Early warning and guidance on handling trade defense measures against exported goods

A corner of the export storage yard at Tan Vu port, Hai Phong . Photo: Tuan Anh/VNA

Decree No. 86/2025/ND-CP was issued to detail the contents of the Law on Foreign Trade Management related to the issue of determining damage to domestic manufacturing industries, preventing acts of avoiding trade defense measures, as well as providing the basis, process, procedures, time limit, content, and reasons for concluding investigations of trade defense cases (investigations); regulating the application and review of trade defense measures; determining subsidy levels and applying countervailing measures; and at the same time, defining the responsibility for coordination between relevant agencies in the process of conducting investigations and handling trade defense measures against Vietnamese export goods.

Regarding the handling of trade defense measures applied to Vietnamese export goods, the content of the Decree clearly states: "Activities to assist Vietnamese traders who are investigated by importing countries or territories and subject to trade defense measures as prescribed in Article 76 of the Law on Foreign Trade Management shall be carried out on the basis of written requests from Vietnamese traders and relevant industry and trade associations."

The initiation of a lawsuit against an importing country or territory will be carried out by the Ministry of Industry and Trade based on the collected information, combined with coordination and consultation with ministries, ministerial-level agencies and other competent agencies, then reporting and submitting the lawsuit plan to the Prime Minister for approval.

The budget source for trader support activities in this case will be guaranteed by the Ministry of Finance according to Article 76 of the Law on Foreign Trade Management, on condition that the activities must comply with domestic laws and international commitments that Vietnam has participated in.

In the content of the Decree, the Ministry of Industry and Trade is responsible for building and maintaining an early warning system to detect the possibility of Vietnamese export goods being sued for trade defense by other countries, thereby helping businesses and industry associations have information to proactively respond.

The operation and organization of the early warning system for foreign trade defense lawsuits against Vietnamese export goods is assigned to the Ministry of Industry and Trade.

According to the provisions of Clause 1, Article 76 of the Law on Foreign Trade Management, in case of information collected or proposals from Vietnamese traders, associations or organizations representing related enterprises, the Ministry of Industry and Trade will preside over and coordinate with ministries, branches and competent authorities to develop a lawsuit plan, and at the same time prepare a dossier to submit to the Prime Minister for consideration.

The final decision to approve the lawsuit plan will be made by the Prime Minister based on the documents submitted by the Ministry of Industry and Trade.

The Ministry of Industry and Trade is the unit in charge of initiating lawsuits against importing countries or territories when they investigate and apply trade defense measures against Vietnamese goods, in accordance with the processes and procedures prescribed in relevant international treaties to which Vietnam is a member.

The responsibility to coordinate with the Ministry of Industry and Trade in the lawsuit process belongs to Vietnamese traders, associations, and organizations representing related enterprises when being investigated or subject to trade defense measures from the importing country or territory.

Cao Thong

Source: https://doanhnghiepvn.vn/kinh-te/canh-bao-som-va-huong-dan-xu-ly-bien-phap-phong-ve-thuong-mai-doi-voi-hang-hoa-xuat-khau/20250416083115646