Announcement regarding the selection of a legal services partner.

A. CASE INFORMATION

On March 11, 2026, the U.S. Trade Representative (USTR) announced the initiation of a large-scale Section 301 investigation into structural excess capacity and production from 16 key trading partners, including developed and least developed economies (LDCs), among which is Vietnam. The USTR alleges that these partners' excessive production capacity has resulted in a long-term and significant trade deficit for the United States.

On March 12, 2026, the USTR initiated further Section 301 investigations against 60 countries, including Vietnam, concerning forced labor. The United States argues that countries' failure to impose and effectively enforce import bans on goods produced using forced labor is unreasonable or discriminatory and prejudices or restricts U.S. trade. Weak enforcement against forced labor can devalue goods, disadvantage compliant producers, and allow exploitative goods to continue to exist in complex global supply chains.

Following the investigation process, the USTR has opened a docket to receive comments from interested parties on the two cases. The deadline for parties to submit their Case Comments, Requests to Attend Hearings, and Statements for the Hearings for the two cases is April 15, 2026. Additionally, the hearings will be held from April 28 to May 1, 2026 (for the forced labor investigation) and from May 5 to May 8, 2026 (for the overcapacity investigation). Within seven days of the conclusion of the hearings, parties must submit their Post-Hearing Rebuttal Comments. Subsequently, the USTR will issue a 301 investigation conclusion notice and a notice of proposed measures to be applied, allowing parties to continue commenting, rebutting, and hearing on the proposed measures. The deadline for issuing the final conclusion of the case is expected to be before March 11, 2027 (for the overcapacity investigation) and March 12, 2027 (for the forced labor investigation).

Because this is a complex matter and is being conducted under U.S. law, it is necessary to hire a suitable legal counsel to represent and assist the Government of Vietnam in the Section 301 investigation.

B – TERMS OF REFERENCE

Scope of work

The selected legal advisory firm is tasked with performing the following duties:

Provide the Vietnamese government with a comprehensive strategy and detailed plan for engaging in the aforementioned 301 investigations.
Prepare a list of requests for necessary information and documents to formulate the Vietnamese Government's comments and counter-arguments on the aforementioned cases.
Collect and analyze laws, regulations, and policy frameworks related to investment, labor, monetary policy, exchange rate management, industrial development planning, subsidies, technical regulations (TBT/SPS), the role of state-owned enterprises, and other related matters.
Collect and analyze independent economic and market data related to production capacity, domestic demand, labor market conditions, trade outcomes, and investment trends.
Analyze the production capacity, capacity utilization rate, and business performance of Vietnamese manufacturing industries relevant to the investigation.
Identify and evaluate the arguments and evidence likely to be presented by the USTR and domestic stakeholders in the United States, and prepare corresponding counter-strategies.
Participate in meetings convened by the Ministry of Industry and Trade (with the Trade Remedies Department as the focal point) with state agencies, industry associations, and businesses when requested.
Translate documents from Vietnamese to English.
Prepare the Commentary for the Government of Vietnam on the above cases in accordance with the prescribed format and submit it on behalf of the Government of Vietnam by the deadline.
Assist in drafting opinions in support of Vietnam in these investigations for U.S. and Vietnamese companies, associations, and other stakeholders, as needed.
Representatives and partners with the Vietnamese Government participated in public hearings organized by the United States regarding these cases.
Prepare the post-hearing rebuttal comments for the Vietnamese Government in the above cases in accordance with the prescribed format and submit them on behalf of the Vietnamese Government by the deadline.
Providing strategic advice to the Vietnamese government on the next steps following the US conclusion.
On behalf of the Government of Vietnam, contact the U.S. Trade Representative, the U.S. International Trade Commission, and other relevant parties involved in these cases if necessary.
Prepare and coordinate with the Ministry of Industry and Trade (with the Trade Remedies Department as the focal point) to develop summary documents, keynote statements (talking points), and discussion materials for working with the USTR before the USTR issues its conclusions.
Provide timely and regular updates on the developments of these incidents to the Vietnamese government.

C – SELECTION CRITERIA

1. Possesses valid legal standing and is authorized to provide legal consulting services.

2. Possess professional competence and experience in advising on trade defense cases and related issues initiated or resolved by the United States at the WTO (specify the number of trade defense and/or dispute resolution cases at the WTO that have been advised on and have achieved successful results...).

