Circular No. 26/2025/TT-BCT provides detailed regulations on certain contents regarding trade defense measures.

CIRCULAR

Detailed provisions on certain contents regarding trade remedy measures

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

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

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

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

The Minister of Industry and Trade issues this Circular detailing certain contents regarding trade remedy measures.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the related parties in trade remedy cases; activities of providing, collecting, and securing information and documents; languages and scripts during investigations and reviews of trade remedy cases; management of imported goods subject to investigation and application of trade remedy measures; cases exempted from the application of trade remedy measures.

Article 2. Applicability

1. State administrative agencies with authority to investigate, apply, review the application, and handle trade remedy measures, and anti-circumvention measures.

2. Vietnamese traders, foreign traders, domestic and foreign organizations and individuals related to the investigation, application, review of the application, and handling of trade remedy measures, and anti-circumvention measures.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Special products are products having the same physical and chemical characteristics as similar goods or directly competing goods produced domestically but differing in some features, external shapes, or product quality compared to similar goods or directly competing goods produced domestically.

2. Public information document is a document containing information processed to ensure confidentiality as requested by the Investigating Authority and ensuring that the recipient understands the essence of the information without disclosing confidential information.

3. Trade remedy investigation authority (hereinafter referred to as the Investigating Authority) is the Department of Trade Remedies under the Ministry of Industry and Trade.

Article 4. Languages and Scripts in Trade Remedy Cases

1. The language and script used in trade remedy cases shall be Vietnamese. Related parties have the right to use their own language and script, provided that there must be a translator in such cases.

2. Information and documents not in Vietnamese provided by related parties must be translated into Vietnamese. Related parties must ensure the truthfulness and accuracy of the translated content and bear legal responsibility for it.

Article 5. Management of Importation of Goods Subject to Investigation and Application of Trade Remedy Measures

1. The Investigating Authority shall monitor the importation of goods subject to investigation and application of trade remedy measures and anti-circumvention measures through the collection of information on the importation of such goods during the investigation period and after the decision to apply trade remedy measures and anti-circumvention measures has been made.

2. After the application of trade remedy measures and anti-circumvention measures, quarterly, the Investigating Authority shall cooperate with customs authorities to collect information on the importation of goods subject to trade remedy measures and anti-circumvention measures.

3. The Investigating Authority shall report to the Minister of Industry and Trade on the situation of importation of goods subject to trade remedy measures and anti-circumvention measures in each specific case.

Chapter II

RELATED PARTIES IN THE INVESTIGATION AND APPLICATION OF OR

 REVIEW OF THE APPLICATION OF TRADE REMEDY MEASURES,

 ANTI-CIRCUMVENTION MEASURES

Article 6. Registration of Interested Parties in Anti-Dumping and Countervailing Measures Investigation or Review Cases

1. After the Minister of Industry and Trade issues a decision to initiate an investigation on the application or review of the application of anti-dumping and countervailing measures, organizations and individuals specified in Clause 1 of Article 74 of the Foreign Trade Management Law 2017 have the right to register to participate in the case as interested parties, except for organizations and individuals specified in points a, d, and đ of Clause 1 of Article 74 of the Foreign Trade Management Law 2017.

2. The Minister of Industry and Trade shall specify the time limit for registration of interested parties in each investigation or review case of the application of anti-dumping and countervailing measures, but not less than 60 working days from the date the investigation or review decision becomes effective.

3. Organizations and individuals must register using the Model of Interested Party Registration Form attached as Appendix I of this Circular, submitted to the Investigating Authority within the time limit specified for the investigation or review of the application of anti-dumping and countervailing measures.

4. Upon receipt of the Interested Party Registration Form, the Investigating Authority shall confirm acceptance or non-acceptance of the organization or individual as an interested party in the case within seven working days. In cases where the organization or individual is not accepted as an interested party, the Investigating Authority shall clearly state the reasons.

5. If an organization or individual registers as an interested party after the time limit specified in Clause 2 of this Article, the Investigating Authority may consider accepting such organizations or individuals as interested parties in the case within seven working days from the date of receipt of the interested party's registration form.

Article 7. Interested Parties in Anti-Dumping and Countervailing Measures Investigation or Review Cases

1. Interested parties as defined in Clause 1 of Article 74 of the Foreign Trade Management Law 2017, excluding organizations and individuals specified in points a, b, c, d, and đ of Clause 1 of Article 74 of the Foreign Trade Management Law 2017.

