HÀ NỘI — The Ministry of Industry and Trade has been tasked with building and operating an early warning system for trade defence to detect potential lawsuits from foreign countries initiating trade remedy investigations against Vietnamese exports. 

Part of a new Government decree, the early warning system aims to provide timely information to businesses and industry associations, enabling them to take preventive measures and prepare appropriate responses.

The system is one of the key provisions outlined in Decree 86/2025/NĐ-CP guiding the implementation of provisions under the Law on Foreign Trade Management regarding trade defence measures.

The Government has also explicitly directed the formulation of legal action plans, including the right to sue, claim compensation and impose measures when foreign countries apply trade safeguards against Vietnamese businesses.

Based on information collected or upon written requests from Vietnamese traders, associations or relevant business representative organisations, the MoIT will coordinate with other ministries and agencies to draft a lawsuit plan. It will be followed by Clause 1, Article 76 of the Law on Foreign Trade Management. MoIT will prepare the case dossier for submission to the Prime Minister.

Within 10 days of receiving the MoIT’s request, consulted ministries, agencies, organisations and individuals must provide their written opinions on the dossier.

The Prime Minister will review and decide whether to approve the lawsuit plan based on the submitted dossier.

The MoIT will take the lead in initiating lawsuits against importing countries or territories conducting trade remedy investigations against Vietnamese goods. Meanwhile, the Ministry of Finance ensures a budget for activities to support traders as prescribed in Article 76 of the Law on Foreign Trade Management. This process will follow the procedures and regulations of relevant international agreements to which Việt Nam is a member.

Vietnamese traders, associations and relevant business representative organisations are responsible for cooperating during the process of initiating such lawsuits.

The decree provides detailed guidance on certain provisions of the Law on Foreign Trade Management, including methods for determining injury to domestic industries, measures against circumvention of trade remedies, as well as the basis, procedures, timelines and grounds for initiating and terminating trade remedy investigations.

It also outlines procedures for the application and review of trade remedies, criteria for identifying subsidies and applying countervailing measures, responsibilities of relevant agencies during investigations and the handling of trade remedy measures imposed on Vietnamese export goods. — BIZHUB/VNS