Detailed regulations on trade defense measures

The Circular consists of 5 chapters and 30 articles, detailing relevant parties in trade defense cases; activities of providing, collecting and securing information and documents; spoken and written language during the investigation and review of trade defense cases; management of imports of goods subject to investigation and application of trade defense measures; cases of exemption from application of trade defense measures.

Circular 26/2025/TT-BCT applies to state management agencies with the authority to investigate, apply, review the application and handling of trade defense measures, measures against evasion of trade defense measures, and Vietnamese traders, foreign traders, other domestic and foreign agencies, organizations and individuals related to the investigation, application, review of the application and handling of trade defense measures, measures against evasion of trade defense measures.

Article 12 of the circular stipulates the scope of consideration for exemption from applying trade defense measures, including:

1. The Minister of Industry and Trade shall consider exemptions from applying trade defense measures in certain specific cases on the principle of not reducing the overall effectiveness of trade defense measures.

2. Imported goods subject to trade defense measures shall be considered exempt from trade defense measures if they fall into one of the following cases:

a) Goods included in the list of goods considered for exemption are specified in the decision to apply trade defense measures or decisions on the review results of each case;

b) Goods that the domestic industry in the relevant case cannot produce;

c) Goods have characteristics different from domestically produced goods that cannot be replaced by domestically produced goods;

d) Goods are special products of similar goods or directly competitive goods produced domestically;

d) Similar goods or directly competitive goods produced domestically are not sold on the domestic market under the same normal conditions or in cases of force majeure leading to a shortage of supply in the domestic production industry;

e) Imported goods within the total quantity proposed for exemption as prescribed from point a to point d, clause 2 of this article serve the purpose of research, development and other non-commercial purposes.

According to the Department of Industry and Trade, when Circular 26/2025/TT-BCT comes into effect, the Circulars: 37/2019/TT-BCT dated November 29, 2019, 42/2023/TT-BCT dated December 28, 2023 of the Minister of Industry and Trade will expire. Therefore, the Department of Industry and Trade informs businesses to grasp and carry out production, business and export activities in accordance with regulations.

Source: https://baophuyen.vn/kinh-te/202506/nhung-quy-dinh-chi-tiet-ve-cac-bien-phap-phong-ve-thuong-mai-a7b261e/