2. Interested parties with a relationship of affiliation with the requesting party and the requested party in a trade remedy case are determined in the following situations:

Clause 2. A party may be deemed to control another party when it has the power to influence the financial policies and operations of the other party to gain economic benefits from its business activities.

b) Both parties are directly or indirectly controlled by a third party;

c) Both parties directly or indirectly control a third party.

d) One party is identified as controlling another party according to Clause 2 of Article 5 of Decree No. 86/2025/NĐ-CP dated April 11, 2025 of the Government detailing certain provisions of the Foreign Trade Management Law 2017 on trade remedy measures.

Article 8. Rights and Obligations of Interested Parties in Anti-Dumping and Countervailing Measures Investigation or Review Cases

1. Interested parties as defined in Clause 1 of Article 7 of this Circular have the following rights and obligations:

a) To provide truthful information and necessary documents related to the trade remedy investigation according to their own perspective or upon request of the Investigating Authority;

b) To request the Investigating Authority to keep information confidential as stipulated in Article 11 of this Circular;

c) To access information about the trade remedy investigation of the Investigating Authority, except for information kept confidential as stipulated in Article 11 of this Circular;

d) To participate in consultations and present their views, provide evidence, and documents related to the trade remedy case.

2. Interested parties as defined in Clause 2 of Article 7 of this Circular have the rights and obligations prescribed in Article 8 of Decree No. 86/2025/NĐ-CP dated April 11, 2025 of the Government detailing certain provisions of the Foreign Trade Management Law 2017 on trade remedy measures.

Chapter III

INFORMATION AND DOCUMENTS SUPPLY, COLLECTION, AND CONFIDENTIALITY OF INFORMATION AND DOCUMENTS

Article 9. Provisions on the provision and collection of information and documents in cases of investigation for the application or review of anti-dumping measures and countervailing measures

1. The provision and collection of information and documents in cases of investigation for the application or review of anti-dumping measures and countervailing measures shall be carried out in accordance with Article 75 of the Law on Foreign Trade Management 2017. Manufacturers and exporters not subject to countervailing measures as stipulated in Article 96 of Decree No. 86/2025/NĐ-CP of the Government detailing certain provisions of the Law on Foreign Trade Management on anti-dumping measures shall provide information according to the model attached in Appendix IV of this Circular.

2. In case a party refuses to allow the Investigating Authority access or refuses to provide information and documents upon request, the Investigating Authority has the right to use information and documents provided by the party or collected independently by the Investigating Authority or existing information and documents.

Article 10. Types of information and documents to be made public in cases of investigation for the application or review of anti-dumping measures and countervailing measures

Where parties have a request, the Investigating Authority shall consider providing a public version of the following types of information and documents:

1. Investigation request file and accompanying appendices provided by the Requesting Party;

2. Documents provided by parties to register participation in the case;

3. Responses to questions and supplementary responses provided by parties during the investigation process;

4. Documents provided by parties to the Investigating Authority during the investigation or review of the application of anti-dumping measures and countervailing measures including: documents for organizing consultations; comments on the investigation request file and accompanying appendices provided by parties;

5. Minutes of meetings or summaries of public consultation sessions related to the investigation conducted by the Investigating Authority;

6. Notifications from the Investigating Authority and the Minister of Industry and Trade, including notifications regarding receipt of the investigation request file, preliminary conclusions, final conclusions, registration forms for parties, questionnaires sent, public consultation sessions, scope of investigation samples, acceptance or non-acceptance of commitment proposals;

7. Other information related to the investigation or review of the application of anti-dumping measures and countervailing measures that the Investigating Authority considers to be made public during the investigation process.

Article 11. Confidentiality of information and documents in cases of investigation for the application or review of anti-dumping measures and countervailing measures

1. The Investigating Authority shall consider and approve confidentiality requests for information provided by parties in cases of investigation for the application or review of anti-dumping measures and countervailing measures, including:

a) Business secrets related to the nature of a product or production process;

b) Non-public information about business activities, financial status of enterprises including: production costs; selling expenses; sales terms; specific transaction prices, anticipated transactions, or other offers; customer, distributor, supplier information; enterprise financial information;

c) Information on the margin of dumping of each specific enterprise in anti-dumping investigations;

d) Information on benefits enjoyed by the Respondent in each subsidy program under investigation or review in countervailing duty investigations, except for information describing the operation of the program, benefits recorded in documents or publicly disclosed; subsidy rates calculated per transaction for each Respondent in a program;

e) Other information that the Investigating Authority determines would cause significant harm to the provider of the information or to persons from whom the provider obtained the information, or significantly affect the competitive advantage of the information provider if disclosed.

2. In case of refusal to grant confidentiality, the Investigating Authority shall notify the reasons clearly within 45 days from the date of receiving the request.

