Contributed By Tilleke & Gibbins
Vietnam has been a World Trade Organization (WTO) member since 11 January 2007. It is also a party to certain WTO plurilateral agreements, including, inter alia, the Trade Facilitation Agreement. Vietnam has not yet been a party to the Government Procurement Agreement, but the country is an observer to the Committee on Government Procurement.
As of 30 November 2025, Vietnam is a party to the following free trade agreements, which have entered into force:
Vietnam has signed the following free trade agreement, pending ratification for effectiveness:
In addition to the numerous FTAs listed in 1.2 Free Trade Agreements, Vietnam, as a developing country, also benefits from Generalised System of Preferences (GSP) schemes provided by various developed countries, including:
As of 30 November 2025, the following trade agreements are under negotiation:
Over the past 12 months, Vietnam has witnessed several significant developments regarding trade agreements, including the following.
Developments in Law and Regulatory Activity
Developments in Enforcement
Developments in Public Attention
Vietnam is expected to face the following significant pending changes related to trade policy matters over the next 12 months:
Legal Authorities
Vietnam’s customs framework is primarily shaped by the following key legislation:
Administrative Authorities
Vietnam customs administration operates under a centralised system overseen by the Ministry of Finance, with the following primary authorities:
Primary Enforcement Agency
Enforcement and Co-Ordination Agencies
Customs enforcement authorities often collaborate with other agencies to enforce laws, particularly in anti-smuggling and border security, including the following:
Specialised Management Authorities
Certain goods require permits or inspection results from relevant ministries:
Decree No 86/2025/ND-CP, issued on 11 April 2025, which implements the 2017 Law on Foreign Trade Management, introduces a mechanism somewhat similar to the EU Trade Barriers Regulation or Section 301 of the US Trade Act of 1974. This mechanism allows Vietnamese companies and industry associations to request the Ministry of Industry and Trade (MoIT) to take action when another country imposes trade-defence measures, such as anti-dumping or safeguard duties, on Vietnamese exports.
Under this framework, businesses may request the MoIT to support them in several ways, including obtaining information about the foreign investigation, communicating with the foreign authority, assisting with legal challenges, providing or co-ordinating information on alleged subsidies, co-operating during on-site investigations conducted by foreign authorities, and developing compensation or retaliation plans in safeguard cases.
These measures are handled on a case-by-case basis and are only initiated when companies submit a request. At present, the rules do not clearly state whether foreign (non-Vietnamese) companies can join these processes, nor is it clear whether the MoIT must publish the results of such actions.
It is also worth noting that while trade remedy measures on imports into Vietnam, such as anti-dumping or countervailing duties, are well-established, the foreign-barrier response mechanism under Decree 86/2025 is very new and has not been publicly applied as of 30 November 2025.
The following are key developments in the prior 12 months related to customs or import measures in Vietnam.
Developments in Law and Regulatory Activity
Enforcement Developments
Public Attention
As of 30 November 2025, there is no publicly announced plan for a major overhaul beyond the 2025 reforms; however, the measures adopted in 2025 and their forthcoming implementation are expected to continue creating key issues over the next 12 months.
Vietnam does not have a unified sanctions regime. Instead, its regulations on sanctions are dispersed across various pieces of legislation, including those governing anti-money laundering and anti-terrorism.
Legal Authorities
The primary legislation for imposing sanctions includes the following:
Administrative Authorities
Under Vietnamese law, anti-terrorism provisions apply to Vietnamese citizens and to foreigners who reside or operate within Vietnam’s territory. Anti-money laundering regulations apply more broadly to any Vietnamese or foreign individuals or entities that conduct regulated transactions or activities, meaning nationality and residency are not limiting factors for anti-money laundering compliance.
Vietnam maintains a list of sanctioned persons and organisations, but it is not a single “unified” list in the sense of being limited to UN sanctions only. In addition to referencing the UN’s list of sanctioned persons/groups, Vietnam maintains a domestic blacklist of persons and organisations involved in terrorism and/or terrorist financing. The list is publicly accessible via the website of the Ministry of Public Security.
An individual may be added to or removed from this domestic list if:
Vietnam does not currently maintain its own comprehensive country- or region-wide sanctions or embargo regimes. Instead, Vietnam primarily implements UN Security Council-mandated sanctions through domestic legal instruments.
