Vietnam section in US President's tariff announcement

U.S. President Donald Trump on Wednesday said he will put a 46% duty on imports from Vietnam as part of a new wave of global levies, starting from April 9, 2025.

The Investor introduces the content of the Vietnam section (pages 370-377) in the 2025 National Trade Estimate Report on Foreign Trade Barriers of the President of the United States on the Trade Agreements Program.

VIETNAM

TRADE AGREEMENTS

The United States-Vietnam Trade and Investment Framework Agreement

The United States and Vietnam signed a Trade and Investment Framework Agreement in June 2007. This Agreement is the primary mechanism for discussions of trade and investment issues between the United States and Vietnam. The United States – Vietnam Bilateral Trade Agreement entered into force on December 10, 2001.

IMPORT POLICIES

Tariffs and taxes

Tariffs

Vietnam’s average Most-Favored-Nation (MFN) applied tariff rate was 9.4 percent in 2023 (latest data available). Vietnam’s average MFN applied tariff rate was 17.1 percent for agricultural products and 8.1 percent for non-agricultural products in 2023 (latest data available). Vietnam has bound 100 percent of its tariff lines in the World Trade Organization (WTO), with an average WTO bound tariff rate of 11.7 percent. Vietnam also maintains import tariff-rate quota regimes for salt, eggs, and sugar.

Although the majority of U.S. exports to Vietnam face tariffs of 15 percent or less, consumer-oriented food and agricultural products continue to face higher rates. In recent years, Vietnam has increased MFN applied tariff rates on a number of products, including: sweeteners (such as fructose and glucose); confectionary products; shelled walnuts; ketchup and other tomato sauces; inkjet printers; soda ash; and stainless steel bars and rods. Most of the products for which tariffs have increased are also produced by companies in Vietnam.

Taxes

In 2016, Vietnam’s Law 106/2016/QH13 increased the special consumption taxable base for imported alcoholic beverages from the import price to the sales price received by the importer, thereby significantly increasing the tax burden on importers relative to domestic producers.

Non-tariff barriers

Import bans and restrictions

Vietnam prohibits the commercial importation of some products, including: certain children’s toys; second-hand consumer goods; used parts for vehicles; used internal combustion engines of less than 30 horsepower; certain encryption devices and encryption software; refurbished medical devices; and certain cultural products.

Vietnam maintains import prohibitions on certain used information technology (IT) products. Decision 18/2016/QD-TTg eases import prohibitions on some used IT products, if these products meet various technical regulations and standards. The products covered under the decision include used IT goods that are: (1) imported in conjunction with the relocation of means of production of a single organization; (2) imported for the control, operation, and inspection of activities in one or all parts of a system or production line; (3) imported for software production, business outsourcing, or data processing for foreign partners; or (4) reimported after overseas repairs under warranty. The decision also covers refurbished goods and components no longer in production that are imported to replace or repair those being used domestically.

Customs barriers and trade facilitation

Some U.S. exporters have reported concerns about delays in releasing goods from customs custody while questions about the amount of duties and taxes owed are being resolved. Vietnam implemented the WTO Trade Facilitation Agreement article on separation of release from the calculation of amounts owed in 2022.

Product registration requirements – imported pharmaceuticals

Decree No. 54/2017/ND-CPD, which came into effect in July 2017, permits foreign pharmaceutical companies to establish importing entities. The international business and pharmaceutical communities welcomed this step but continue to have concerns about warehousing, distribution, and licensing requirements.

Circular 08/2022/TT-BYT, effective on October 20, 2022, regulates drug registration and Certificate of Pharmaceutical Product (CPP) content requirements and harmonizes with international practice. Some challenges remain as, in practice, the Ministry of Health (MOH) requires foreign competent authorities and Vietnam’s diplomatic missions to authenticate or consular legalize electronic CPPs. Companies can amend the dossier for product registration up to three times the maximum; otherwise, the dossier is rejected.