Chapter IV

EXEMPTION FROM APPLICATION OF TRADE REMEDY MEASURES

Section 1

SCOPE, TIME LIMIT, SUBJECTS, CRITERIA FOR CONSIDERING EXEMPTION FROM APPLICATION OF TRADE REMEDY MEASURES

Article 12. Scope of Consideration for Exemption from Application of Anti-dumping Measures

1. The Minister of Industry and Trade shall consider granting exemption from the application of anti-dumping measures in certain specific cases on the principle of not reducing the overall effectiveness of such measures.

2. Imported goods subject to anti-dumping measures may be considered for exemption from such measures if they fall under any of the following circumstances:

a) Goods listed for consideration of exemption as provided in the decision on the application of anti-dumping measures or decisions on the results of reviews of each case;

b) Goods for which domestic production in the relevant case does not exist;

c) Goods with characteristics different from domestically produced goods that cannot be substituted by those domestically produced goods;

d) Goods being special products of similar goods or directly competing goods produced domestically;

đ) Similar goods or directly competing goods produced domestically are not sold on the domestic market under normal conditions or in cases of force majeure leading to a shortage of supply in the domestic production sector;

e) Imported goods within the total quantity proposed for exemption as stipulated from point a to point đ of Clause 2 of this Article serving research, development, and other non-commercial purposes.

Article 13. Duration of Exemption from Application of Anti-dumping Measures

1. The total duration of exemption from the application of anti-dumping measures shall not exceed the validity period of the corresponding anti-dumping measure. The Minister of Industry and Trade shall consider and decide the duration of exemption for applications for exemption from the application of anti-dumping measures according to one of the cases specified in Clauses 2, 3, and 4 of this Article.

2. For applications for exemption from temporary anti-dumping measures as provided in point a of Clause 1 of Article 17 of this Circular, the duration of exemption shall be calculated from the date the temporary anti-dumping measure becomes effective until the end of its application period.

3. For applications for exemption from anti-dumping measures as provided in point b of Clause 1 of Article 17 of this Circular, the duration of exemption shall be calculated from the date the anti-dumping measure becomes effective until December 31 of the same year. In cases where the formal anti-dumping measure becomes effective in October, November, or December, the duration of exemption shall be calculated from the date the decision on the application of the formal anti-dumping measure becomes effective until December 31 of the following year.

4. For applications for exemption from anti-dumping measures as provided in point c of Clause 1 of Article 17 of this Circular, the duration of exemption shall be calculated from January 1 to December 31 of the year in which the application for exemption is received.

5. For applications for exemption from anti-dumping measures as provided in point d of Clause 1 of Article 17 of this Circular, the duration of exemption shall be calculated from January 1 to December 31 of the following year.

6. For additional exemption applications received by the Investigating Authority pursuant to Clause 4 of Article 17 of this Circular, the duration of additional exemption shall be calculated based on the duration of the initial exemption decision.

Article 14. Subjects Requesting Exemption from Anti-dumping Measures

The subjects requesting exemption from anti-dumping measures include:

1. Individuals, organizations, or branches of organizations importing and using goods under investigation for the application of anti-dumping measures for production purposes;

2. Other organizations and individuals as decided by the Minister of Industry and Trade.

Article 15. Criteria for Considering and Form of Exemption from Anti-dumping Measures

1. In each specific case, the consideration of goods requesting exemption from anti-dumping measures within the scope specified in Article 12 of this Circular shall be based on one or more of the following criteria:

a) Composition; physical characteristics; chemical characteristics; technical standards and specifications; purpose of use of the goods requesting exemption from anti-dumping measures;

b) The ability to produce similar goods or directly competing goods in the domestic industry in the corresponding case compared to the goods proposed for exemption consideration;

c) The substitutability of similar goods or directly competing goods produced domestically with the goods proposed for exemption consideration;

d) Conclusions, opinions of agencies, organizations, business associations, industries, and other related technical documents regarding the goods requesting exemption from anti-dumping measures; standards and specifications of the goods requesting exemption from anti-dumping measures.

2. In each specific case, the consideration of exemption from anti-dumping measures shall be in the form of restrictions on the quantity and volume of goods exempted, and the purpose of the exemption.

3. The Minister of Industry and Trade shall not consider granting exemption from anti-dumping measures for goods subject to anti-dumping measures in the following cases:

a) The application of exemption from anti-dumping measures for such goods may lead to fraudulent behavior aimed at evading the application of anti-dumping measures;

b) Organizations and individuals who have been granted exemption from anti-dumping measures for such goods are found to be non-cooperative or insufficiently cooperative according to the requirements of the post-exemption inspection and verification team of the Investigative Authority.

