Circular No. 27/2025/TT-BCT amends and supplements certain Articles of Circular No. 14/2021/TT-BCT guiding the implementation of the Free Trade Agreement between Vietnam and the United Kingdom and Northern Ireland on trade defense measures. This document provides detailed regulations on determining the significant proportion representing the domestic production industry, reviewing application request files, conducting bilateral safeguard investigation, and accessing information in investigation cases.
Scope of application
The Ministry of Industry and Trade, relevant agencies, enterprises, and organizations related to trade defense activities.
Key points
- Domestic production industry → determine the significant proportion representing the domestic production industry according to point b Clause 2 and Clause 3 Article 4 of Decree No. 86/2025/NĐ-CP.
- Reviewing application request files, conducting bilateral safeguard investigation → carried out in accordance with the Law on Foreign Trade Management 2017, Decree No. 86/2025/NĐ-CP, and the provisions of this Chapter.
- Application request file for bilateral safeguard investigation → must include specific additional contents regarding import goods information, volume, quantity, value of imported goods, serious damage or threat of serious damage to the domestic production industry, and specific requirements for applying bilateral safeguard measures.
- Parties involved in the investigation case → have access to information and documents provided by other parties to the investigating authority according to Clause 3 Article 74 of the Law on Foreign Trade Management 2017.
🌐 Social impact of this document
- Positive impact: Improving the effectiveness of trade defense law enforcement, ensuring fairness for the domestic production industry.
- Negative impact: May increase costs and time for enterprises when preparing application request files for bilateral safeguard investigation.
❓ Frequently asked questions
How does the domestic production industry determine the significant proportion?
The significant proportion of the representative of the domestic production industry is determined according to point b Clause 2 and Clause 3 Article 4 of Decree No. 86/2025/NĐ-CP.
What contents should be included in the application request file for bilateral safeguard investigation?
The application request file must include information about imported goods, volume, quantity, and value of imported goods, serious damage or threat of serious damage to the domestic production industry, along with specific requirements for applying bilateral safeguard measures.
On what regulations is the review of the application request file for bilateral safeguard investigation based?
The review of the application request is carried out in accordance with the Law on Foreign Trade Management 2017, Decree No. 86/2025/NĐ-CP, and the provisions of this Chapter.
Which party's information can the parties involved in the investigation case access?
Parties involved in the investigation case have access to information and documents provided by other parties to the investigating authority according to Clause 3 Article 74 of the Law on Foreign Trade Management 2017.
When does this circular take effect?
This circular takes effect from July 1, 2025.
Full text
CIRCULAR
Amending and supplementing certain provisions of Circular No. 14/2021/TT-BCT dated October 29, 2021 of the Ministry of Industry and Trade guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom and Ireland on trade defense measures.
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 stipulating 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 defense measures;
Implementing the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom and Ireland on trade defense measures.
Article 1. Amending and supplementing certain provisions of Circular No. 14/2021/TT-BCT dated October 29, 2021 of the Minister of Industry and Trade guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the United Kingdom and Ireland on trade defense measures.
1. Amend and supplement Clause 5 of Article 3 as follows:
"5. The domestic industry under investigation for the application of bilateral safeguard measures is a group of producers of like or directly competitive products within the territory of Vietnam or their representatives who hold a significant share in the total production volume of that industry produced domestically. The determination of the significant share of the domestic industry's representative shall be carried out in accordance with the provisions of Point b Clause 2 and Clause 3 of Article 4 of Decree No. 86/2025/NĐ-CP."
2. Amend and supplement Clause 3 of Article 6 as follows:
"3. The examination of the application file, investigation, and application of bilateral safeguard measures shall be conducted in accordance with the Law on Foreign Trade Management 2017, Decree No. 86/2025/NĐ-CP, and the provisions of this Chapter."
3. Amending and supplementing Article 7 as follows:
Article 7. Application File for Investigation of Bilateral Safeguard Measures
1. The application file for investigation of bilateral safeguard measures (referred to as the application file in this Chapter) includes relevant papers, documents, and evidence as stipulated in Article 63 of Decree No. 86/2025/NĐ-CP.
2. The application file for investigation of bilateral safeguard measures as stipulated in Article 63 of Decree No. 86/2025/NĐ-CP must additionally meet the following specific contents:
a) Information describing imported goods as stipulated in Clause 4 of Article 63 of Decree No. 86/2025/NĐ-CP is information about imported goods enjoying special preferential import tariffs under the Agreement subject to investigation for the application of bilateral safeguard measures. In this regard, the commodity code information must be based on the Export Tariff, Special Preferential Import Tariff to implement the Agreement;
b) Information on quantity, volume, and value of imported goods as stipulated in point a of this clause in at least three consecutive years prior to submitting the application file;
c) Information, data, and evidence on serious injury or threat of serious injury to the domestic industry as stipulated in Clause 7 of Article 63 of Decree No. 86/2025/NĐ-CP is information, data, and evidence in at least three consecutive years prior to submitting the application file. In cases where the domestic industry has been operating for less than three years, the collected data is the entire period of operation of the domestic industry up to the date of submission of the application file;
d) Specific request for the application of bilateral safeguard measures, duration, and degree of application."
4. Amend and supplement Clause 3 of Article 10 as follows:
"3. Parties involved in the investigation case may access information and documents provided by other parties to the Investigating Authority in accordance with Clause 3 of Article 74 of the Law on Foreign Trade Management 2017."
Article 2. Implementation Provisions
This Circular takes effect from July 1, 2025. In cases where the legal documents referred to and applied in this Circular are amended, supplemented, or replaced, they shall be implemented according to the new laws issued.
DEPUTY MINISTER
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