As Vietnam expands its role in global supply chains and strengthens enforcement of trade remedies, foreign exporters are increasingly confronting anti-dumping and countervailing duties when selling to Vietnam. For many businesses, these duties can reshape pricing strategies, distribution channels, and even decisions on long-term market presence.
Yet these measures are not permanent. Under Vietnam’s trade laws, foreign exporters have the right to request a sunset review — a legal procedure allowing companies to demonstrate that continued duties are unnecessary. Done correctly, a sunset review can lead to a reduction or complete removal of trade remedy duties.
This guide explains how the sunset review process works in Vietnam, key legal requirements, and practical steps to protect market access.
✅ What Is a Sunset Review in Vietnam?
A sunset review is a formal legal process initiated before trade remedy duties expire (typically after five years). The review evaluates whether removing the duty would likely result in continued or recurring injury to the domestic industry.
If the authorities conclude that the duty is no longer justified, it may be:
- Reduced
- Suspended
- Removed entirely
If the review confirms continued injury, the duty may be extended.
In practice, a sunset review is a critical opportunity for exporters to defend their market position in Vietnam.
✅ Legal Basis about Sunset Review
Vietnam’s sunset review system is grounded in:
- Law on Foreign Trade Management (2017)
- Decree No. 10/2018/ND-CP
- WTO Anti-Dumping and Subsidies Agreements
These frameworks ensure due process, transparency, and evidence-based evaluation.
✅ Who Can Request a Sunset Review?
The following parties may file a request:
- Foreign exporters or manufacturers
- Vietnamese importers
- Domestic associations or stakeholders with legal interest
The request must be filed within the 12-month period before the duty expires, though exporters should realistically prepare 6-12 months in advance.
✅ What Do Authorities Consider?
Vietnam’s investigating authority — the Trade Remedies Authority of Vietnam (TRAV) — analyzes:
|
Evaluation Factor |
Practical Implication |
| Market changes since duty imposed | Has competition normalized? |
| Production & capacity | Is the domestic sector still vulnerable? |
| Price trends | Dumping pressure reduced? |
| Export volume & behavior | Still significant? Recurring pattern? |
| Risk of injury recurring | Based on historical and economic evidence |
Data quality matters. Narrative claims alone rarely succeed.
✅ Practical Reality: Data & Documentation Drive Outcomes
Companies must demonstrate:
- Clear accounting records
- Export volume and price trends
- Evidence of fair market behavior
- Adjusted pricing or cost structures
- Global market conditions relevant to Vietnam
Mistakes frequently made by exporters include:
- Submitting late or incomplete data
- Not coordinating with importers and partners in Vietnam
- Underestimating Vietnam’s verification standards
- Treating the review as “just paperwork” rather than a legal proceeding
In trade remedy law, preparation is strategy.
✅ Timelines to Expect
Typical timeline for sunset reviews in Vietnam:
|
Stage |
Indicative Duration |
| Request filing | Within last year of duty period |
| Acceptance & initiation | ~30 days |
| Data submission | 30–60 days |
| Verification & hearings | Several months |
| Final decision | Within 12 months |
Early preparation can significantly reduce risk of delays or unfavorable decisions.
✅ Benefits of Proactive Sunset Review Strategy
Strategic engagement can help exporters:
- Restore price competitiveness
- Secure long-term access to the Vietnamese market
- Strengthen reputation with regulators
- Avoid unnecessary litigation or trade disruption
Many successful exporters treat sunset review as a planned legal milestone, not an emergency response.
✅ Why Local Legal Counsel Matters
While exporters may have global trade counsel, local interpretation and regulatory understanding are decisive in Vietnam.
A local legal team helps:
- Monitor review deadlines and eligibility
- Explain Vietnam-specific documentation requirements
- Prepare submissions in compliant formats
- Represent exporters during verification and hearings
- Support communication with Vietnamese authorities
Vietnamese trade remedy procedures are technical — knowing how to prove your case matters as much as the law itself.
✅ A Strategic Note for Global Exporters
Vietnam is open to foreign business, but takes trade defenses seriously. As trade flows shift due to global restructuring, Vietnam — like the EU, U.S., Korea and India — is moving toward more sophisticated enforcement.
Sunset review is both a compliance obligation and a strategic opportunity.
Companies that plan early, maintain records, and coordinate with local counsel are best positioned to secure favorable outcomes.
Conclusion
Sunset review in Vietnam serves an important legal purpose: ensuring trade remedy duties remain fair, justified, and time-limited. For exporters facing such duties, the mechanism offers a welcome relief valve — if used correctly.
Those who act early and approach the process strategically can protect commercial interests, maintain competitive pricing, and sustain long-term engagement in one of Asia’s fastest-growing markets.
Need Legal Guidance?
If your company is approaching the end of a duty period in Vietnam or considering a sunset review request, our team is available to discuss strategy and compliance options.
We provide precise, confidential and business-focused support to help exporters navigate Vietnam’s trade remedy framework effectively.