Section 2

ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR EXEMPTION FROM ANTI-DUMPING MEASURES

Article 16. Application for Exemption from Anti-dumping Measures, Supplementary Application for Exemption

1. The application for exemption from anti-dumping measures (hereinafter referred to as the application for exemption) includes the following documents and materials:

a) An application for exemption from anti-dumping measures according to the model attached as Appendix II to this Circular;

b) Information describing the imported goods requesting exemption, including: scientific name, trade name, common name; basic physical and chemical characteristics; main purpose of use; production process; international and Vietnamese standards and commodity codes according to the list of Vietnamese export and import goods;

c) Documents, materials, or samples proving the difference between the goods requesting exemption and similar goods or directly competing goods produced domestically in cases where the subject requests exemption under points c and d of Clause 2 of Article 12 of this Circular;

d) Information and images about the production facility, production line, and production process of products using the imported goods requesting exemption as raw material inputs provided by the applicant of the application for exemption;

đ) Consumption quotas in accordance with the law or planned usage rates and scrap, waste, surplus raw materials, and supplies of the imported goods requesting exemption;

e) A declaration of import customs clearance listing the volume, quantity, and value of imports of the goods requesting exemption over the last two years and the current year (if applicable);

g) Reports on the import, export, and inventory of the goods requesting exemption and products produced from the goods requesting exemption over the last two years and the current year (if applicable);

h) Materials demonstrating the need for the volume and quantity of goods requesting exemption, such as: production plans, sales plans; contracts signed with customers; approval results of ongoing projects or other relevant documents;

i) Other documents provided by the applicant of the application for exemption to prove the necessity of the request for exemption.

2. In cases where organizations and individuals submit supplementary applications for additional quantities of goods that have already been exempted from anti-dumping measures (hereinafter referred to as supplementary applications for exemption) to the Investigative Authority as stipulated in Clause 4 of Article 17 of this Circular, the supplementary application for exemption shall include the following documents:

a) An application for exemption (supplementary) from anti-dumping measures according to the model attached as Appendix II to this Circular;

b) A self-monitoring report on the reduction of imported quantities of exempted goods and a table detailing the volume, quantity, and value of imports of supplementary exempted goods according to each import declaration;

c) Reports on the import, export, and inventory of the goods requesting exemption and products produced from the goods requesting exemption in the most recent year and the current year;

d) Production plans for the subsequent period;

đ) Other documents provided by the applicant of the supplementary application for exemption to prove the necessity of the supplementary request for exemption.

Article 17. Notification of Acceptance of Applications for Exemption and Additional Exemption Applications

1. The Investigative Agency shall notify the acceptance of applications for exemption at the following times:

a) Within seven working days from the date the Ministry of Industry and Trade issues a decision to apply provisional trade remedy measures;

b) Within seven working days from the date the Ministry of Industry and Trade issues a decision to apply definitive trade remedy measures or a decision to extend definitive trade remedy measures or a decision on the review of product scope;

c) The first working day of March and September each year;

d) The first working day of October each year.

2. In case there is a change in the trade remedy measure, the Investigative Agency shall promptly notify organizations and individuals applying for exemption so that they can plan their business accordingly.

3. Within thirty days from the date the Investigative Agency notifies the acceptance of the application for exemption, the organization or individual applying for exemption must submit the application for exemption as prescribed in Article 16 of this Circular to the Investigative Agency, except in cases stipulated in Clause 4 of this Article or other cases decided by the Minister of Industry and Trade.

4. In case an organization or individual has a need to request additional quantities of goods that have been exempted from the application of trade remedy measures, they shall follow the procedures for submitting an additional exemption application as prescribed in Clause 2 of Article 16 of this Circular to the Investigative Agency without being limited by the submission deadline.

Article 18. Submission of Applications for Exemption and Additional Exemption Applications

Organizations and individuals submitting applications for exemption and additional exemption applications shall submit samples of related products along with the application in one of the following forms:

1. Submit directly to the Investigative Agency;

2. Submit through postal service;

3. Submit online via the Government Public Service Portal in accordance with the provisions of the law.

Article 19. Examination of Applications for Exemption and Additional Exemption Applications

1. Within seven working days from the date of receipt of the application for exemption and additional exemption application, the Investigative Agency shall notify the individual or organization about the completeness and validity of the application. If the application is incomplete or invalid, the Investigative Agency shall notify the organization or individual to supplement it.

