Rights and obligations of the parties in trade defense cases from July 1, 2025

As stated in Decree No. 86/2025/ND-CP, which details several provisions of the Law on Foreign Trade Management concerning trade defense measures, issued on April 11, 2025

 Article 8 of Decree 86/2025/ND-CP (effective from July 1, 2025) outlines the rights and obligations of the requesting party and the requested party in trade defense cases.

(1) Rights of the parties in trade defense cases

Both the requesting party and the requested party have the following rights:

- Access to information: Both parties have the right to access information provided by other related parties to the Investigating Authority, except for confidential information protected by law.

- Submit opinions on draft conclusions: Both parties have the right to submit their opinions on the draft conclusions of the investigation or the draft conclusions on the review of trade defense measures and measures against circumvention of these measures within 7 days of receiving the drafts.

- Request extension of deadlines: Both parties can request the Investigating Authority to extend the deadline for providing information or responding to questionnaires.

- Request for confidentiality: Both parties have the right to request confidentiality of information in accordance with the law.

Participate in consultations: Both parties have the right to participate in consultations, express their views, and provide evidence and relevant documents related to the trade defense case.

- Authorize participation: Both parties have the right to authorize another party to represent them in the process of resolving the trade defense case.

- Challenge administrative decisions: Both parties have the right to appeal or file lawsuits against decisions made by the Minister of Industry and Trade in accordance with the law on administrative appeals and lawsuits.

Rights and obligations of the parties in trade defense cases

(2) Obligations of the parties in trade defense cases:

The parties are obliged to:

- Ensure the completeness, accuracy, and truthfulness of the evidence, information, and documents provided to the Investigating Authority.

- Provide all necessary evidence and information as required by the Investigating Authority within the specified deadline.

- Comply with the decisions made by the Minister of Industry and Trade during the resolution of the trade defense case.

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