Consolidated Document number 09/VBHN-BCT Circular on managing e-commerce websites

CIRCULAR

On the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

Circular No. 19/2019/TT-BCT dated September 30, 2019 of the Minister of Industry and Trade on the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, amended and supplemented by:

Circular No. 30/2025/TT-BCT dated May 15, 2025 of the Minister of Industry and Trade amending and supplementing some articles of Circular No. 19/2019/TT-BCT dated September 30, 2019 of the Minister of Industry and Trade on 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 Resolution No. 72/2018/QH14 dated November 12, 2018 of the National Assembly approving the Comprehensive and Progressive Agreement for Trans-Pacific Partnership and related documents;

Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 10/2018/NĐ-CP dated January 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management regarding anti-dumping and countervailing duties;

At the proposal of the Director of the Department of Trade Remedies,

The Minister of Industry and Trade promulgates this Circular stipulating the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.^[[1]]

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership including:

1. Safeguard measures during the transition period.

2. Emergency measures for textile products.

Article 2. Applicability

This Circular applies to:

1. State management agencies of Vietnam with authority to investigate, apply, and handle special safeguard measures to implement the Agreement.

2. Vietnamese traders, traders of member countries of the Agreement, organizations, institutions, individuals within and outside Vietnam related to the investigation, application, and handling of special safeguard measures to implement the Agreement.

Article 3. Interpretation of Terms

In accordance with this Circular, the following terms shall be understood as follows:

1. Agreement means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

2. Member country means any state or separate customs territory implementing the Agreement.

3. Similar goods are goods having all characteristics identical to those of the investigated goods. In case there is no such goods, similar goods are goods having many basic characteristics identical to those of the investigated goods.

4.^[[2]] Directly competitive goods are goods that have the ability to be accepted by buyers as substitutes for the investigated goods.

5. Transition period for a specific good is three years from the date the Agreement enters into force. In cases where the tariff elimination schedule for that good in Vietnam takes longer, the transition period will be the time of tariff elimination for that good.

6. Safeguard measures during the transition period (hereinafter referred to as transitional safeguard measures) are measures provided for in Article 99 of the Law on Foreign Trade Management and Article 6.3 of Chapter 6 of the Agreement.

7. Transition period for textile products is the time starting from the date the Agreement enters into force until five years after Vietnam eliminates tariffs on textile products exported by member countries under the Agreement.

8. Emergency measures for textile products are measures provided for in Article 99 of the Law on Foreign Trade Management and Article 4.3 of Chapter 4 of the Agreement.

9. Domestic industry is a collection of producers of similar goods or directly competitive goods within the territory of Vietnam or their representatives holding a substantial share in the total production volume of that industry produced domestically.

10. Date the Agreement enters into force is January 14, 2019.

Article 4. Interested Parties in Investigation Cases, Application of Transitional Safeguard Measures, and Emergency Measures for Textile Products

1. Interested parties in investigation cases of transitional safeguard measures, emergency measures for textile products include:

a) Organizations and individuals of member countries producing and exporting investigated goods into the territory of Vietnam;

b) Organizations and individuals importing investigated goods;

c) Associations of member countries with a majority of members being organizations and individuals producing and exporting investigated goods;

d) Governments and competent authorities of member countries exporting investigated goods;

đ) Organizations and individuals with applications requesting the application of transitional safeguard measures, emergency measures for textile products;

e) Organizations and individuals in Vietnam producing similar goods, directly competitive goods;

g) Associations in Vietnam with a majority of members being organizations and individuals producing similar goods, directly competitive goods;

h) Other organizations and individuals having legitimate rights and interests related to the investigation or who can assist in the investigation process or represent consumer interests.

2. Organizations and individuals must register and be approved by the Investigating Authority to become interested parties in the investigation case in accordance with the registration procedures stipulated in the Law on Foreign Trade Management.

3.^[[3]] Interested parties in the investigation case have access to information and documents provided by other interested parties to the Investigating Authority in accordance with Clause 3, Article 74 of the Law on Foreign Trade Management 2017.