2. Within twenty days from the date the Investigative Agency issues a notification requesting supplementation, the individual or organization applying for exemption shall be responsible for providing complete and accurate information on the requested supplementation. If no supplementary information is received within the aforementioned period, the Investigative Agency shall notify the individual or organization that submitted the application for exemption from trade remedy measures and the additional exemption application that the application will not be further processed.

3. Within thirty-five days from the date the Investigative Agency notifies the application is complete and valid, the Investigative Agency shall conduct an examination and report to the Minister of Industry and Trade for consideration and decision on granting exemption from the application of trade remedy measures. In case of non-exemption from the application of trade remedy measures, the reasons shall be clearly stated.

4. During the examination process of the initial application for exemption from trade remedy measures submitted by an individual or organization, if there is doubt about the accuracy of the information provided in the application for exemption, the Investigative Agency may conduct an on-site examination of the production facility or production line to verify the authenticity and accuracy of the provided information after notifying the plan for the examination and receiving the consent of the individual or organization that submitted the application for exemption.

Article 20. Content and Notification of Decisions on Exemption from Application of Anti-Dumping Measures, Supplementary Exemption Decisions

1. Decisions on exemption from application of anti-dumping measures, supplementary exemption decisions shall include the following contents:

a) The name of the organization or individual exempted from the application of anti-dumping measures;

b) The name of the imported goods exempted from the application of anti-dumping measures;

c) The quantity and volume of imported goods exempted from the application of anti-dumping measures;

d) The duration of the exemption;

đ) Conditions and obligations of organizations and individuals exempted from the application of anti-dumping measures.

2. The investigating agency shall send decisions on exemption from application of anti-dumping measures, supplementary exemption decisions to the organizations and individuals that submitted applications and publicly announce such decisions on the Ministry of Industry and Trade's electronic portal and the investigating agency’s website.

Article 21. Customs Procedures and Customs Inspections for Goods Exempted

1. Goods exempted must go through customs procedures and be subject to inspection and supervision by the customs authority in accordance with the provisions of the customs law.

2. When going through customs procedures, in addition to the customs declaration dossier as prescribed, the importing organization or individual must submit a copy of the exemption decision to the customs authority.

3. The customs authority shall manage and monitor the quantity of imported/exported goods based on the quantity of goods exempted according to the exemption decision. The tracking of the import and export quantities shall be carried out in accordance with the provisions of the customs law.

Article 22. Refund of Anti-Dumping Duties for Exempted Goods

1. In cases where imported goods are exempted from the application of anti-dumping measures, organizations and individuals are entitled to a refund of anti-dumping duties paid for declared import shipments within the exemption period specified in the exemption decision.

2. The procedure for refunding anti-dumping duties stipulated in Clause 1 of this Article shall be implemented in accordance with the legal regulations on tax management.

Article 23. Periodic Reporting

1. Periodically, organizations and individuals exempted from the application of anti-dumping measures must submit reports on the situation of imports and use of exempted goods and compliance with exemption conditions and obligations to the investigating agency in writing or via electronic means as follows:

a) Before February 1st each year, organizations and individuals exempted must submit a report for the last six months of the previous year;

b) Before August 1st each year, organizations and individuals exempted must submit a report for the first six months of the year.

2. Organizations and individuals exempted must submit reports using the form attached as Appendix III to this Circular.

Article 24. Handling of Scrap Materials, Surplus Raw Materials, and Excess Supplies

1. Scrap materials, surplus raw materials, and excess supplies within the limits set forth in Point đ Clause 1 of Article 16 of this Circular may be sold or consumed domestically without paying anti-dumping duties.

2. Scrap materials, surplus raw materials, and excess supplies outside the limits set forth in Point đ Clause 1 of Article 16 of this Circular, when sold or consumed domestically, must pay anti-dumping duties and other taxes as prescribed by law.

Section 3

INSPECTION AND RECOVERY OF DECISIONS ON EXEMPTION FROM APPLICATION OF ANTI-DUMPING MEASURES

Article 25. Post-exemption Inspection

1. The post-exemption inspection shall be conducted according to risk management methods prescribed by law to select inspected entities, scope of inspection, and content of inspection for organizations and individuals granted exemption.

2. Post-exemption inspection aims to verify compliance of organizations and individuals with conditions and legal regulations on exemption from trade remedy measures.

3. Contents of post-exemption inspection include:

a) Verification of the legal status of organizations and individuals granted exemption;

b) Verification of the accuracy of exempted goods based on the exemption application dossier submitted to the Investigating Authority;

c) Verification of the completeness, legality, and validity of customs declaration files, accounting records, financial reports, documents, and data related to imported exempted goods;

d) Verification of compliance with conditions and obligations stipulated in the exemption decision for the applicant;

đ) Verification of usage quotas for raw materials, consumption quotas for materials, and surplus raw materials and materials for exempted goods;

e) Verification of scrap rates of exempted goods.