In response to the ongoing backlog of drug registration renewals and applications, the Vietnam National Assembly issued Resolution 80/2023/QH15 in January 2023. This measure allows marketing authorizations (MAs) of drugs and drug raw materials that are expiring between January 1, 2023, and December 31, 2024, and MAs that have been previously extended, to continue until December 31, 2024, if those drugs and drug raw materials meet certain requirements. The National Assembly also issued Law 44/2024/QH15 amending its Law on Pharmacy on November 21, 2024. Subsequently, on December 31, 2024, the MOH issued Circular 55/2024/TT-BYT, which amended Circular 8/2022, and allows MAs that are expired after the MOH receives a renewal application to be used until further notification from Vietnam. The MOH is responsible for reviewing and publicizing the list of MAs that meet the requirements in a public and transparent manner. The United States will continue to monitor the implementation of the drug registration process in Vietnam.

Medical devices

In January 2025, Vietnam issued Decree 4/2025/ND-CP (Decree 4), amending and supplementing Decree No. 98/2021/ND-CP, as amended by Decree No. 7/2023/ND-CP, on management of medical equipment. Decree 4 allows all existing medical equipment import licenses to be automatically extended to June 30, 2025, and regulates outstanding lodged dossiers for import licenses to be reviewed and approved under the legal framework of this new decree. The Vietnamese government has started drafting a legislative replacement for this series of decrees that is anticipated to be available for review by the National Assembly later this year. The United States will continue to monitor the developments related to the implementation of the new decree and any additional legislation.

Ethanol

Vietnam currently only allows blends of 5 percent ethanol in one of its three grades of gasoline. Vietnam’s Ministry of Industry and Trade (MOIT) is the lead ministry on ethanol policy. The United States continues to seek the expansion of ethanol blending to all grades of gasoline sold in Vietnam, the reduction of tariffs on ethanol to at least match tariff rates on other fuel additives currently used in Vietnam, as well as the eventual migration to a 10 percent ethanol blend (E10). The MOIT had previously sought to expand to E10 in all grades of gasoline, but this still had not occurred as of December 31, 2024.

TECHNICAL BARRIERS TO TRADE / SANITARY AND PHYTOSANITARY BARRIERS

Technical barriers to trade

Labeling

Decree 111/2021/ND-CP, which revised Decree 43/2017/ND-CP on Goods Labeling and became effective on February 15, 2022, requires imported goods to have a label added by merchants. The updated decree requires significantly more information to appear on all labels and imposes a range of additional specific requirements that vary depending on the product category. Importers have reported challenges to entering imported goods due to uncertainty and inconsistency in product classifications, which make it difficult for importers to comply with labeling requirements.

Local in-country testing requirements for information communications technology products

Since 2022, Vietnam’s Ministry of Information and Communications (MIC) has released several national technical regulations (QCVN) that have changed the requirements to no longer accept international test reports and to impose in-country testing requirements for various information and communication technologies (ICT) products. These regulations impose a barrier to trade for ICT products, including telecommunication products, by requiring in-country testing particularly when there is limited domestic lab testing capacity in Vietnam. U.S. industry is concerned about commercial implications from these testing requirements, and further has expressed concern over short transition periods and the lack of grandfathering in testing requirements for goods already being sold in Vietnam.

In May 2024, MIC notified a draft QCVN 134:2024/BTTTT related to Specific Absorption Rates for Mobile Phones, which included in-country testing requirements, specific standards that varied from internationally recognized standards, and very short transition periods. The United States and U.S. industry engaged with Vietnam on these concerns, which resulted in some positive improvements in the updated draft regulation. The United States will continue to engage with Vietnam on the remaining concerns.

Sanitary and Phytosanitary Barriers

Approvals for the importation or commercialization of genetically engineered products

In 2023, after several years of inactivity, Vietnam resumed its acceptance of new applications of genetically engineered products for cultivation. In May 2024 the renewed Biosafety Committee began reviewing seven new applications of biotechnology corn, soybean, canola, and cotton intended for commercialization. In the first quarter of 2024, three newly approved corn hybrids were launched after a 10 year-long application process. Vietnam remains a major importer of biotechnology products and a key market for cultivation approvals as part of the commercialization process. The United States will continue to engage with Vietnam on the approval of pending applications.