Vietnam may impose other types of restrictive measures, though not strictly considered sanctions, that do not target specific individuals or countries/regions. Instead, these measures apply to certain trade activities or goods under its foreign trade management framework. Such measures may include limitations or conditions on the export or import of specific products, licensing or approval requirements, or prohibitions on particular categories of goods for reasons such as national security, public safety, or compliance with international obligations.
Vietnam does not impose, enforce, or threaten sanctions in relation to transactions that have no connection or nexus to Vietnam. Its sanctions and restrictive measures are applied only when there is a clear link to Vietnamese territory, individuals, entities, or trade activities, in accordance with domestic law or international obligations such as UN Security Council resolutions.
Violations of regulations on anti-money laundering, anti-terrorism financing, and financing of proliferation of weapons of mass destruction may be subject to administrative or criminal penalties.
Administrative penalties primarily include monetary fines, ranging from minor penalties for reporting failures to large fines capped at VND1 billion (approximately USD38,000) for serious violations such as money laundering or terrorism financing. Additional measures may include mandatory compliance corrections, and for repeated or severe cases, suspension or removal of responsible individuals. Penalties also cover obstruction of inspections and non-compliance with State Bank of Vietnam directives.
Criminal penalties may include imprisonment, substantial fines, and restrictions on holding management or supervisory positions for individuals, while legal entities can face large fines and operational sanctions, including suspension of activities or revocation of licences.
In general, there are no sanctions licences available that would authorise activities otherwise prohibited under Vietnam’s sanctions laws and regulations.
Vietnam requires organisations to maintain strong anti-money laundering controls, including customer identification and verification, risk assessment, enhanced measures for high-risk clients, internal policies, transaction monitoring, and timely reporting of large or suspicious transactions. Entities must keep records for five years, ensure confidentiality, declare cross-border transfers, apply measures like freezing accounts when necessary, and comply with sanctions.
Individuals and organisations must also detect and promptly report terrorism-related signs to competent authorities, co-operate during investigations, and maintain confidentiality. Organisations should have procedures, staff training, and secure reporting channels.
Violations of these obligations can lead to administrative or criminal penalties, as outlined in3.9 Penalties for Violations.
Postponement of transactions is required when there is suspicion or discovery that parties are on the blacklist, when there is reason to believe a transaction involves criminal activity or terrorism financing, or upon request from a competent authority. In addition, reporting entities must comply with legal requirements to freeze accounts or seal, block, or temporarily seize assets of organisations or individuals as mandated by law.
The reporting requirements apply to licensed financial institutions, such as banks, insurers, and securities firms, as well as designated non-financial businesses and professions, including casinos, real estate traders, dealers in precious metals, accountants, notaries, lawyers, and company service providers. These entities must report suspicious transactions, high-value transactions (from VND400 million – approximately USD16,000), and any postponed transactions arising from compliance checks. Additionally, individuals and organisations are required to promptly report any signs of terrorism-related activities to the competent authorities.
Vietnam does not maintain any blocking statutes, anti-boycott regulations, or other measures that would restrict compliance with sanctions imposed by other jurisdictions.
In the past 12 months, Vietnam has witnessed the following key legal developments related to sanctions and strategic controls:
As of 30 November 2025, there has been no public discussion regarding significant pending changes, emerging issues, or hot topics related to sanctions expected over the next 12 months.
Vietnam applies a combination of administrative, technical, and quarantine measures to regulate exports, as provided under two primary pieces of legislation: the Law on Foreign Trade Management and its guiding Decree No 86/2025.
* Note that additional controls cover trade with neighbouring countries and goods in customs-controlled areas.
The primary administrative authorities for export controls in Vietnam include the following:
The primary agency responsible for administering and enforcing export controls in Vietnam is the Ministry of Industry and Trade.
Other agencies involved in administration and enforcement include the Vietnam Customs Department, the Economic Police, and specialised ministries such as the Ministry of Agriculture and Environment, Ministry of Construction, Ministry of Science and Technology, and Ministry of Health.