Chapter II

TRANSITIONAL SAFEGUARD MEASURES

Article 5. Principles for Applying Transitional Safeguard Measures

1. Not to apply simultaneously transitional safeguard measures to the same goods at the same time with any of the following measures:

a) Safeguard measures on the import of foreign goods into Vietnam provided for in the Law on Foreign Trade Management;

b) Emergency measures for textile products provided for in this Circular.

2. Not to apply transitional safeguard measures beyond the transition period.

3. Not to apply more than once transitional safeguard measures to the same goods.

4. Not to apply transitional safeguard measures to goods imported under quota tariff commitments under the Agreement.

5. Not to apply transitional safeguard measures through the application of quota tariff or import quota measures.

6.^[[4]] The examination of application files, investigation, and application of transitional safeguard measures must be carried out in accordance with the Law on Foreign Trade Management 2017, Decree No. 86/2025/NĐ-CP, and the provisions of Articles 6, 7, and 8 of this Circular.

Article 6. Documents for Requesting Investigation to Apply Transitional Safeguard Measures^[[5]]

1. The documents for requesting investigation to apply transitional safeguard measures (referred to in this Chapter as the request documents) include relevant papers, documents, and evidence as prescribed in Article 63 of Decree No. 86/2025/NĐ-CP.

2. The request documents for investigating the application of transitional safeguard measures as prescribed in Article 63 of Decree No. 86/2025/NĐ-CP must additionally satisfy the following specific contents:

a) Information describing the imported goods as prescribed in Clause 4 of Article 63 of Decree No. 86/2025/NĐ-CP is information about imported goods from one or more member countries subject to investigation for applying transitional safeguard measures. In this context, the product code information must be based on the Export Tax Schedule and Preferential Import Tariff Schedule to implement the Agreement.

b) Information on the volume, quantity, and value of the imported goods under investigation as prescribed in Clause 6 of Article 63 of Decree No. 86/2025/NĐ-CP for at least three consecutive years prior to submitting the request documents and including at least six months after the Agreement takes effect for one or more member countries subject to investigation for applying transitional safeguard measures.

c) Information, data, and evidence regarding serious damage or threat of serious damage to the domestic production industry as prescribed in Clause 7 of Article 63 of Decree No. 86/2025/NĐ-CP is information, data, and evidence for at least three consecutive years prior to submitting the request documents and including at least six months after the Agreement takes effect for one or more member countries subject to investigation for applying transitional safeguard measures. In cases where the domestic production industry has been operating for less than three years, the collected data is the entire period of operation of the domestic production industry up to the time of submitting the request documents.

d) Information on the transition period of the imported goods subject to investigation and application of transitional safeguard measures.

Article 7. Establishment of Request Documents in Cases Where No Organization or Individual Submits Request Documents

1. In cases where no organization or individual submits request documents but there are clear signs that excessive imports due to reduced or eliminated tariffs on goods from one or more member countries entering Vietnam during the transition period cause or threaten to cause serious damage to the domestic production industry, the Investigating Authority may establish request documents to apply transitional safeguard measures and submit them to the Minister of Industry and Trade for consideration and decision to investigate.

2.^[[6]] The content of the request documents established by the Investigating Authority must ensure the contents prescribed in Article 6 of this Circular, except for the provisions stipulated in Clauses 1, 2, and 3 of Article 63 of Decree No. 86/2025/NĐ-CP.

3. Organizations and individuals related to the matter have the responsibility to cooperate and provide necessary information upon request of the Ministry of Industry and Trade.

Article 8. Application of Transitional Safeguard Measures

1. The Minister of Industry and Trade decides to apply transitional safeguard measures when the investigation report of the Investigating Authority includes the following contents:

a) There is an absolute or relative increase in imports compared to domestic production volume of the investigated imported goods from one or more member countries as a result of the reduction or elimination of tariffs on those goods under the Agreement.

In cases where imports increase from two or more investigated member countries, the import volume of each investigated member country must show an absolute or relative increase compared to domestic production volume since the date the Agreement took effect for those member countries.

b) The domestic production industry suffers serious damage or faces a threat of serious damage.

c) The increase in imports specified in Point a of this Clause is the cause of serious damage or a threat of serious damage to the domestic production industry.

2. Transitional safeguard measures include:

a) Suspension of further tariff reductions as provided for in the Agreement for the investigated goods.

b) Increase in the tariff rate for such goods but not exceeding the lower of the preferential tariff rate effective at the time of applying the measure or the preferential tariff rate effective on the day immediately before the Agreement took effect.