Imports under the Food Safety Law

In February 2018, as part of enforcement of its Food Safety Law, Vietnam adopted Decree 15/2018/ND￾CP (Decree 15), which provides guidance on self-declaration, labeling, import inspection, and registration for export to Vietnam of food products of plant and animal origin. Although Decree 15 simplified self￾declaration for importation of food products, some aspects of the decree created uncertainty, with different line ministries, and even departments within the Ministry of Agriculture and Rural Development (MARD), appearing to have contradictory interpretations. For example, the MARD and the MOH have provided contradictory interpretations regarding Vietnam’s definition of “processed products,” which are exempt from the facility registration process under Decree 15.In March 2021, Vietnam issued a draft decree that would revise Decree 15.

The new draft decree covers foods and agricultural products and would create a two-step registration for import inspection by merging the self-declaration (for food safety) and conformity announcement (for quality inspection) into the registration for import inspection. Vietnam notified the draft decree to the WTO in July 2021. In July 2024, Vietnam subsequently notified to the WTO that it had withdrawn the draft decree for further consultation.

In 2023, the MOH was assigned to collaborate with the MARD and the MOIT on the review of the Food Safety Law’s implementation. According to Decision 426/DQ-TTg, the Food Safety Law’s review will be conducted from 2023 to 2025, after which line ministries will draft proposals to amend and supplement the law. The MOH was also assigned to review the implementation of Decree 15 in coordination with MARD and MOIT. The United States will continue to monitor Vietnam’s review of its Food Safety Law and Decree 15 to avoid any potential disruptive effects on U.S. agricultural exports.

Ban on offal products

Despite the MARD lifting Vietnam’s ban on the importation of so-called “white offal,” such as poultry gizzards and beef and pork stomach and intestines, Vietnam has not approved new U.S. facilities to export these products since September 2013. The United States continues to raise concerns about Vietnam’s lack of a science-based justification for not approving new U.S. facilities seeking to export offals. Plans for Vietnam to conduct onsite audits of U.S. facilities were indefinitely postponed purportedly due to the outbreak of African Swine Fever in Vietnam. The United States will continue to discuss this issue with Vietnam.

Facility registration and testing requirements for meat and poultry products

MARD approval of new meat and poultry export facilities slowed over 2024. Applicants experienced an increase in requests for additional information, including requests for proprietary information, and stakeholders were concerned that the level of detail requested amounts to a virtual audit of individual facilities. Following U.S. engagement, in December 2024, the Vietnamese Department of Animal Health (DAH) approved six facility registrations for U.S. meat and poultry exporters to Vietnam. The United States will continue working with MARD to ensure this process is streamlined for future facility registrations.

Vietnam implemented Circular 4/2024 concerning the quarantine of terrestrial animals and their products on May 16, 2024, which outlines a host of testing requirements for different products, including pathogen testing measures. Stakeholders noted concern that Circular 4/2024 has created uncertainty for trade due to a lack of key information regarding its implementation, including: how the measures are being implemented; how to appeal test results; how to request retests; the disposition of products testing positive; and timelines for actions to be taken by Vietnam’s competent authority in response to positive test results.

GOVERNMENT PROCUREMENT

Vietnam’s 2023 Law on Procurement provides the basic framework for government procurement and continues to promote the purchase of domestic goods or services in government procurement when they are available.

Vietnam is not a Party to the WTO Agreement on Government Procurement, but has been an observer to the WTO Committee on Government Procurement since December 2012.

INTELLECTUAL PROPERTY PROTECTION

Vietnam remained on the Watch List in the 2024 Special 301 Report. Despite positive developments, such as reported increase in raids and seizures of counterfeit goods, more engagement with enforcement authorities, and increases in enforcement activity by Vietnam Customs at the northern border, the United States remains concerned about intellectual property (IP) protection and enforcement in Vietnam, including in the digital environment.

