Vietnam as a Trade Remedy Jurisdiction: A Transforming Landscape
Vietnam has become one of Asia’s most dynamic trade hubs — and with this evolution comes a mature, assertive, and increasingly sophisticated system of trade-remedy enforcement.
As Vietnam strengthens domestic industry and integrates deeper into global supply chains, the government has adopted robust mechanisms to regulate unfair imports and safeguard national production capacity. These include:
- Anti-dumping investigations
- Countervailing duty (anti-subsidy) investigations
- Safeguard measures
- Anti-circumvention investigations
- Origin verification & post-clearance customs audits
- Production-substance inspections and supply-chain scrutiny
Foreign companies exporting to Vietnam — and Vietnamese manufacturers defending against global trade actions — now face rigorous regulatory standards and heightened scrutiny.
Trade remedies in Vietnam are not punitive; they are disciplinary and protective, ensuring fair competition and supply-chain credibility.
Understanding Trade Remedies in Vietnam
1. Anti-dumping measures
Applied when foreign exporters sell goods in Vietnam below normal value, harming domestic producers.
Key tests include:
- Export price vs. domestic price comparison
- Cost of production vs. export price
- Injury to domestic industry (profitability, capacity use, market share, price suppression)
- Causation between dumping and injury
Industries impacted: steel, metals, chemicals, plastics, consumer products, agricultural goods, energy-related products.
2. Countervailing duties (anti-subsidy)
Imposed where foreign governments allegedly provide actionable subsidies, distorting pricing in Vietnam.
Requires simultaneous examination of:
- Government financial contributions
- Specificity and benefit tests
- Injury evidence and causation
CVD cases demand extensive coordination between exporter, headquarters, and home-country authorities — a highly technical exercise.
3. Safeguards
Applied when imports surge sharply and cause serious injury, regardless of pricing fairness.
Often involves:
- Temporary duties or quotas
- Gradual reduction schedules
- Industry-adjustment monitoring
Safeguards protect economic stability and avoid systemic market disruption — especially in essential materials and industrial supply chains.
4. Anti-circumvention enforcement
Vietnam actively investigates attempts to bypass duties through:
- Third-country routing
- Minimal processing or repackaging
- Misdeclaration of origin
- False tariff classification
- Re-exporting through associated trading entities
Authorities now cooperate with customs, tax departments, and foreign regulators — signaling zero tolerance for artificial origin structures.
5. Origin verification & supply-chain audits
Vietnam has dramatically intensified origin enforcement, especially after entering CPTPP, EVFTA, UKVFTA, RCEP.
Expect:
- Customs inspection
- Post-clearance audit
- On-site verification (including foreign facilities via cooperation requests)
- BOM / value-added analysis
- Production-capacity checks (labour, machinery, utilities, throughput)
Origin is no longer paperwork — it is provable economic substance.
Why Trade Remedies Matter for Foreign Businesses
Exporters entering Vietnam’s market face dual expectations:
- Legal compliance with trade-remedy and customs rules
- Commercial responsibility toward market stability
Key risks if unprepared:
- High duty margins
- Retroactive duty collection
- Supply disruption to Vietnamese buyers
- Negative industry perception & reputational loss
- Criminal exposure for fraudulent origin claims
Proactive preparation builds trust with Vietnamese regulators and customers — and protects long-term market access.
La Défense — Full-Spectrum Trade Defense & Advisory Services
La Défense offers comprehensive legal services across the entire lifecycle of trade-remedy matters in Vietnam.
✅ Trade Defense for Foreign Exporters
We represent exporters in:
- Anti-dumping investigations
- Anti-subsidy (CVD) investigations
- Safeguard measures
- Anti-circumvention cases
- New-exporter reviews
- Interim reviews
- Sunset reviews
Support includes:
- Questionnaire response management
- Cost & pricing data preparation
- Evidence reconciliation across tax-customs-accounts
- On-site verification support (preparation & shadow audit)
- Public hearing representation
- Local language submissions & regulatory liaison
- Government engagement with respect & procedural discipline
✅ Advisory for Manufacturers & Investors
We support global companies planning or restructuring Vietnam supply chains by providing:
- Origin compliance strategy
- Vietnam value-addition structuring
- Customs classification advisory
- Supply-chain audit readiness programs
- Risk assessment for trade-remedy exposure
- Price-undertaking strategy & negotiation
- Cross-border parallel trade case coordination
✅ Support for Vietnamese Producers
We assist domestic industries in:
- Filing trade-remedy petitions
- Injury assessment & economic modeling
- Market-data analysis & industry positioning
- Working with trade associations
- Evidence compilation & advocacy
- Government strategy & representation
Our Distinctive Advantages
🌐 International expertise — Vietnam mastery
We understand WTO rules, but we also understand Vietnamese regulatory language, tone, governance culture, and administrative expectations.
📊 Evidence-driven approach
We work closely with accounting, finance, forensic audit and customs specialists — because trade cases are won in data discipline, not rhetoric.
💼 Experience with high-stakes and confidential matters
Our team is trusted for discreet representation and senior-level strategic guidance.
🤝 Partnership, not litigation mentality
Trade defenses here are not trials — they are regulatory engagements grounded in credibility and cooperation.
🛡️ Long-term relationship with regulators & industry stakeholders
We engage with dignity, respect, and professionalism — positioning our clients as responsible market participants.
Commitment to Clients
La Défense stands for:
- Precision
- Integrity
- Strategic thinking
- Disciplined execution
- Professional dignity
- Confidentiality & trust
Our philosophy:
We do not only defend trade —
we protect reputation, market trust, and future access.
Engage With La Défense
Whether you are:
- a global manufacturer exporting into Vietnam,
- an international investor operating supply chains in Vietnam, or
- a Vietnamese producer seeking fair trade protection,
La Défense provides bespoke, high-level, results-oriented counsel.
📩 Contact our Trade & International Practice Team
Let us help you navigate Vietnam’s trade-remedy system with clarity, strength, and credibility.
Your market access is strategic.
Your compliance must be impeccable.
Your legal partner must be world-class.
La Défense is here to stand with you.