed in Clause 7 Article 63 of Decree No. 86/2025/ND-CP in the period of at least 3 consecutive years before the date of submission of the dossier of request, including at least 6 months after the Agreement comes into force, for one or more than one member state against which investigation for application of transitional safeguard measures is requested. In case that domestic industry has been operating for less than 3 years, to-be-collected data are those in the entire operation duration of such domestic industry up to the time of submission of the dossier of request;

d) Information on 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 investigation body must have the contents specified in Article 6 of this Circular, except for the cases specified in 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 a dossier of request, investigation and 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 in dossiers of request for application of emergency measures to textile and apparel goods

1. A dossier of request for application of emergency measures to textile and apparel goods (in this Chapter referred to as dossier of request) must comprise relevant papers, documents and evidence as 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 prescribed in Article 63 of Decree No. 86/2025/ND-CP must also contain:

a) Information describing the imported good prescribed in Clause 4 Article 63 of Decree No. 86/2025/ND-CP, which is information describing the textile and apparel goods imported from one or more than one member state against which investigation for application of emergency measures is requested, clearly stating headings in accordance with the Special Preferential Import and Export Tariffs for the implementation of the Agreement;

b) Information on the volume or quantity and value of the imported textile and apparel goods prescribed at Point a of this Clause in the period of at least 3 consecutive years before the date of submission of the dossier of request, including at least 3 months after the Agreement comes into force, for one or more than one member state against which investigation for application of emergency measures is requested;

c) Information, data and evidence on serious injury or threat of serious injury to the domestic industry prescribed in Clause 7 Article 63 of Decree No. 86/2025/ND-CP in the period of at least 3 consecutive years before the date of submission of the dossier of request, including at least 3 months after the Agreement comes into force, for one or more than one member state against which investigation for application of emergency measures is requested. In case that domestic industry has been operating for less than 3 years, to-be-collected data are those in the entire operation duration of such domestic industry up to the time of submission of the dossier of request.

d) Information on the transition period of the imported textile and apparel goods against which investigation for application of emergency measures.”

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

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

Article 2. Effect

This Circular takes effect from July 1, 2025. In case any legal documents referred to in this Circular are amended, supplemented or replaced, the new ones shall prevail./.