Circular No. 30/2025/TT-BCT amending and supplementing 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 to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

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

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

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

one 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 to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

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

Article 1. Amending and supplementing certain Articles 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 to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

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

The Minister of Industry and Trade issues this Circular to amend and supplement "4. Directly competitive goods are goods that buyers may accept as substitutes for the goods under investigation."

"3. Parties involved in the investigation shall have access to 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."

3. Amending and supplementing Clause 6 of Article 5 as follows:

"6. The review of the application file, investigation, and implementation of transitional safeguard measures must be carried out in compliance with the Law on Foreign Trade Management 2017, Decree No. 86/2025/NĐ-CP, and the provisions set forth in Articles 6, 7, and 8 of this Circular."

4. Supplementing Clause 6 after Clause 5 of Article 4 as follows:

Article 6. Application File for Investigation of Transitional Safeguard Measures:

1. The application file for investigation of transitional safeguard measures (referred to in this Chapter as the application file) 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 transitional safeguard measures as prescribed in Article 63 of Decree No. 86/2025/NĐ-CP must also include the following specific additional contents:

4. AMENDING AND SUPPLEMENTING ARTICLE 6 AS FOLLOWS:

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

b) Information on the volume, quantity, and value of 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 application file and including at least six months after the Agreement takes effect for one or more member countries subject to the investigation 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 for at least three consecutive years prior to submitting the application file and including at least six months after the Agreement takes effect for one or more member countries subject to the investigation of transitional safeguard measures. In cases where the domestic industry has been operating for less than three years, the collected data will cover the entire period of operation of the domestic industry up to the time of submission of the application file;

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

5. Amending and supplementing Clause 2 of Article 7 as follows:

"2. The content of the application file established by the investigating authority must comply with the provisions of Article 6 of this Circular, except for the cases prescribed in Clauses 1, 2, and 3 of Article 63 of Decree No. 86/2025/NĐ-CP."

6. Amending and supplementing Clause 4 of Article 9 as follows:

"4. The review of the application file, investigation, and implementation of emergency measures for textile products must be carried out in compliance with the Law on Foreign Trade Management 2017, Decree No. 86/2025/NĐ-CP, and the provisions set forth in Articles 10, 11, and 12 of this Circular."

7. Amending and supplementing Article 10 as follows:

"Article 10. Provisions on information in the Application File for Emergency Measures for Textile Products

1. The application file for investigation of emergency measures for textile products (referred to in this Chapter as the application file) 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 emergency measures for textile products as prescribed in Article 63 of Decree No. 86/2025/NĐ-CP must also include 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 refers to information describing imported textile products from one or more member countries subject to the investigation of emergency measures. In this context, the commodity code information must be based on the Export Tariff and Preferential Import Tariff to implement the Agreement;

b) Information on the volume, quantity, and value of imported textile products as prescribed in point a of this clause for at least three consecutive years prior to submitting the application file and including at least three months after the Agreement takes effect for one or more member countries subject to the investigation of emergency 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 for at least three consecutive years prior to submitting the application file and including at least three months after the Agreement takes effect for one or more member countries subject to the investigation of emergency measures. In cases where the domestic industry has been operating for less than three years, the collected data will cover the entire period of operation of the domestic industry up to the time of submission of the application file;

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

8. Amending and supplementing Clause 2 of Article 11 as follows:

c) Information, data, and evidence regarding severe damage or a threat of severe damage to the domestic production industry as stipulated in Clause 7, Article 63 of Decree No. 86/2025/NĐ-CP shall be information, data, and evidence for at least three consecutive years prior to submitting the application file and must include at least three months after the Agreement becomes effective for one or more member countries subject to the investigation and application of emergency measures. In cases where the domestic production industry has been operating for less than three years, the collected data shall cover the entire period of operation of the domestic production industry up to the time of submitting the application file;

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

8. Amend and supplement Clause 2 of Article 11 as follows:

"2. The contents of the dossier established by the Investigative Agency must ensure the provisions stipulated 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."

Article 2. Implementation clause

This Circular takes effect from July 1, 2025. In cases where the legal documents cited for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the new regulations issued by law./.