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On September 3, 2026, the Trade Remedies Authority of Vietnam (TRAV) under the Ministry of Industry and Trade issued Notice No. 128/TB-PVTM regarding the receipt of applications for exemption from trade remedy measures for the 2026 period. The Notice applies to businesses meeting the exemption requirements in specific trade remedy cases listed in the accompanying appendix.
Exemption Mechanism for Trade Remedy Measures
The receipt of applications is conducted pursuant to Articles 12, 13 and 17 of Circular No. 26/2025/TT-BCT dated May 15, 2025, of the Minister of Industry and Trade, which provides detailed regulations on certain aspects of trade remedy measures.
Under Circular No. 26/2025/TT-BCT, the exemption mechanism allows organizations and individuals meeting the prescribed conditions to request exemption from the application of trade remedy measures for a specified quantity of goods. This mechanism is designed to address cases in which imported goods meet specific conditions, while trade remedy measures continue to apply to ordinary imports.
Cases that may be considered for exemption include goods with characteristics different from domestically produced goods where domestic products cannot substitute for the imported goods; goods constituting specialized products of similar or directly competitive goods; cases where similar domestic goods are not supplied under normal conditions or where a supply shortage occurs; as well as certain imported goods used for research, development and other non-commercial purposes.
Exemption Application and Submission Procedures
Businesses falling within the eligible categories and meeting the exemption requirements may submit applications for the 2026 period in accordance with Article 16 and Appendix II of Circular No. 26/2025/TT-BCT.
Applications must include information and supporting documents demonstrating the basis for the exemption request and the quantity of goods for which exemption is sought. Preparing complete and accurate documentation is important to enable the TRAV to assess the eligibility for exemption and determine the quantity of goods eligible for exemption in accordance with the regulations.
Under Article 17 of Circular No. 26/2025/TT-BCT, the investigating authority has designated periodic dates for announcing the receipt of exemption applications, including the first working day of March and September each year. For applications received under this mechanism, the exemption period runs from January 1 to December 31 of the year in which the application is received.
Businesses Already Granted Exemptions Should Take Note
The TRAV notes that businesses already granted an exemption for 2026 but approaching exhaustion of their exempted quantity may submit an application for an additional exemption under Clause 4, Article 17 of Circular No. 26/2025/TT-BCT at any time during 2026.
Additional applications must demonstrate the actual need and provide the required supporting documents, including records tracking the quantity of goods already exempted, import information, import-export-inventory reports, production plans, and documents demonstrating the necessity of the additional exemption request.
Notably, the TRAV will continue to announce the receipt of applications for exemption for the 2027 period on the first working day of October 2026, pursuant to Clause 1, Article 17 of Circular No. 26/2025/TT-BCT.
Accordingly, businesses affected by trade remedy measures and intending to import goods potentially eligible for exemption should proactively review the applicable conditions, prepare the necessary documentation, and monitor announcements from the TRAV to safeguard their interests during the importation process.
Notice No. 128/TB-PVTM and the appendix listing the relevant cases have been published by the Trade Remedies Authority of Vietnam for businesses to review and implement in accordance with applicable regulations.
To protect their legitimate interests, manufacturers and exporters should familiarize themselves with the procedure and actively contact Vietnam Antidumping Law Firm specializing in anti-dumping and trade remedy for timely assistance.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
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