MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 29/2025/TT-BCT
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Hanoi, May 15, 2025
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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.
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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
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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:
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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.
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PP. MINISTER
DEPUTY MINISTER
Nguyen Sinh Nhat Tan