Circular No. 28/2025/TT-BCT amends and supplements certain provisions of Circular No. 30/2020/TT-BCT dated November 26, 2020, issued by the Minister of Industry and Trade to guide the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union on trade defense.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 30/2020/TT-BCT dated November 26, 2020 issued by the Minister of Industry and Trade guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union on trade defense measures

of the Minister of Industry and Trade guiding the implementation

of the Free Trade Agreement between the Socialist Republic of Vietnam and

the European Union 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 European Union;

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

The Minister of Industry and Trade issues this Circular amending and supplementing certain provisions of Circular No. 30/2020/TT-BCT dated November 26, 2020 issued by the Minister of Industry and Trade guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union on trade defense measures.

Article 1. Amending and supplementing certain provisions of Circular No. 30/2020/TT-BCT dated November 26, 2020 issued by the Minister of Industry and Trade guiding the implementation of the Free Trade Agreement between the Socialist Republic of Vietnam and the European Union on trade defense measures

1. Amending and supplementing Clause 4 of Article 3 as follows:

"4. The domestic industry in the investigation and 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 account for a significant share of the total production of that product produced domestically. The determination of the significant share of the domestic industry's representative shall be carried out in accordance with Point b Clause 2 and Clause 3 of Article 4 of Decree No. 86/2025/NĐ-CP."

2. Amending and supplementing Clause 3 of Article 6 as follows:

"3. The examination of the request 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. Request file for investigation and application of bilateral safeguard measures

1. The request file for investigation and application of bilateral safeguard measures (referred to as the request file in this Chapter) includes papers, documents, and evidence as stipulated in Article 63 of Decree No. 86/2025/NĐ-CP.

2. The request file for investigation and application of bilateral safeguard measures as stipulated in Article 63 of Decree No. 86/2025/NĐ-CP must meet the following specific additional 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 tariff rates under the Agreement subject to investigation for the application of bilateral safeguard measures. In which, 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 at point a of this clause in at least three consecutive years before submitting the request 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 before submitting the request 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 request file;

d) Specific requests for the application of bilateral safeguard measures, duration of application, and degree of application."

4. Amending and supplementing Clause 3 of Article 10 as follows:

"3. Interested parties in the case may access information and documents provided by other interested parties to the Investigating Authority in accordance with Clause 3 of Article 74 of the Law on Foreign Trade Management 2017."

Article 2. Implementation clause

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 regulations./.