3. The duration of applying transitional safeguard measures shall not exceed two years. In cases where the Investigating Authority concludes that it is necessary to continue applying transitional safeguard measures to prevent or mitigate serious damage and facilitate adjustment of the domestic production industry, the duration may be extended by up to one additional year.

4. In cases where transitional safeguard measures last longer than one year, such measures must be gradually relaxed throughout the application period.

5. After the expiration of the transitional safeguard measures application period, the import tariff rate applied to related goods shall be implemented according to the Preferential Import Tariff Schedule effective at the time of termination of the transitional safeguard measures application period.

Chapter III

EMERGENCY MEASURES FOR TEXTILE AND GARMENT PRODUCTS

Article 9. Principles for Applying Emergency Measures for Textile and Garment Products

1. Emergency measures for textile and garment products shall not be applied simultaneously with any of the following measures for the same goods at the same time:

a) Anti-dumping measures in the importation of foreign goods into Vietnam as prescribed in the Law on Foreign Trade Management.

b) Transitional safeguard measures as prescribed in this Circular.

2. Emergency measures for textile and garment products shall not be applied beyond the transition period for such products.

3. Emergency measures for textile and garment products shall not be applied more than once for the same goods.

4.^[[7]] The review of request documents, investigation, and application of emergency measures for textile and garment products must be carried out in accordance with the Law on Foreign Trade Management 2017, Decree No. 86/2025/NĐ-CP, and the provisions of Articles 10, 11, and 12 of this Circular.

Article 10. Provisions Regarding Information in Request Documents for Applying Emergency Measures for Textile and Garment Products^[[8]]

1. The documents for requesting investigation to apply emergency measures for textile and garment products (referred to in this Chapter as the request documents) include relevant papers, documents, and evidence as prescribed in Article 63 of Decree No. 86/2025/NĐ-CP.

2. The request documents for investigating the application of emergency measures for textile and garment products as prescribed in Article 63 of Decree No. 86/2025/NĐ-CP must additionally satisfy the following specific contents:

a) Information describing the imported goods as prescribed in Clause 4 of Article 63 of Decree No. 86/2025/NĐ-CP is information describing the imported textile and garment products from one or more member countries subject to investigation for applying emergency measures. In this context, the product code information must be based on the Export Tax Schedule and Preferential Import Tariff Schedule to implement the Agreement.

b) Information on the volume, quantity, and value of the imported textile and garment products as prescribed in Point a of Clause 4 of Article 63 of Decree No. 86/2025/NĐ-CP for at least three consecutive years prior to submitting the request documents and including at least three months after the Agreement takes effect for one or more member countries subject to investigation for applying emergency measures.

c) Information, data, and evidence regarding serious damage or threat of serious damage to the domestic production industry as prescribed in Clause 7 of Article 63 of Decree No. 86/2025/NĐ-CP is information, data, and evidence for at least three consecutive years prior to submitting the request documents and including at least three months after the Agreement takes effect for one or more member countries subject to investigation for applying emergency measures. In cases where the domestic production industry has been operating for less than three years, the collected data is the entire period of operation of the domestic production industry up to the time of submitting the request documents.

d) Information on the transition period of the imported textile and garment products subject to investigation and application of emergency measures.

Article 11. Establishment of Application Request File for Emergency Measures for Textile and Garment Products in Cases Where No Organization or Individual Submits an Application Request

1. In cases where no organization or individual makes a request but there are clear signs of increased imports of textile and garment products into Vietnam due to tariff reductions under the Agreement during the transition period causing or threatening to cause serious damage to domestic production, the Investigative Authority shall establish an application request file for emergency measures for textile and garment products to be submitted to the Minister of Industry and Trade for consideration and decision on investigation.

2.^[[9]] The contents of the file established by the Investigative Authority must ensure the provisions set out in Article 10 of this Circular, except for Clause 1, Clause 2, and Clause 3 of Article 63 of Decree No. 86/2025/NĐ-CP.

3. Organizations and individuals related to the matter have the responsibility to cooperate and provide necessary information upon the request of the Ministry of Industry and Trade.

