Library

How Exemption for the Application of Trade Remedies Work in Vietnam?

Trade remedies measures, including anti-dumping measures, anti-subsidy measures and trade defense, are applied when conditions are satisfied that the act of damaging or threatening harm to the domestic production.

However, the Ministry of Industry and Commerce has also issued separate regulations for some goods exempted from the application of trade remedies. The circular No. 06/2018/TT-BCT providing detailed regulations on trade remedies as effective on June 15th, 2018 regulating the exemption for the application of trade remedies.

The Minister of Industry and Trade shall consider and decide on the exemption for goods in the following cases:

The imports have characteristics which are different from and not substituted by the like or directly competitive products produced by domestic industry;

The imports are special products of the like or directly competitive products produced by domestic industry;

There are no sales of the like or directly competitive products produced by the domestic industry in the ordinary course of trade in the domestic market;

The volume of the like or directly competitive products produced by the domestic industry is not enough satisfy the needs of the domestic market.

The duration of exemption for the trade remedies is calculated as follows: From the date of the decision on the application of a provisional or official remedy or the outcome of the decision on the results of the review of trade remedies effective until the end of December 31 of the year issuing the decision; The exemption period is one year from January 1 to December 31 of the following year or the exemption period from the date of receipt of valid dossiers to December 31 of the year when the exemption decision is issued.

Goods are exempted for the application of trade remedies measures, organizations and individuals are entitled to a refund of trade remedies tax paid on imported goods within the exemption period of the exemption decision. However, if the goods violate conditions such as misuse of goods; Commits fraudulent acts in the application for exemption; Failing to comply with the conditions and obligations in the exemption decision and the exemption conditions are no longer available, the organization or individual shall be subject to the revocation of the exemption decision which has been issued and at the same time shall have to pay tax according to provisions of law.

Exemption from trade remedies is a form of incentive in import and export activities, but this preference must be within certain limits and should not affect domestic production, domestic company.

As international trade law firm, we at ANT Lawyers always monitor changes in law and provide clients with recent update.

How ANT Lawyers Could Help Your Business?

You could learn more about ANT Lawyers International Trade and Tax or contact our International Trade Dispute Law Firm in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 730 86 529

Tuan Nguyen

Recent Posts

Decree 386/2026/ND-CP on Data Innovation in Vietnam: 7 Legal Issues for Foreign Companies

A data project can be technically successful yet still face legal and commercial barriers to…

2 days ago

Patent Prosecution in Vietnam: 7 Decisions After National Phase Entry

After a PCT application enters the national phase in Vietnam, the applicant must complete the…

3 days ago

PCT National Phase Entry in Vietnam: 7 Checks Before Filing

A company with an international patent application must complete a local filing step if it…

4 days ago

Trademark Opposition in Vietnam: 8 Issues for Businesses

A conflicting trademark application can affect sales and distribution plans in Vietnam. The brand owner…

1 week ago

Trademark Refusal in Vietnam: 7 Response Options for Applicants

When the Intellectual Property Office of Vietnam (IP Vietnam) raises an objection to a trademark…

1 week ago

Free Trade Zones in Vietnam under Decree 378/2026: Legal Issues for Foreign Investors

Before committing to an investment in a free trade zone (FTZ), a foreign investor needs…

2 weeks ago

This website uses cookies.