Capacity and resource constraints, corruption, and poor coordination among enforcement agencies continue to pose challenges to effective IP enforcement. Piracy and sales of counterfeit goods online and in physical markets continue to be a concern. One physical market in Vietnam - Saigon Square Shopping Mall in Ho Chi Minh City - is included in the 2024 Review of Notorious Markets for Counterfeiting and Piracy(Notorious Markets List). Vietnam prosecuted its first criminal copyright piracy case under the IP Law in 2024 and has made progress in taking down some online piracy sites. However, Vietnam continues to rely heavily on administrative actions and penalties to enforce IP, but these have failed to deter counterfeiting and piracy. A few successful efforts by stakeholders to negotiate directly with operators of piracy sites to shut down the sites are no substitute for enforcement actions and criminal prosecutions by government authorities. In addition, the United States has concerns about the lack of clarity in Vietnam’s system for protecting against the unfair commercial use and unauthorized disclosure of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products.

The United States continues to discuss these issues with Vietnam. The United States also continues to monitor the implementation of IP provisions pursuant to Vietnam’s commitments under trade agreements with third parties.

SERVICES BARRIERS

Audiovisual services

Decree 71/2022 (Decree 71), which amends Decree 06/2016 on the Management, Provision, and Use of Radio and Television Services, took effect on October 1, 2022, and requires either a local presence or a joint venture for online, over-the-top (OTT) radio and television services. The measure encompasses films and non-scripted “non-film” programs like game shows, reality shows, stand-up comedy, documentaries, and docuseries. The Law on Cinema and its implementing decree allow foreign OTT providers to offer films without obtaining a license or establishing a local entity, although platforms must adhere to two separate sets of regulations for content censorship, categorization, and ratings: Circular 05/2023/TT-BVHTTDL from the Ministry of Culture, Sports, and Tourism for films, and Circular 06/2023/TT-BTTTT from the Ministry of Information and Communications for “non-film” programs. Vietnam’s implementation of Decree 71 has led U.S. stakeholders to withdraw from the Vietnamese market.

Financial services

Foreign investors may establish 100 percent foreign-owned bank subsidiaries and may take ownership interests in domestic “joint stock” banks (i.e., commercial banks with any percentage of private ownership) or “joint venture” banks (i.e., banks set up by joint venture agreement, typically between domestic and foreign partners). Total equity held by foreign institutional and individual investors in domestic joint stock banks is limited to 30 percent, while total equity held by a foreign strategic investor (defined as a foreign credit institution meeting certain criteria related to capacity to help develop the Vietnamese banking partner) is limited to 20 percent. Foreign equity in joint venture banks is limited to 50 percent. Over the last two years, foreign banks have raised concerns about provisions in the Law on Credit Institutions, which limits the lending of foreign bank branches in Vietnam based on their local charter capital, rather than the global capital of the parent bank. An amended Law on Credit Institutions, promulgated in January 2024 and fully entering into effect by the end of 2024, lowered the limits for ownership by institutional shareholders in credit institutions from 15 percent to 10 percent and lowered the collective ownership limits for institutional shareholders and their related persons from 20 percent to 15 percent.

Electronic payment services

In 2016, two Vietnamese payment processing networks were consolidated into a de facto monopoly, the National Payments Corporation of Vietnam (NAPAS), which is partially owned by the State Bank of Vietnam. Since January 2021, Circular 28 requires that domestic retail electronic payment transactions be processed through NAPAS when a payment card, including an internationally-branded payment card, is presented at the merchant point of sale. This requirement does not apply to online transactions.