Persons subject to Vietnam’s export controls include:
Items subject to Vietnam’s export controls include:
Under Vietnamese law, a list of designated organisations and individuals exists for the purpose of strategic trade control. “Designated organisations or individuals” are defined as persons, entities, or groups involved in the proliferation of weapons of mass destruction or the financing of such proliferation, as identified in UN Security Council resolutions adopted under Chapter VII of the UN Charter, or as determined by Vietnamese competent authorities.
However, the legislation does not provide detailed procedures or clear guidance on how Vietnam establishes its own domestic list of designated organisations or individuals, or how such designations are reviewed or updated.
In practice, Vietnam does not maintain or publish a separate domestic list of designated organisations or individuals. Therefore, the UN Security Council sanctions lists constitute the primary and operative list used for compliance and enforcement purposes in Vietnam.
Vietnamese law does not use the term “sensitive exports” or “sensitive goods” as a formal legal category. Instead, Vietnam regulates exports through various lists of products that are prohibited from export, restricted to export by designated traders, or subject to export licensing, conditions, inspections, or other specialised regulatory requirements, as described in 4.4 Persons Subject to Export Controls.
There is no unified or clearly defined substantive mechanism for how items are selected or added to these lists. In practice, such lists are primarily established and updated through government decrees, and in certain sectors, through ministerial circulars issued by the competent line ministries.
Non-list-based export controls may apply in the following cases:
Violations of Vietnam’s export control regulations can lead to administrative or criminal penalties depending on the nature and severity of the offence. Administrative sanctions may include monetary fines, confiscation of goods, and orders to cease unlawful conduct, while criminal penalties apply to serious cases such as exporting prohibited goods or large-scale smuggling, which can result in substantial fines and imprisonment based on the seriousness of the violation.
No commercial licences are issued for goods on the prohibited export list, such as round timber and national antiques. However, the prime minister may grant permission to export such goods for specific non-commercial purposes, including special use, warranty, analysis, testing, scientific research, healthcare, pharmaceutical production, or national defence and security. These exceptions are rare and strictly limited to these special non-commercial purposes.
Export control is a highly regulated area in Vietnam. Individuals and entities engaged in export activities must:
Violations of export control regulations may result in administrative or criminal liability, as outlined in 4.8 Penalties.
Vietnam does not impose general export control-related reporting requirements. However, administrative reporting obligations may apply in certain cases, including the following:
Vietnam has introduced new regulations regarding export controls, including the following:
As of 30 November 2025, there has been no public discussion regarding significant pending changes, hot topics or issues on the horizon over the next 12 months pertaining to export controls.
The imposition of anti-dumping (AD) and countervailing (CVD) duties and safeguard measures is primarily administered by the Ministry of Industry and Trade in accordance with the Law on Foreign Trade Management and its guiding Decree No 86/2025.
The Trade Remedies Authority of Vietnam, under the Ministry of Industry and Trade, is the primary body responsible for administering and enforcing AD/CVD duties and safeguard measures. Customs authorities co-operate with the Trade Remedies Authority in carrying out relevant actions and procedures.
The initiation of an AD/CVD or safeguard investigation can be triggered by a petition from a domestic company. If the investigation results in the imposition of AD/CVD duties or safeguard measures, a review of the existing duties or measures may also be initiated either by domestic companies or by the competent government authority.
Investigations are initiated on an ad hoc basis. Reviews of existing AD/CVD duties or safeguard measures may be conducted either on an ad hoc basis upon petition of domestic companies or on a regular basis as part of mandatory review procedures.
Non-domestic companies may participate in the review as interested parties, provided they register and obtain approval from the investigating authority to be recognised as such.
The process for investigations of AD/CVD duties and safeguard measures, including the key procedural stages and indicative timelines, is as follows. The total timeline for AD/CVD investigations does not exceed 18 months, and for safeguards does not exceed 12 months:
The investigating authority must publish a non-confidential version of the final conclusion within 20 days after issuing the notice of investigation closure.
Vietnam does not have specific statutory exemptions for any jurisdictions from AD, CVD, or safeguard measures based on trade agreements or domestic laws. Accordingly, all countries are potentially subject to these measures, provided that the measures are applied in accordance with Vietnam’s commitments under trade agreements to which Vietnam is a party.
