QUESTIONS POSED BY CHINA REGARDING

The following communication, dated and received on 2 October 2025, is being circulated at the request of the delegation of China.

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China thanks Viet Nam for its notification regarding Decree No. 86/2025/ND-CP dated 11 April 2025 and Circular No. 26/2025/TT BCT dated 15 May 2025 and would like to pose the following questions:

Question 1

Article 48 of Decree No. 86/2025/ND-CP stipulates that "(t)he implementation of the anti dumping/anti subsidy commitment shall be considered as a violation in the following cases: … 7. Other cases." Please clarify which situations "Other cases" refers to.

Question 2

Article 82 of Decree No. 86/2025/ND-CP stipulates that "1. Goods specified in clause 1 Article 81 of this Decree will be considered involved in evasion of trade remedies through production/assembly in Vietnam when the following conditions are satisfied:……c) Value of raw materials, components or materials originating from countries subject to initial trade remedies account for at least 60% of total value of raw materials, materials or components used for production or assembly of goods similar to those subject to initial trade remedies in Vietnam;……2. Inconsiderable added value of domestically produced/assembled goods similar to those subject to initial trade remedies in accordance with regulations in point d clause 1 of this Article shall be based on the following factors: a) Percentage of added value of domestically produced/assembled goods, accounting for less than 25% of total cost for production of similar goods; ……". Please explain what are the basis, reasons, and rationality for using 60% and 25% as thresholds.

Question 3

Article 96 of Decree No. 86/2025/ND-CP stipulates that "1. After decisions on application of measures against evasion of trade remedies are issued, on a 6-month basis during the duration of application of measures, producers/exporters whose goods are not subject to measures against evasion of trade remedies according to decisions issued by the Minister of Industry and Trade shall notify the investigating authority of output, value, domestic sales, value and quantity of exports to Vietnam." Please explain the rationality and purpose of this regulation, and why producers/exporters whose goods are NOT subject to measures against evasion shall also bear the obligation of notification.

Question 4

Article 104 of Decree No. 86/2025/ND-CP stipulates that "3. The Ministry of Finance shall allocate budget for assistance for traders in accordance with Article 76 of the Law on Foreign Trade Management. 4.The assistance for Vietnamese traders specified in this Article shall comply with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a signatory." Please explain (1) what types of assistance are mainly included in the assistance provided for trade, and (2) whether such assistance could constitute prohibited subsidies since it seems only exporting traders may be assisted according to Article 104.

Question 5

If the trade remedy measures adopted by Viet Nam are ruled inconsistent with the WTO rules, will Viet Nam rectify them in accordance with Decree No. 86/2025/ND-CP, or will it do so based on other laws?

Question 6

Article 12 of Circular No. 26/2025/TT BCT stipulates that "1. The Minister of Industry and Trade shall consider granting exclusions from trade remedies in some specific circumstances following the rule that such granted exclusions will not cause any reduction in overall effectiveness of trade remedies. 2. Grant of exclusion from trade remedies on certain imports subject to trade remedies shall be considered in the following circumstances: …" Please clarify whether the above-mentioned exclusion procedure is initiated after the final trade remedy measures are implemented, and, when conducting the domestic industry injury analysis, whether it covers the injury caused by the import of excluded products.

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