Article 26. Implementation of Post-exemption Inspection

1. Based on the Investigating Authority's proposal, the Minister of Industry and Trade decides on the post-exemption inspection plan. The inspection team, established by the Investigating Authority, carries out the inspection tasks within the scope, time frame, and content specified in the inspection decision. The head of the inspection team must be a civil servant of the Investigating Authority.

2. The Investigating Authority informs the post-exemption inspection plan and decision to organizations and individuals granted exemption in writing in accordance with legal provisions and inspection regulations before conducting the inspection.

3. Organizations and individuals subject to inspection have the responsibility to appoint authorized representatives and relevant staff to provide documents, certificates, and materials as required and directly work on inspection contents with the inspection team.

4. During the implementation of post-exemption inspection, the Investigating Authority has the authority to collect evidence and verify through requesting organizations and individuals related or capable of clarifying issues of concern, inconsistencies, or signs of legal violations. Evidence collection and verification activities include:

a) Requesting state management agencies, authorized organizations and individuals, and related parties to cooperate in collecting evidence and verifying information;

b) Verification methods include sending written requests and requiring written responses; or dispatching personnel to work directly with related agencies, organizations, and individuals based on the introducer's letter;

c) Verification results are recorded in working minutes; response letters; accompanying files, documents, and physical evidence. Verification results serve as grounds for examining cases.

Article 27. Results of Post-exemption Inspection

1. Based on inspection results, the inspection team immediately prepares a working record after completing the inspection at the inspection site and reports the inspection results to the agency issuing the inspection decision.

2. Based on inspection results, the inspection team recommends appropriate handling measures to the agency issuing the inspection decision or processes the transfer of violation case files of organizations and individuals to competent authorities as prescribed by law.

3. The agency issuing the inspection decision bases its inspection conclusion on the inspection team's report. In cases where the inspection team recommends according to Clause 2 of this Article, the head of the inspection team sends a draft inspection conclusion to the inspected entity. If the inspected entity disagrees with the draft inspection conclusion's content, it submits written comments and supporting documents to the agency issuing the inspection decision within five working days from receipt of the draft inspection conclusion.

4. Upon expiration of the period specified in Clause 3 of this Article, if the agency issuing the inspection decision does not receive written comments from the inspected entity, it is deemed that the inspected entity agrees with the content of the draft inspection conclusion.

5. After the comment period, the inspection team is responsible for:

a) Reviewing the explanation document of the inspected entity or working with the authorized representative of the inspected entity if there are unresolved issues or need for clarification;

b) For cases requiring specialized technical expertise or insufficient basis for conclusions, the issuance of the inspection conclusion will be carried out after receiving opinions from specialized agencies and units.

Article 28. Revocation of Exemption Decisions

1. The Minister of Industry and Trade shall consider revoking exemption decisions that have been issued in cases where organizations or individuals commit any of the following acts:

a) Organizations or individuals fail to comply with provisions set out in the exemption decision;

b) Organizations or individuals provide inaccurate, incomplete, or false information or data, files, and certificates related to production and business activities;

c) Organizations or individuals fail to fulfill their obligation to submit periodic reports or provide inaccurate, incomplete, or false information in periodic reports pursuant to Article 23 of this Circular.

2. The procedures for revoking exemption decisions applying anti-dumping measures are as follows:

a) The investigating authority reports to the Minister of Industry and Trade on the discovery of acts stipulated in Clause 1 of this Article and proposes consideration for revoking the exemption decision applying anti-dumping measures;

b) The Minister of Industry and Trade considers issuing a decision to revoke the exemption decision applying anti-dumping measures based on the proposal of the investigating authority;

c) The investigating authority notifies the individual or organization whose exemption decision applying anti-dumping measures has been revoked, the customs authority, and publicly announces the decision to revoke the exemption decision applying anti-dumping measures on the Ministry of Industry and Trade's electronic portal and the investigating authority's website.

3. The Ministry of Industry and Trade coordinates with tax management agencies, customs authorities, and other competent agencies to handle organizations or individuals whose exemption decisions have been revoked, requiring them to pay back taxes, make tax payments, or take other forms of handling according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 29. Effective Date

Article 32. Responsibilities of Agencies

2. The following Circulars cease to be effective from the date this Circular takes effect:

a) Circular No. 37/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures;

b) Circular No. 42/2023/TT-BCT dated December 28, 2023, issued by the Minister of Industry and Trade amending and supplementing certain articles of Circular No. 37/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures.