Article 12. Application of Emergency Measures for Textile and Garment Products

1. The Minister of Industry and Trade decides to apply emergency measures for textile and garment products when the Investigation Conclusion of the Investigative Authority includes the following contents:

a) There is an absolute or relative increase in imports compared to the volume or quantity produced domestically of the investigated textile and garment products from one or more member countries as a result of enjoying preferential tariffs under the Agreement.

b) Domestic production is suffering serious damage or is threatened with serious damage;

c) The increase in imports specified in point a of this clause is the cause of serious damage or threat of serious damage to domestic production.

2. Based on considering factors including production volume, actual capacity, productivity, inventory, market share, exports, labor, wages, domestic selling price, profit, and investment, the investigative authority determines serious damage or threat of serious damage to domestic production as stipulated in point b, Clause 1 of this Article. Factors relating to technological changes or changes in consumer preferences will not be considered.

3. Emergency measures for textile and garment products shall be applied in the form of increasing the import tariff rate for such goods but not exceeding the preferential tariff rate in effect at the time of applying such measures or the preferential tariff rate in effect on the day immediately preceding the date the Agreement enters into force, whichever is lower.

4. The duration of the transitional safeguard measure shall not exceed two years and may be extended for up to an additional two years.

5. After the expiration of the period for applying emergency measures for textile and garment products, the import tariff rate applicable to related goods shall be implemented according to the Special Preferential Import Tariff Schedule effective at the time of termination of the application of emergency measures for such textile and garment products.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 13. Effective Date^[[10]]

1. This Circular takes effect 45 days from the date of signature.

2. The Investigative Authority considers accepting application request files for transitional safeguard measures or application request files for emergency measures for textile and garment products based on the effectiveness of the Agreement./.

^{_________________________________}

^[[1]] Circular No. 30/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade, regulating the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, is promulgated based on the following grounds:

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

Pursuant to Decree No. 40/2025/NĐ-CP dated February 26, 2025, of the Government detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 86/2025/NĐ-CP dated April 11, 2025, of the Government detailing certain provisions of the Law on Foreign Trade Management regarding trade remedy measures;

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

At the proposal of the Director of the Department of Trade Remedies;

The Minister of Industry and Trade issues this Circular amending and supplementing certain articles of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade, regulating the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership."

^[[2]] This provision has been amended and supplemented pursuant to Clause 1 of Article 1 of Circular No. 30/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade, regulating the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which takes effect from July 1, 2025.

^[[3]] This provision has been amended and supplemented pursuant to Clause 2 of Article 1 of Circular No. 30/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade, regulating the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which takes effect from July 1, 2025.

^[[4]] This provision has been amended and supplemented pursuant to Clause 3 of Article 1 of Circular No. 30/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade, regulating the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which takes effect from July 1, 2025.

^[[5]] This provision has been amended and supplemented pursuant to Clause 4 of Article 1 of Circular No. 30/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade, regulating the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which takes effect from July 1, 2025.

^[[6]] This provision has been amended and supplemented pursuant to Clause 5 of Article 1 of Circular No. 30/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade, regulating the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which takes effect from July 1, 2025.

^[[7]] This provision has been amended and supplemented pursuant to Clause 6 of Article 1 of Circular No. 30/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade, regulating the application of special safeguard measures to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which takes effect from July 1, 2025.

^[[8]] This provision is amended and supplemented pursuant to Clause 7, Article 1 of Circular No. 30/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade to amend and supplement certain provisions of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade on the application of special safeguard measures for the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which shall take effect from July 1, 2025.

^[[9]] This clause is amended and supplemented pursuant to Clause 8, Article 1 of Circular No. 30/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade to amend and supplement certain provisions of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade on the application of special safeguard measures for the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which shall take effect from July 1, 2025.

^[[10]] Article 2 of Circular No. 30/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade to amend and supplement certain provisions of Circular No. 19/2019/TT-BCT dated September 30, 2019, issued by the Minister of Industry and Trade on the application of special safeguard measures for the implementation of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, which shall take effect from July 1, 2025, provides as follows:

"Article 2. Implementation Provisions

This Circular takes effect from July 1, 2025. In cases where the legal instruments referred to and applied in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new laws./."