Introduction of Circular 26/2025/TT-BTC detailing a number of contents on trade remedies

On May 15, 2025, the Ministry of Industry and Trade officially issued Circular No. 26/2025/TT-BCT. The document will officially take effect from  July 1, 2025.

Circular 26/2025/TT-BCT detailing the implementation of the provisions of the law on trade remedies (PVTM). Trade remedies, including anti-dumping, anti-subsidy and safeguards, are adopted by countries to protect the domestic manufacturing industry against unfair competition practices or a spike in damaging imports.

Circular 26/2025/TT-BCT replaces Circular 37/2019/TT-BCT and Circular 42/2023/TT-BCT related to trade remedies. Details of the validity of the document are as below.

Changes in subjects of application in Circular 26/2025/TT-BCT

• According to Circular 37/2019/TT-BCT (guiding Decree 10/2018/ND-CP): Article 2 of Circular 37 stipulates that subjects of application include state management agencies competent to investigate, apply and handle trade protection measures; Vietnamese traders, foreign traders, other domestic and foreign agencies, organizations and individuals related to the investigation, apply and handle PV measures.
• According to Circular 26/2025/TT-BCT (guiding Decree 86/2025/ND-CP): Article 2 of Circular 26 also lists similar subjects: competent state management agencies to investigate, apply and review the application and handling of PV measures, measures to prevent evasion of PV measures; Vietnamese traders, foreign traders, other domestic and foreign agencies, organizations and individuals involved in the investigation, application and review of the application and handling of PV measures, measures to prevent evasion of PV measures. Information from also confirmed these objects to TT26.
• Key comparisons and differences: Overall, the main groups of adopters remain consistent. However, the fact that Circular 26 clearly mentions “anti-circumvention of trade remedies” within the scope of application shows that this field may be regulated in more detail under the new mechanism, under the guidance of Decree 86 (Decree 86 is mentioned as having regulations on anti-circumvention of trade remedy measures). The substantive difference may lie in the way Decree 86 (and therefore Circular 26) defines or expands concepts such as “domestic manufacturing industry”, “stakeholders”, or specific types of “evasion”, which may indirectly change the actual scope of those affected. Although the category of “subjects of application” in Circular 26 appears to be similar to Circular 37, the scope of application may be altered by more detailed or newer definitions in Decree 86/2025/ND-CP relating to, for example, what circumvention is or how the domestic manufacturing industry is defined for damage assessment. TT26 will then elaborate on these new parameters. For example, a broader definition of circumvention in Decree 86 would mean that Circular 26’s procedures for anti-circumvention investigations would cover more situations.

Detailed regulations on cases of application of trade remedies in Circular 26/2025/TT-BCT

In the context of applying trade remedies to protect the domestic manufacturing industry, it is necessary to consider exemptions for certain imported goods to ensure the balance of interests, avoid negatively affecting other manufacturing industries that use such goods as input materials, or meet the specific needs of the economy that domestic products have not yet met. Circular 26/2025/TT-BCT has more detailed and clear provisions on this exemption than previous circulars. The Circular clarifies the following key aspects related to exemption:

Cases of exemption consideration include:

• Goods on the list of goods considered for exemption are specified in the decision on application of trade remedy measures or decisions on review results of each case: This is a specific case-specific exemption criterion, different from the general principled criteria below stipulated by Circular 26/2025/TT-BCT. The general criteria apply to the application of new exemptions, while this criterion applies to the maintenance or review of exemptions that have been defined in previous decisions of each case. For example, if a decision on the application of trade remedies (or a review decision) has clearly indicated that “goods X (with HS code Y, meeting standard Z) are on the list to be considered for exemption”, when Circular 26/2025/TT-BCT takes effect, that regulation will continue to be recognized and handled according to the exemption mechanism of the new Circular.
• Domestic goods cannot be produced: This is the most basic case, when the domestic manufacturing industry does not produce or is unable to produce similar goods or directly compete with the goods to which the measure is applied.
• Goods with specific characteristics that cannot be replaced by domestic products: Even if there are similar products in the country, if imported goods have specific specifications, quality, or characteristics of a decisive nature, which cannot be found in domestic products, meeting the specific needs of the manufacturing industry or Vietnamese consumers, may be considered for exemption.
• Goods are special products of similar goods or directly competitive goods produced in the country.
• Similar goods, domestically produced directly competitive goods that are not sold on the domestic market under the same normal conditions or in case of force majeure leading to a shortage of supply of the domestic manufacturing industry: In case of force majeure or other objective reasons that lead to the inability of the domestic manufacturing industry to meet sufficient demand for goods on the market under the same normal conditions, imports to make up for this shortage may be considered for exemption.
• Imports for research, development, or non-commercial purposes: Goods imported in limited quantities for the purpose of scientific research, technological development, or other non-commercial purposes are also generally considered for exemption.

Subjects entitled to request exemption from application of trade remedy measures in Circular 26/2025/TT-BCT

According to the Circular, the subjects who have the right to request exemption from the application of trade remedies usually include:

• Individuals, organizations or branches of organizations that import or use goods under investigation or apply trade remedies to serve production activities in Vietnam: This is the main and most common group of subjects entitled to request exemption. They are domestic enterprises or manufacturing units whose activities depend on the import of goods that are subject to trade remedies (for example, importing input materials, components, semi-finished products that cannot be met by domestic products). The exemption for this group helps enterprises maintain production activities, avoiding being negatively affected by trade remedies applied to their inputs.
• Other organizations and individuals under the decision of the Minister of Industry and Trade: In some special cases or according to the nature of the case, the Minister of Industry and Trade may consider and decide to allow other organizations or individuals not in the above group to apply for exemption. This can apply to industry associations, organizations representing consumers, or other entities whose participation in the waiver offer is deemed necessary and appropriate to ensure a balance of benefits and overall effectiveness.

The fact that Circular 26/2025/TT-BCT clearly identifies the subjects who have the right to request exemption helps relevant parties know exactly who can carry out this procedure. This not only facilitates businesses with real needs but also helps state management agencies receive and process dossiers in a centralized and effective manner, ensuring that the exemption process is carried out in accordance with regulations and achieves the set goals. This is an important part of contributing to transparency and accessibility for exempt subjects under the new Circular.

Procedures and dossiers related to the investigation, application and review of trade remedy measures in Circular 26/2025/TT-BCT

• Procedures for exemption from application of trade remedies are detailed: Circular 26/2025/TT-BCT not only lists the cases that are considered for exemption but also provides more detailed guidance on the order, dossiers, and process of submitting an application for exemption, evaluating exemption dossiers, and making decisions on exemption. These procedures include specific requirements for information and evidence to be provided when applying for an exemption, the working process between the business and the investigating agency related to the exemption request. This makes the exemption procedure clearer and more accessible for businesses. While older circulars may only refer to principles or general cases to be considered for exemption, there is a lack of specific guidelines, leading to uncertainty for businesses and inconsistency in application; Circular 26/2025/TT-BCT has overcome this by detailing the entire exemption process. The new Circular specifies the requirements for exemption applications, including a detailed list of information, data and evidence that enterprises must provide to prove that their cases meet the set exemption criteria. Moreover, the Circular also clearly describes the process of processing exemption dossiers by the investigating agency, clarifying the steps to evaluate and appraise the dossier and how to interact between this agency and the applicant during the review process.
• More detailed regulations on information provision and confidentiality: The Circular clarifies regulations on the provision of information and data by relevant parties during the investigation and review process. The information includes requirements for information format, submission deadlines, and especially more detailed regulations on procedures for requesting and processing confidential information, ensuring a balance between transparency requirements and the right to confidentiality of the enterprise.