3. Understanding of the laws, procedures, processes, and practical practices of the United States regarding anti-dumping and countervailing duty investigations and related issues, and dispute resolution within the WTO; understanding of international law and the WTO dispute resolution mechanism.

4. Experienced in assisting the Vietnamese Government, Vietnamese businesses, and/or non-market economy countries in trade protection cases with the United States and/or dispute resolution at the WTO.

5. Has a good reputation and credibility in the consulting field.

6. The team directly involved in the case has experience in related fields such as finance, accounting, international trade, investment, manufacturing, labor, etc. They possess the experience, capacity, and resources to gather information, analyze data, develop strategies, and participate in negotiations during the case handling process.

7. Have a partner law firm with experience in PVTM (Protection of Trade Remedies), WTO dispute resolution in Vietnam or vice versa in the United States to provide legal advice and support.

8. There is a team of personnel directly involved in the case who are proficient in English, ensuring the ability to work, communicate, and process documents during the case resolution process.

9. Understanding of laws and regulations under Section 301, Section 232, and related U.S. regulations.

10. Possess a thorough understanding of Vietnam's economy, with the ability to synthesize and analyze policies, practices, macroeconomic data, and gather assessments from reputable independent international organizations regarding the Vietnamese economy, as well as review and compare it with other economies, especially those in the region.

11. Having relationships with U.S. government agencies and stakeholders, and possessing appropriate information channels, is essential for developing effective strategies.

12. Having sufficient experience in the field of law in general and in the field of PVTM in particular.

13. The law firm's ranking in reputable international rankings (please clarify if applicable).

14. Based on meeting the above criteria, the consulting fee should be reasonable and competitive, appropriate to the nature and requirements of the case.

15. Other relevant criteria.

D – CONTROL MECHANISM

Work progress to be completed

The selected legal service provider is expected to complete the work within the timeframe below:

Complete the Vietnamese government's comments and counter-arguments before the deadline set by the United States.
Submit comments and counter-arguments from the Vietnamese government to the US online portal, following the instructions, within the specified deadline.
The draft of the Vietnamese Government's speech must be completed no later than 10 days before the public hearing takes place.
Complete your counter-argument for the Vietnamese government following the hearing and submit it to the U.S. online portal, following the instructions, within the specified deadline.
Analyze and prepare comments and counter-arguments from the Vietnamese Government regarding the conclusions and/or proposed measures applied by the United States to Vietnam, and submit them to the U.S. online portal, as instructed, within the specified timeframe.
Provide timely and regular updates on the developments of these incidents to the Vietnamese government.

Monitoring rules

All documents and communications prior to submission to the U.S. International Trade Commission and relevant U.S. parties must be reviewed and commented on by the Vietnamese Government (represented by the Ministry of Industry and Trade) and may only be submitted after obtaining the approval of the Vietnamese Government (represented by the Ministry of Industry and Trade).
The law firm and its partners need to have regular meetings with the Ministry of Industry and Trade to stay updated on the case.
Prepare and submit timely reports on developments and progress of the case to the Ministry of Industry and Trade.

To ensure the timely processing of the case, participating units must submit the law firm's profile, information on the lawyers expected to participate in the case, and a bid (hard copy or soft copy) based on the above contents to the Trade Remedies Department no later than 5:00 PM on April 2, 2026 (Hanoi time) so that the Ministry of Industry and Trade can decide and select a suitable partner.

For further details, please contact: Foreign Trade Remedies Processing Department, Trade Remedies Bureau, Ministry of Industry and Trade, 54 Hai Ba Trung Street, Cua Nam Ward, Hanoi

Officers in charge: Ms. Nguyen Yen Ngoc - Head of Department and Ms. Nguyen Hang Nga - Deputy Head of Department, Department of Foreign Trade Remedies Processing, Trade Remedies Bureau, Ministry of Industry and Trade

Mobile: 0968456865

Email: nganha@moit.gov.vn; ngocny@moit.gov.vn.

Source: https://moit.gov.vn/tin-tuc/thong-bao-ve-viec-lua-chon-doi-tac-cung-cap-dich-vu-phap-ly.html