Regarding existing AD/CVD duties, domestic companies may file petitions in the following:
For safeguard measures, domestic companies may file review petitions in the following cases:
The review process for AD/CVD duties and safeguard measures is generally aligned with the investigation process for AD/CVD and safeguards, but with several key differences. For example, the deadline for submitting supplementary information during a review is 15 days, instead of 30 days as in an investigation, and sampling procedures are not applied in review proceedings. In addition, the overall timelines for reviews do not exceed six, nine, or 12 months, depending on the type of review and the specific measure under consideration.
Complaints and legal actions against decisions of the MoIT are handled in accordance with the laws on complaints and administrative proceedings.
Vietnam recorded several notable developments in its trade remedy framework over the past year.
Legislative and Regulatory Activity
Enforcement and Investigations
WTO Litigation
As of 30 November 2025, there has been no public discussion regarding significant pending changes, hot topics or issues on the horizon over the next 12 months pertaining to trade remedies.
Legal Framework
Vietnam maintains investment security mechanisms to protect national defence and security, as provided under the Law on Investment No 41/2020/QH14, passed by the National Assembly on 17 June 2020 and amended in 2024, and Decree No 31/2021/ND-CP dated 26 March 2021, which elaborates certain provisions of the Law on Investment.
These mechanisms mainly apply to foreign investments in sensitive sectors or areas critical to national security, such as border zones, islands, and coastal regions. The framework covers:
Investment Security Review Process and Timelines
When a foreign investment project or equity acquisition occurs in a sector or area that may impact national defence or security:
Vietnamese law does not prescribe fixed review timelines. However, investment security review is integrated into the process of issuing an Investment Registration Certificate or approving investment policy, typically ranging from 15 to 90 days, depending on the type of approval.
Authorities Governing Investment Security in Vietnam
Government agencies that administer or enforce investment security measures in Vietnam include the authorities referenced in 6.1 Investment Security Mechanisms.
Vietnam’s investment security review applies to transactions involving conditional sectors, projects or land in sensitive areas, or foreign investors acquiring control or significant influence over entities that may affect national defence or security. Transactions in these categories must be notified to the investment registration authority and, in some cases, obtain approval from the Ministry of National Defence and the Ministry of Public Security before proceeding.
Conditional Sectors and Industries
Transactions in sectors subject to special conditions for reasons of national defence, security, public order, social morality, or public health are subject to security review. Foreign investors proposing capital contributions, share acquisitions, or equity purchases in such sectors must comply with relevant investment registration procedures and, where applicable, obtain consultation from the Ministry of National Defence or the Ministry of Public Security. Transactions cannot proceed without the required approval.
Transactions in Sensitive Locations
Investments in sensitive locations, including islands, border communes, coastal communes, or other areas affecting national defence or security, require the investment registration authority to consult the Ministry of National Defence and the Ministry of Public Security before granting approval. The transaction can only proceed once the ministries provide written consent or fail to respond within the timeframe established under the law.
Transactions Conferring Control or Significant Influence
Security review also applies when a foreign investor gains controlling ownership or the ability to influence strategic decisions, critical technologies, data, or infrastructure in sectors or areas relevant to national security. This includes mergers and acquisitions, capital contributions, share purchases, or project acquisitions, ensuring that foreign control does not compromise national security interests.
Vietnam does not have a separate, standalone filing or notification requirement specifically for investment security. Instead, investment security review is integrated into the investment registration process and applies only to certain cases, such as transactions in conditional sectors, sensitive locations, or those conferring control or significant influence, as described in 6.3 Transactions Subject to Investment Security Measures.
A key exception to Vietnam’s investment security review applies to M&A transactions, including capital contributions and share purchases. Security review is not required when the target company is implementing an investment project located within industrial parks, export-processing zones, high-tech parks, or other government-designated economic zones.
The primary consequence for investment activities that compromise national security is the suspension or termination of the project. If an investment is found to harm or threaten national defence and security, the government may fully suspend, partially suspend, or terminate its operations. Decisions to take such actions are made by the prime minister based on recommendations from the Ministry of Finance, ensuring that projects posing national security risks are effectively controlled or halted.
The investment security review is integrated into the standard administrative procedures for M&A approval or investment registration. As a result, investors are only subject to the general administrative fees and charges associated with those procedures, with no additional fees specifically for the security review.