3. In cases where legal normative documents cited and applied in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new regulations.

4. During the implementation of this Circular, if there are any difficulties, relevant agencies, organizations, and individuals should promptly reflect them to the investigating authority and the Ministry of Industry and Trade for examination and resolution.

Article 30. Transitional Provisions

Anti-dumping investigations that have received complete and valid investigation files and exemption application files before the date this Circular takes effect will be examined and resolved according to the provisions of Circular No. 37/2019/TT-BCT dated November 29, 2019, issued by the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures, which has been amended and supplemented by Circular No. 42/2023/TT-BCT dated December 28, 2023, issued by the Minister of Industry and Trade./.

SAMPLE TRAINING CERTIFICATE FOR ARTIFICIAL INSEMINATION AND EMBRYO TRANSFER TECHNIQUES FOR CATTLE, BUFFALO, GOATS, SHEEP, AND HORSES APPLICATION FOR RELATED PARTY STATUS
ANTI-DUMPING INVESTIGATION CASE

(Issued together with Circular No. 26/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures)

APPLICATION FOR RELATED PARTY STATUS
ANTI-DUMPING MEASURES INVESTIGATION CASE

Case Name: ………………………………………………………………

Case Code: ……………………………………………………………….

 

Respectfully submitted to: Department of Trade Remedies - Ministry of Industry and Trade

 

My name is: …

Position: …

On behalf of the Company, Unit (if an individual, specify "individual"):

…………………………………………………………………………………

Address: …

Contact phone number: ...

E-mail: …

As[1]: ………………………………………………………………….

I hereby apply to participate as a related party in the above-mentioned anti-dumping measures investigation case, requesting the investigating authority to consider and approve my status as a related party.

I do not have a legal representative[2]  or I have a legal representative² who is: …

…………………………………………………………………………………..

(accompanied by the address, phone number, email address of the legal representative)./.

ANNEXII: APPLICATION FOR EXEMPTION FROM APPLYING ANTI-DUMPING MEASURES

(Issued together with Circular No. 26/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures)

 PETITION FOR APPLICATION
EXEMPTION FROM APPLICATION OF TRADE REMEDY MEASURES

I. INFORMATION ON THE ORGANIZATION OR INDIVIDUAL REQUESTING EXEMPTION

1. NAME OF THE ORGANIZATION OR INDIVIDUAL:…

Registration Information: …

Abbreviation (if applicable): …

Address (according to the registration certificate):

…………………………………………………………………………………

Legal Representative (Full name, Position):………………………….

Contact Person:…

Position:...

Contact phone number: ...

Email:…

2. LEGAL REPRESENTATIVE (IF APPLICABLE):

Full name:…

Address:…

Phone number:...

Email:…

3. BUSINESS SECTOR

Clearly state the type of activity of the enterprise (production, trading, import, using goods for production, other...)

…………………………………………………………………………………

II. INFORMATION ON IMPORTED GOODS REQUESTING EXEMPTION

1. NAME AND FULL DESCRIPTION OF GOODS REQUESTING EXEMPTION

(accompanied by necessary documents)

………………………………………………………………………………….

2. PROVIDE DETAILED INFORMATION ON THE PRODUCTS REQUESTING EXEMPTION AS PER THE FOLLOWING TABLE[3]

(provide available documents along with a clear description)

……………………………………………………………………………………

2.1. First goods requesting exemption:

HS Classification Code:

provide information similar to that provided in Section 2.1..

(CIII. REASON FOR REQUESTING EXEMPTIONitself Clearly state the basis and reasons for requesting the investigating authority to exempt the application)

…………………………………………………………………………………….

…………………………………………………………………………………….

of anti-dumping measures for imported goods in the case.ề IV. QUANTITY AND VALUE OF IMPORTS

N |||Provide information on the quantity and value of imports of goods requesting exemption over the last organizations and individuals three years and up to the present date The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam.according to the model below|||Investigated Exporting Country

……………………………………………………………………………………

……………………………………………………………………………………

Current Year -3ề Current Year -2

CCurrent Year -1June 2024; Current YearẽQuantity (unit2 Value (unit (of gasoline, diesel, LPG Unit Price (unit:

List all documents attached to clarify the goods requesting exemption. VII. COMMITMENTS the information, data in this Section (if there is).

V. KHVIETNAM TOBACCO ASSOCIATIONI QUANTITY, AMOUNT Dề ECISION MININ EXEMPTION

State Format of the material (erased, poorly written and difficult to read, not in accordance with formatting standards) the quantity proposed for exemption and the basis for determining these figures.

