On April 11, 2025, the Government officially issued Decree 86/2025/ND-CP, providing detailed regulations for certain articles of the 2017 Foreign Trade Management Law concerning trade remedy measures.
Decree 86/2025/ND-CP comes into effect amid ongoing volatility in global trade, where trade remedy measures are increasingly becoming critical tools employed by numerous countries.
1, General Introduction
a, Issuance Information
- Promulgation date: April 11, 2025.
- Issuing agency: Government.
- Signatory: Bui Thanh Son.
b, Main Content and Effectiveness
- Main content: Guidelines on trade remedy measures.
- Effective date: July 1, 2025.
- Decree 86/2025/ND-CP replaces Decree 10/2018/ND-CP from July 1, 2025.
2, Structure of the Decree:
The Decree comprises 6 Chapters and 117 Articles:
- Chapter I: General provisions
- Chapter II: Investigation, application, and review of anti-dumping and countervailing measures
- Chapter III: Investigation, application, and review of safeguard measures
- Chapter IV: Investigation of circumvention of trade remedy measures
- Chapter V: Handling trade remedy measures applied to Vietnamese export goods
- Chapter VI: Implementation provisions
3, Key Highlights of Decree 86/2025/ND-CP
Scope of adjustment
- Decree 86/2025/ND-CP elaborates on specific articles of the 2017 Foreign Trade Management Law
- The Decree concentrates on trade remedy measures including anti-dumping, countervailing duties, safeguard measures, and anti-circumvention provisions.
Applicable Entities
- State management agencies authorized to investigate, apply, and handle trade remedy measures
- Vietnamese and foreign traders, relevant agencies, organizations, and individuals.
Enhanced Proactivity and Transparency in Trade Remedy Investigations
- The Decree establishes principles for objective, transparent investigations based on clear evidence, in compliance with Vietnamese law and international commitments
- For example, regarding applications for anti-dumping and countervailing measures:
- Article 35 of Decree 86/2025/ND-CP now requires domestic industry injury data and indicators covering a minimum period of 3 years
- In contrast, Articles 28 and 29 of Decree 10/2018/ND-CP only specified these indicators for the 12-month period preceding application submission
- This new regulation enables investigating authorities to gain a more objective perspective on domestic industry injury situations.
Early warning system for trade remedy lawsuits
- The Ministry of Industry and Trade will develop and operate an early warning system to help businesses proactively prevent and respond to potential trade remedy measures.
- The Ministry will establish regulations governing the organization and operation of this early warning system for foreign trade remedy cases targeting Vietnamese exports.
(According to Article 106 of Decree 86/2025/ND-CP)
Strengthening International Legal Integration
- Enables businesses to participate as interested parties or third parties in trade remedy cases at the WTO and other international adjudicative bodies.
(According to Article 112 of Decree 86/2025/ND-CP)
- This provision is expected to enhance Vietnam’s legal standing and capacity to protect national interests in international markets.
(According to Decree 86/2025/ND-CP dated April 11, 2025)
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