Circular No. 29/2025/TT-BCT amends and supplements certain provisions of Circular No. 07/2022/TT-BCT dated March 23, 2022, issued by the Minister of Industry and Trade guiding the implementation of anti-dumping measures under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 07/2022/TT-BCT dated March 23, 2022, issued by the Minister of Industry and Trade guiding the implementation of anti-dumping measures under the Comprehensive Regional Economic Partnership Agreement

tháng 3 năm 2022 của Bộ trưởng Bộ Công Thương hướng dẫn thực hiện

các biện pháp phòng vệ thương mại trong Hiệp định Đối tác Kinh tế

Toàn diện và Tiến bộ xuyên Thái Bình Dương

_______________

cănPursuant 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 some provisions of the Law on Foreign Trade Management on trade defense measures;

Implementing the Comprehensive Regional Economic Partnership Agreement;

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

The Minister of Industry and Trade issues this Circular to amend and supplement Amending and supplementing certain provisions of Circular No. 07/2022/TT-BCT dated March 23, 2022, issued by the Minister of Industry and Trade guiding the implementation of trade remedy measures under the Comprehensive Regional Economic Partnership Agreement.

Article 1. Amending and supplementing certain provisions of Circular No. 07/2022/TT-BCT dated March 23, 2022, issued by the Minister of Industry and Trade guiding the implementation of trade remedy measures under the Comprehensive Regional Economic Partnership Agreement

1. Amending and supplementing Clause 5 of Article 3 as follows:

"5. The domestic industry in the investigation and application of transitional safeguard measures under the RCEP Agreement shall be a group of producers of similar goods or directly competing goods within the territory of Vietnam or their representatives who account for a significant share in the total production volume of such goods produced domestically. The determination of the significant share of the domestic industry's representatives 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. Amending and supplementing Clause 5 as follows:

"Article 5. Method for calculating dumping margin

When calculating the dumping margin as provided for in Point a and Point b Clause 2 of Article 26 of Decree No. 86/2025/NĐ-CP, the investigating authority must aggregate all individual margins, whether positive or negative, into the overall margin of each foreign producer/exporter. This provision does not limit the rights of the investigating authority to calculate the dumping margin as provided for in Point c Clause 2 of Article 26 of Decree No. 86/2025/NĐ-CP."

3. Amending and supplementing Clause 1 of Article 6 as follows:

"1. Not later than 10 days before the final decision, the investigating authority has the obligation to publish in writing the key data in the draft final investigation conclusion. Interested parties have the right to submit comments within the time frame specified in Clause 1 of Article 8 of Decree No. 86/2025/NĐ-CP. The investigating authority will consider and respond to the comments of interested parties in the final investigation conclusion of the case."

4. To amend and supplement Article 7 as follows:

"Article 7. Handling confidential information

When providing confidential information to the investigating authority as stipulated in Article 75 of the Law on Foreign Trade Management 2017, interested parties must provide a public summary of the confidential information."

5. Amending and supplementing Article 10 as follows:

"Article 10. Application dossier for the investigation of the application of transitional safeguard measures under the RCEP Agreement

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

2. The application dossier for the investigation of the application of transitional safeguard measures as prescribed in Article 63 of Decree No. 86/2025/NĐ-CP must meet the following specific additional contents:

a) Information describing imported goods as prescribed 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 the investigation of the application of transitional safeguard measures. The commodity code must be based on the Special Preferential Import Tariff Schedule to implement the RCEP Agreement;

b) Information on the quantity, volume, and value of imported goods as prescribed in Point a of this clause in at least three consecutive years prior to submitting the application dossier and including at least six months after the Agreement becomes effective for one or more member countries subject to the investigation of the application of transitional safeguard measures;

c) Information, data, and evidence regarding serious injury or threat of serious injury to the domestic industry as prescribed 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 dossier and including at least six months after the Agreement becomes effective for one or more member countries subject to the investigation of the application of transitional safeguard measures. 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 dossier;

d) Specific requirements for the application of transitional safeguard measures under the RCEP Agreement, the duration of application, and the level of application."

6. Amending and supplementing Clause 1 of Article 11 as follows:

"1. The review of the application dossier, investigation, and application of transitional safeguard measures under the RCEP Agreement 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."

7. Amending and supplementing Clause 1, Clause 5, and Clause 8 of Article 12 as follows:

"1. In cases where necessary, based on the preliminary investigation conclusion, the Minister of Industry and Trade decides to apply temporary transitional safeguard measures under the RCEP Agreement. The application of temporary transitional safeguard measures under the RCEP Agreement shall be implemented in accordance with Clause 1 of Article 95 of the Law on Foreign Trade Management 2017 and Article 70 of Decree No. 86/2025/NĐ-CP."

"5. Transitional safeguard measures under the RCEP Agreement may be extended for no more than one year based on the results of the final review. The procedures and formalities for the final review of transitional safeguard measures under the RCEP Agreement shall be carried out in accordance with Clause 2 of Article 96 of the Law on Foreign Trade Management 2017 and Article 74 of Decree No. 86/2025/NĐ-CP."

"8. Temporary transitional safeguard measures and transitional safeguard measures under the RCEP Agreement shall not be applied to goods originating from developing member countries. The identification of the list of developing member countries shall be carried out in accordance with Clause 2 and Clause 3 of Article 19 of Decree No. 86/2025/NĐ-CP and the provisions of the RCEP Agreement."

8. Amending and supplementing Clause 7 of Article 13 as follows:

"7. Consultation upon request of interested parties during the investigation of the application or review of the extension of transitional safeguard measures under the RCEP Agreement shall be carried out in accordance with Article 14 of Decree No. 86/2025/NĐ-CP."

Article 2. Implementation clause

This Circular takes effect from July 1, 2025. In cases where the legal normative documents cited for application in this Circular are amended, supplemented, or replaced, the provisions of the newly issued laws shall apply./.