Vietnam to develop trade defence early warning system

An early warning system for trade defence to detect potential lawsuits from foreign countries initiating trade remedy investigations against Vietnamese exports will be built and operated by the Ministry of Industry and Trade, according to a new Government Decree.

As part of Decree No. 86/2025/ND-CP, issued by the Government on April 11, the early warning system aims to provide timely information to businesses and industry associations, thus enabling them to take preventive measures against and prepare appropriate responses to such trade lawsuits.

The system is one of the key provisions outlined in the new decree, guiding the implementation of provisions under the Law on Foreign Trade Management regarding trade defence measures.

The Government has also explicitly directed the formulation of legal action plans, including the right to sue, claim compensation and impose measures when foreign countries apply trade safeguards against Vietnamese exporters.

On the basis of information collected or written requests from Vietnamese traders, associations or relevant business representative organizations, the MoIT will coordinate with other ministries and agencies to draft a lawsuit plan. It will be followed by Clause 1, Article 76 of the Law on Foreign Trade Management. The MoIT will prepare the case dossier for submission to the Prime Minister.

Within 10 days of receiving the MoIT’s request, consulted ministries, agencies, organizations and individuals must provide their written feedbacks on the dossier.

The Prime Minister will review and decide whether to approve the lawsuit plan based on the submitted dossier.

The MoIT will take the lead in initiating lawsuits against importing countries or territories which conduct trade remedy investigations against goods exported from Vietnam.

This process will follow the procedures and regulations of relevant international agreements to which Vietnam is a member.