As Vietnam accelerates the use of trade-remedy measures to shield domestic industries, a growing number of foreign exporters are facing anti-dumping and anti-subsidy duties when accessing the Vietnamese market. For many manufacturers, these duties directly impact pricing strategy, supply chain commitments, and long-term market plans.
Yet under Vietnam’s legal framework — aligned with WTO rules — such measures are not permanent. The sunset review mechanism offers foreign exporters a valuable opportunity to demonstrate that continued tariffs are no longer justified, creating space to reduce or eliminate trade remedy duties.
In practice, this is not just a legal procedure — it is a commercial strategy tool for preserving competitiveness in a rapidly expanding market.
Legal Basis and Trigger Conditions
Vietnam’s Law on Foreign Trade Management and Decree 10/2018/ND-CP require trade-remedy measures to expire after up to five years unless a review confirms they remain necessary.
Within 12 months prior to expiry, stakeholders — including foreign exporters and Vietnamese importers — may request a sunset review if they believe:
- Market conditions have shifted,
- The domestic industry is no longer injured or at risk,
- Continued duties would create unnecessary trade barriers.
If no request is filed, the duty automatically expires. However, in reality, duties are frequently extended because exporters fail to participate or file on time.
The practical “golden window” to prepare: 6 to 12 months before expiry.
What Authorities Examine
A sunset review is evidence-driven. Authorities assess:
- Export volumes and pricing over time
- Market share development
- Cost and value-addition structure
- Situation of the Vietnamese domestic industry
- Likelihood of injury recurring if duties are lifted
General statements will not suffice.
Exporters must present coherent, verifiable, data-backed evidence.
Why Preparation Trade Remedy Duties Matters
Experience from Vietnam — and other active trade-remedy jurisdictions — shows a consistent pattern:
- Companies that prepare early often obtain reduced or zero duties
- Businesses that wait passively frequently face automatic extension
- MNCs with established compliance records build stronger credibility
In sectors with tight margins, regaining tariff-free access can determine whether a supplier remains competitive or exits the market.
The Role of Local Legal Counsel on Trade Remedy Duties
While global exporters can gather their own commercial records, navigating Vietnamese procedural standards and evidentiary expectations requires local expertise.
A Vietnam-based legal advisor helps:
- Monitor deadlines and trigger points
- Translate corporate data into regulatory format
- Coordinate submissions and communication with authorities
- Support verification visits and hearings
- Align litigation strategy with Vietnam’s specific enforcement practice
In many cases, how information is presented is nearly as important as what is presented.
A Strategic Perspective for Exporters about Trade Remedy Duties
Sunset review is not merely a compliance requirement. It is a market-defense mechanism.
With global supply chains shifting, enforcement tightening, and Vietnam emerging as both a production hub and major import market, proactive participation in trade-remedy review becomes a key part of long-term Asia strategy.
The companies that treat sunset review as strategic planning — not a last-minute reaction — are the ones that keep their foothold in Vietnam.
The Market & Our Legal Services
Vietnam’s growing sophistication in trade-remedy enforcement signals a maturing market. At the same time, the legal system offers a fair and structured channel for exporters to demonstrate transparency, maintain compliance and secure continued market access.
The door is open — the question is who steps through it early enough, and with proper preparation.
For exporters approaching the end of a duty period or wishing to evaluate their options, professional local guidance can make the difference between maintaining market presence or losing commercial ground.
If you would like assistance reviewing timelines, preparing evidence, or coordinating filings discreetly and competently, our team stands ready to support, with a focus on clarity, confidentiality, and practical strategy.