…………………………………………………………………………………….

VI. DOCUMENTS AND INFORMATION TO CLARIFYE DESCRIPTION OF GOODS GIANT ATTACHED WITH THE APPLICATION

List specifically the documents attached to clarify the goods proposed for exemption.

…………………………………………………………………………………….

VII. COMMITMENTSếd.1. Amount of taxable income in Vietnam:

The signatory (legal representative of the enterprise) hereby commits that the information provided above is complete and accurate., c Qu"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."true and understand that this information will be reviewed and verified by the Investigative Agency.developmentI am willing to accept the Investigative Agency's on-site verification at the enterprise's premises.

I am ready to accept the Investigative Agency's on-site verification at the enterprise's premises. trto verify the information provided in this Request for Proposal. foreign-invested enterprises that have invested in constructing power facilities outside the fence. In case the Investigative Agency of the Ministry of Industry and Trade discovers any violations, the enterprise is willing to bear full responsibility under the law and have the exempted import tax amount recovered according to the law./.

ANNEX III: REPORT ON IMPORT AND USE OF GOODS EXEMPT FROM TRADE DEFENSE MEASURES

(Annexed to Circular No. 26/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade detailing certain contents regarding trade defense measures)  Regarding the report on import and use of goods exempt from trade defense measures

 

REPORT ON IMPORT AND USE OF GOODS EXEMPT FROM TRADE DEFENSE MEASURES

 

Respectfully submitted to: Department of Trade Remedies - Ministry of Industry and Trade

 

Pursuant to Decision No.../QĐ-BCT dated... month... year... of the Ministry of Industry and Trade on exemption from application of measures for enterprises importing goods...,

The enterprise reports on the situation of import and use of goods exempt from trade defense measures as follows:

1. Information about organizations and individuals exempted:

Legal representative (name, position):...

Registration Information: …

Abbreviated name (if any): …

Address:…

Phone number:...

Email:…

accompanied by address, phone number, email address

Contact Person:…

(2. Reporting period:)

From... day... month... year... to... day... month... year... 3. Import data of goods exempted during the reporting period

Quantity / volume

From... day... month... year... to... day... month... year...

Value (USD/VND)

Opening inventory

ANNEX IV:

Pursuant to Decree No. 86/2025/NĐ-CP dated April 11, 2025, issued by the Government detailing certain provisions of the Law on Foreign Trade Management concerning trade defense measures,, Pursuant to Circular No. 26/2025/TT-BCT dated May 15, 2025, issued by the Ministry of Industry and Trade detailing certain contents regarding trade defense measures,

Pursuant to Decision No.../QĐ-BCT dated... month... year... of the Ministry of Industry and Trade on applying anti-evading measures for trade defense measures against..., The enterprise reports on production and business operations as follows:

(Issued together with Circular No. 26/2025/TT-BCT dated May 15, 2025, issued by the Minister of Industry and Trade detailing certain contents regarding anti-dumping measures)

The enterprise reports on production and business operations as follows:

 

Respectfully submitted to: Department of Trade Remedies - Ministry of Industry and Trade

 

2. Reporting period (six months):

3. Quantity and value of main raw materials purchased by the enterprise for producing goods under investigation

Supplier's name

Contract date

Invoice number

Registration Information: …

Abbreviated name (if any): …

Address:…

Phone number:...

Email:…

accompanied by address, phone number, email address

Contact Person:…

(2. Reporting period:)

Invoice date 3. Import data of goods exempted during the reporting period

Currency on invoice (VND or other currency)

Accompanied by the report on inventory of production of goods under investigation (soft copy) within the corresponding period.

Value and

Accompanied by the report on inventory of production of goods under investigation (soft copy) within the corresponding period. 

of goods under investigation sold domestically and

6.1. Summary table

16. Hot water bottles and electric water heaters of various types.Sale of goods under investigation Domestic sales Actual status of operation of equipment Export sales to Vietnam Accompanied by the report on inventory of sales of goods under investigation (soft copy) within the corresponding period.

6.2. Detailed table of each export sale transaction of goods under investigation

(e.g., requesting party, requested party, domestic importer, foreign exporter,...)

In case of registration with

representation

Pursuant to Decree No. 86/2025/NĐ-CP dated April 11, 2025, issued by the Government detailing certain provisions of the Law on Foreign Trade Management concerning trade defense measures,, Pursuant to Circular No. 26/2025/TT-BCT dated May 15, 2025, issued by the Ministry of Industry and Trade detailing certain contents regarding trade defense measures,