Introduction
As global trade becomes increasingly regulated, exporters and producers face growing scrutiny under Vietnam’s trade remedy framework. One of the most complex and sensitive areas is the anti-circumvention investigation, which examines whether companies are intentionally altering production processes, supply chains, or export routes to evade existing anti-dumping or countervailing duties.
When the Trade Remedies Authority of Vietnam (TRAV) issues an anti-circumvention investigation questionnaire, the way exporters respond determines much of the case outcome. A timely, accurate, and comprehensive response demonstrates good faith, compliance, and transparency, factors that can significantly affect whether duties will be extended or lifted.
In here, we discuss a practical overview of who must respond to anti-circumvention investigation questionnaire, how to prepare, and what to expect, helping exporters navigate Vietnam’s anti-circumvention procedures effectively and confidently.
Who Must Respond and When
Once TRAV initiates an anti-circumvention investigation, it notifies exporters, producers, and other related parties through official communication and its online portal. The notice includes instructions for accessing the anti-circumvention investigation questionnaire, the submission format, and the response deadline.
- Sampled exporters and producers (selected by TRAV) are required to submit full anti-circumvention investigation questionnaire responses within the timeframe indicated in the questionnaire notice.
- Voluntary respondents may apply to participate if they believe their exports are affected. TRAV will consider these requests on a case-by-case basis, depending on available time and resources.
- Non-cooperative exporters, those who fail to respond to anti-circumvention investigation questionnaire, submit incomplete data, or provide misleading information, risk adverse inferences. TRAV may use the “available facts” rule, often resulting in the highest applicable duty rate or the automatic extension of existing measures to their goods.
Because each investigation is unique, exporters should carefully check the official notice for the exact deadline to respond to anti-circumvention investigation questionnaire. Typically, the response period ranges between 30 and 45 days from the date of the questionnaire, but extensions may be granted for valid reasons if requested promptly.
How to Answer the Anti-Circumvention Investigation Questionnaire
The anti-circumvention investigation questionnaire issued by TRAV is comprehensive. It requires exporters to provide detailed information covering company structure, production flow, sourcing, and export patterns. Each answer must be factual, verifiable, and consistent across different sections.
Key Requirements
1. Separate submissions for each entity
Each exporter, producer, or related company involved in the manufacture or sale of investigated goods must prepare its own anti-circumvention investigation questionnaire response.
2. Comprehensive data coverage
The anti-circumvention investigation questionnaire typically requests:
- General company and contact information
- Description of manufacturing processes
- Sourcing of inputs and suppliers’ details
- Export and domestic sales data
- Cost of production and financial statements
- Evidence of transformation and origin of materials
3. Verification and certification:
Each response must be signed by a company representative and may be subject to on-site verification by TRAV to confirm accuracy.
4. Confidentiality and translation
Submissions must be provided in Vietnamese, accompanied by both confidential and non-confidential versions. The public version must contain meaningful summaries to allow public review without disclosing business secrets.
This multi-layered process requires coordination among production teams, accounting departments, suppliers, and legal counsel, both in Vietnam and the exporting country, to ensure consistency and compliance.
Step-by-Step Guide for Preparing and Submitting Answers
Step 1: Access and Review the Questionnaire
Get the official anti-circumvention investigation questionnaire from the TRAV. Read all instructions carefully, especially those related to deadlines, format, and submission procedures.
Step 2: Prepare Electronic Responses
Complete all sections digitally in the anti-circumvention investigation questionnaire using the provided format. Ensure that all data tables and explanations correspond to your internal accounting and export records.
Step 3: Submit via TRAV Portal and Confirm Submission
TRAV typically requires electronic submission of anti-circumvention investigation questionnaire through its online portal or via designated email addresses. Exporters are often asked to confirm submission by sending a signed cover letter and soft copies of files. Some cases may still require physical or USB submissions as confirmation, depending on TRAV’s instructions.
Step 4: Provide Both Confidential and Non-Confidential Versions
Mark each page clearly as “Confidential” or “Non-Confidential.” Ensure the public version contains reasonable summaries of confidential information to comply with procedural fairness.
Step 5 : Translate and Certify Documents
All responses must be in Vietnamese. Any documents originally in other languages must be translated and certified. Translation accuracy is essential, TRAV may reject poorly translated data or treat it as incomplete.
Step 6: Retain Supporting Records for Verification
Keep all relevant invoices, purchase orders, production records, and accounting statements. TRAV may conduct verification visits to check whether the submitted information matches reality.
What Happens After Submission
Once TRAV receives responses, the investigation proceeds through several stages:
1. Preliminary review: TRAV evaluates whether responses are complete and consistent. Clarifications may be requested.
2. Verification: TRAV conducts on-site visits to verify production processes, supplier details, and export documentation.
3. Preliminary determination: Based on findings, TRAV may recommend temporary extension of duties to prevent ongoing harm.
4. Final determination: After considering all data and arguments, TRAV issues a final conclusion confirming or rejecting circumvention.
The entire process generally lasts between 6 and 18 months, depending on complexity and the number of parties involved. Exporters should maintain close communication with TRAV and respond promptly to any follow-up requests.
Practical Tips for Exporters
- Be proactive early: Do not wait until the last week before submission. Allocate time to gather and translate documents.
- Ensure internal consistency: Information in financial, production, and customs records must align. Discrepancies are red flags during verification.
- Engage local counsel: Vietnamese trade remedy procedures have strict language and format requirements. Local lawyers ensure submissions meet procedural standards and deadlines.
- Protect confidentiality properly: Label sensitive documents accurately to prevent public disclosure while complying with TRAV’s transparency requirements.
- Respond fully, even if data is limited: Partial or incomplete responses are treated as non-cooperation. If data is unavailable, provide a clear explanation and supporting evidence.
Key Q&A for Exporters
Q1: What is the purpose of an anti-circumvention investigation?
To determine whether exporters or producers are avoiding existing anti-dumping or countervailing duties by changing production methods, supply routes, or product classification.
Q2: Can a company join the investigation voluntarily?
Yes. TRAV may accept voluntary respondents who submit applications within the stated timeframe. However, acceptance depends on administrative feasibility and case complexity.
Q3: What happens if a company fails to respond?
Non-cooperative parties face adverse inferences. TRAV may apply the highest duty rate or extend existing trade remedies to their products.
Q4: What documents are typically required?
Export and domestic sales records, production and cost statements, financial reports, and evidence of input origin or transformation.
Q5: Why is translation accuracy critical?
TRAV only accepts Vietnamese submissions. Errors or inconsistent translations can lead to rejection or misinterpretation of data.
Q6: How long does an investigation usually take?
Typically between 6 and 18 months, depending on the case scope and level of cooperation from parties.
Q7: Why should exporters engage local counsel?
Local lawyers help:
- Prepare compliant Vietnamese submissions
- Liaise with TRAV officials during verification
- Handle confidentiality treatment
- Protect exporters’ procedural rights throughout the process
Conclusion
Answering an anti-circumvention investigation questionnaire in Vietnam is not a routine administrative task, it is a decisive phase of a trade remedy proceeding. How exporters respond can determine whether their products remain competitive in the Vietnamese market or become subject to extended duties.
By ensuring accuracy, timeliness, and transparency, exporters can demonstrate good faith, build trust with regulators, and maintain long-term access to Vietnam’s growing market. The key is preparation, cooperate early, document thoroughly, translate carefully, and seek professional legal guidance at every stage.
About ANT Lawyers, a Law Firm in Vietnam
We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.
Source: https://antlawyers.vn/update/anti-circumvention-investigation-questionnaire.html
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