Over the past 12 months, several developments have clarified procedures, restructured ministerial oversight, and introduced specialised regulations related to investment security:
The most significant issues on the horizon relate to regulatory uncertainty and the broad discretionary authority of government agencies. Investors face risks due to the lack of a clear definition of areas considered sensitive for national defence and security, as the identification and designation of such areas are determined by the relevant ministries. This discretionary power creates uncertainty and potential policy risk, as the boundaries and classification of sensitive zones are not fixed and may change over time.
Vietnam provides a comprehensive system of subsidies and incentives to encourage domestic production, with a focus on high-tech industries, large-scale manufacturing, and prioritised supporting industries.
Corporate Income Tax Incentives
Import Duty Exemptions
Direct Production Support
Other Incentives
These measures collectively aim to reduce reliance on imports, promote local production, and strengthen strategic industrial sectors in Vietnam.
Vietnam uses technical standards and regulations to support domestic production and ensure product quality. Voluntary national standards (TCVN) provide guidance, while mandatory national technical regulations (QCVN) set legal requirements that products must meet for safety, health, environmental protection, and national security. Conformity with QCVN, along with associated testing and inspection procedures, forms the core of Vietnam’s technical barriers to trade measures.
Line ministries, including the Ministry of Transport and the Ministry of Science and Technology, are authorised to issue regulations and lists of imported goods subject to mandatory quality inspection. These measures encourage local production by setting standards that domestic manufacturers must meet and importers must comply with, effectively promoting domestic competitiveness while ensuring product quality.
Vietnam’s sanitary and phytosanitary (SPS) requirements are designed to protect public health and promote safe domestic production. The Ministry of Health oversees SPS measures related to food, drinking water, pharmaceuticals, and cosmetics, while the Ministry of Agriculture and Environment manages animal and plant health, including technical standards and import, export, and post-import quarantine controls. These measures ensure that imported products meet national safety standards, while supporting domestic producers by establishing consistent regulatory requirements for local production.
Vietnam uses competition policy and price control measures to stabilise markets and support domestic production. The government can regulate supply and set price ceilings, floors, or ranges for essential goods experiencing abnormal price fluctuations.
Key products subject to these measures include rice, fertilisers, animal feed, petroleum, LPG, milk for young children, and essential medicines. By controlling prices and supply, the government can limit excessive imports while providing a predictable environment for local producers to expand capacity. Specific ministries, such as the Ministry of Industry and Trade and the Ministry of Agriculture and Environment, are responsible for implementing these measures.
State-owned enterprises (SOEs) and state trading play a strategic role in Vietnam’s efforts to encourage domestic production and manage imports, particularly in essential sectors. While the Law on Competition does not exempt SOEs from competition rules, it provides special controls for enterprises in state monopoly sectors, allowing the government to regulate prices, output, and market scope, thereby creating a protected environment for domestic producers.
State monopoly in trade is limited to essential goods related to national defence, security, and national interest. Through designated state traders, the government can control imports of these goods, prioritise local production, and limit import competition. By granting SOEs and designated traders preferential roles, Vietnam aligns trade and industrial policy with national development objectives while supporting domestic production capacity.
Vietnam’s government procurement framework includes explicit “buy national” requirements to support domestic production and reduce reliance on imports. Domestic goods are given preferential treatment in bidding through measures such as additional points in evaluation, adjustments to bid prices for foreign competitors, and preferential ranking when bids are otherwise equal.
For certain goods, where multiple domestic manufacturers meet technical, quality, and price requirements, procurement may require that only domestically sourced goods be offered. This requirement is mandatory for specific products, such as certain pharmaceuticals produced to national quality standards, effectively limiting foreign competition in these tenders.
Vietnam uses Geographical Indication (GI) protection as a strategic tool to support domestic production. The state retains ownership of all Vietnamese GIs, allowing government management and promotion of unique domestic products, such as Phu Quoc fish sauce and Buon Ma Thuot coffee. This helps secure market share and added value for local producers, particularly in rural and agricultural sectors.
GI protection also creates strict barriers for imported goods. Foreign products cannot use protected GI names, even if the true origin is indicated, and references such as “kind”, “type”, “style”, or “limitation” are prohibited. These measures prevent imported goods from leveraging the reputation of Vietnamese specialities, enhancing the competitiveness of domestic products in the local market.
There are no other significant legal issues or developments relevant to this area that have not already been addressed elsewhere in this chapter.
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