Circular No. 29/2025/TT-BCT dated May 15, 2025 on amendments to Circular No. 07/2022/TT-BCT on guidance on trade remedies under the regional comprehensive economic partnership agreement

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 07/2022/TT-BCT DATED MARCH 23, 2022 OF THE MINISTER OF INDUSTRY AND TRADE ON GUIDANCE ON TRADE REMEDIES UNDER THE REGIONAL COMPREHENSIVE ECONOMIC PARTNERSHIP AGREEMENT

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 on functions, tasks, powers and organizational structure of the Ministry of Industry and Trade of Vietnam;

Pursuant to the Government’s Decree No. 86/2025/ND-CP dated April 11, 2025 on guidelines for the Law on Foreign Trade Management regarding trade remedies;

For the purposes of the Regional Comprehensive Economic Partnership (RCEP);

At the request of the Director of the Trade Remedies Authority of Vietnam;

The Minister of Industry and Trade promulgates a Circular on amendments to some articles of Circular No. 07/2022/TT-BCT dated March 23, 2022 of the Minister of Industry and Trade on guidance on trade remedies under the Regional Comprehensive Economic Partnership Agreement.

Article 1. Amendments to some articles of Circular No. 07/2022/TT-BCT dated March 23, 2022 of the Minister of Industry and Trade on guidance on trade remedies under the Regional Comprehensive Economic Partnership Agreement

1. Clause 5 Article 3 shall be amended as follows:

“5. “Domestic industry” means, with respect to investigation and imposition of transitional RCEP safeguard measure, the producers as a whole of the like or directly competitive good operating within the territory of Vietnam, or those producers whose collective output of the like or directly competitive goods constitutes a major proportion of the total domestic production of that good. The major proportion of the total domestic production shall be determined in accordance with regulations in point b clause 2 and clause 3 Article 4 of the Decree No. 86/2025/ND-CP .”

2. Article 5 shall be amended as follows:

“Article 5. Methods for calculation of dumping margins

When margins of dumping are calculated under point a and point b clause 2 Article 26 of the Decree No. 86/2025/ND-CP , all individual margins, whether positive or negative, shall be counted for the margin of each foreign producer or exporter. Nothing in this Article shall prejudice or affect the investigating authority’s rights to calculate the dumping margins under point c clause 2 Article 26 of the Decree No. 86/2025/ND-CP .”

3. Clause 1 Article 6 shall be amended as follows:

"1. At least 10 days before the final determination, the investigating authority shall ensure written disclosure of all essential facts included in the draft final determination. Interested parties are entitled to provide their comments within the time limit specified in clause 1 Article 8 of the Decree No. 86/2025/ND-CP. The investigating authority shall take into account such comments in their final determination.”

4. Article 7 shall be amended as follows:

“Article 7. Treatment of information to be kept confidential

When providing information to be kept confidential to the investigating authority, interested parties are required to furnish non-confidential summaries of such information as prescribed in Article 75 of the 2017 Law on Foreign Trade Management.”

5. Article 10 shall be amended as follows:

“Article 10. Application for investigation for imposition of transitional RCEP safeguard measure

1. An application for investigation for imposition of a transitional RCEP safeguard measure (referred to as “application” in this Chapter) includes relevant documents and evidences specified in Article 63 of Decree No. 86/2025/ND-CP .

2. The application for investigation for imposition of the transitional RCEP safeguard measure prepared according to Article 63 of Decree No. 86/2025/ND-CP must include the following additional information:

a) Description of the imported good in accordance with regulations in clause 4 Article 63 of the Decree No. 86/2025/ND-CP that is eligible for the most-favoured-nation customs duty rate under the Agreement and subject to the investigation for imposition of the transitional RCEP safeguard measure. Information related to the HS code must be provided according to the special preferential import/export tariff schedules for implementation of the RCEP Agreement;

b) Information related to amounts, quantities and values of the imported good as prescribed in point a of this clause within at least 03 consecutive years before submission of the application, including at least 06 months after the RCEP Agreement comes into force for one or more of the member states against which such transitional RCEP safeguard measure investigation is requested;

c) Information, figures and evidences about the serious injury or threat of serious injury to the domestic industry according to regulations in clause 7 Article 63 of the Decree No. 86/2025/ND-CP within at least 03 consecutive years before submission of the application, including at least 06 months after the RCEP Agreement comes into force for one or more of the member states against which such transitional RCEP safeguard measure investigation is requested. If the operating duration of the domestic industry is less than 03 years, the submitted data shall include the entire operating duration of the domestic industry by the time of submission of the application;

d) Specific requests for imposition of the transitional RCEP safeguard measure, duration and level of the transitional RCEP safeguard measure.”

6. Clause 1 Article 11 shall be amended as follows:

“1. An application for investigation for imposition of a transitional RCEP safeguard measure shall be appraised according to regulations of the 2017 Law on Foreign Trade Management, the Decree No. 86/2025/ND-CP and this Chapter.”

7. Clause 1, clause 5 and clause 8 Article 12 shall be amended as follows:

“1. Where necessary, on the basis of preliminary determination, the Minister of Industry and Trade shall decide to impose the provisional transitional RCEP safeguard measure. The imposition of the provisional transitional RCEP safeguard measure shall comply with clause 1 Article 95 of the 2017 Law on Foreign Trade Management and Article 70 of the Decree No. 86/2025/ND-CP .”

5. The imposition of the transitional RCEP safeguard measure may be extended by up to 01 year on the basis of expiry review results. The procedures for expiry review of the transitional RCEP safeguard measure shall comply with clause 2 Article 96 of the 2017 Law on Foreign Trade Management and Article 74 of the Decree No. 86/2025/ND-CP .”

“8. A provisional transitional RCEP safeguard measure or transitional RCEP safeguard measure shall not be applied to an originating good of any least developed country party. The list of least developed country parties shall be compiled according to clause 2 and clause 3 Article 19 of the Decree No. 86/2025/ND-CP and the RCEP Agreement.”

8. Clause 7 Article 13 shall be amended as follows:

“7. The consultations held at the request of interested parties during the investigation for imposition or review for extension of a transitional RCEP safeguard measure shall comply with Article 14 of the Decree No. 86/2025/ND-CP .”

Article 2. Implementation clause

This Circular comes into force from July 01, 2025. In case the legislative documents referred to this Circular are amended or replaced, the newest documents shall be applied.