ELECTRONIC COMMERCE / DIGITAL TRADE BARRIERS

Law on Cybersecurity

Vietnam's Law on Cybersecurity (No. 24/2018/QH14), which took effect in June 2018, was followed by Decree 53/2022/ND-CP in October 2022, which implemented the law. The framework established by these measures creates uncertainty regarding specific requirements for businesses, applying broadly to domestic and foreign enterprises providing services on telecommunications networks or the Internet. The law mandates that all domestic Vietnamese companies, including foreign-invested subsidiaries, store a copy of Vietnamese user data on local servers and establish physical offices in Vietnam. Although international firms are nominally exempt, stakeholders lack certainty on how the Ministry of Public Security may decide to enforce data localization requirements. Additionally, the Ministry of Public Security is drafting a decree on administrative penalties for cybersecurity violations, including fines, technical measures like bandwidth restrictions, and blocking of sites. Stakeholders have expressed concerns over the lack of clarity regarding compliance with these cybersecurity requirements, and, as of December 31, 2024, the draft decree had not yet been issued.

Internet services

Internet-based content services

Vietnam restricts access to the Internet through a limited number of state-controlled Internet service providers. The government blocks or restricts websites deemed politically or culturally inappropriate. Decree 72/2013/ND-CP (Decree 72) on the management, provision, and use of Internet services and online information prohibits using Internet services to oppose the government. Decree 27/2018/ND-CP (Decree 27), issued in March 2018, amends Decree 72 by consolidating requirements for content, server localization, and data retention for social networks and information websites.

Since 2022, the Authority of Broadcasting and Electronic Information under the MIC has released draft measures to replace Decree 72 (and Decree 27), imposing new regulations on a wide range of Internet services and content providers. The draft Decree proposed content censorship measures and data localization requirements that may overlap or duplicate requirements in other laws. The scope of regulation would expand to include data centers and cloud services. In June, in response to industry advocacy, the MIC identified “ongoing issues” with the draft and committed to addressing concerns. Vietnam subsequently issued Decree 147/2024/ND-CP on the management, provision, and use of Internet services and cyber information on November 9, 2024. Effective December 25, 2024, Decree 147 annulled Decree 72 and Decree 27.

Personal data protection regulation

Vietnam’s Personal Data Protection Decree (Decree 13/2023/ND-CP) was issued on April 17, 2023, and took effect on July 1, 2023. The Decree lacks clear guidelines on the industries or businesses subject to itand imposes restrictions on cross-border data flows. In September 2024, the Ministry of Public Security released for public comment a draft Personal Data Protection Law, which is expected to replace the Personal Data Protection Decree. The draft law is expected to be reviewed and approved by the National Assembly by November 2025.

In July, the Ministry of Public Security released a draft Data Law for public comment, aiming to ensure the consistent and efficient use of data for state management, socio-economic development, and digital governance. Key draft provisions prohibited misuse of data processing or management that could harm national interests or individual rights and, suggest that service providers transferring data outside Vietnam may face additional reporting requirements to assess national security risks. Vietnam’s National Assembly approved the Data Law on November 30, 2024, under a fast-track process.

Electronic transactions

Vietnam’s Law on Electronic Transactions was passed on June 22, 2023, as Law No. 20/2023/QH15. The law remains ambiguous regarding compliance obligations for digital platforms and registration requirements for cross-border electronic signature and transaction services providers. Decree 48/2024/ND￾CP, issued by the MIC in May 2024, provides regulations on digital signatures and certification services in electronic transactions. However, the financial sector remains concerned as the MIC does not recognize cross-border providers of digital signature and certification services, which are widely used by international financial institutions.

INVESTMENT BARRIERS

Vietnam maintains statutory restrictions on foreign ownership in certain enumerated sectors, such as joint partnerships and projects in banking, network infrastructure services, non-infrastructure telecommunications services, transportation, and energy. Decree 31/2021/ND-CP, promulgated in 2021, lists 25 business sectors in which foreigners are prohibited from investing. It also lists 58 other business sectors subject to market access conditions, which include: banks and non-bank credit institutions, aviation, land and sea transportation, film production and distribution, tourism services, advertising, and logistics. Depending on the sector, the market access conditions include foreign ownership caps and joint venture and local partnership requirements. Certain foreign investments also require the Prime Minister’s approval, including: projects involving airports and certain seaports; casinos; oil and gas exploration, production, and refining; telecommunications and network infrastructure; forestry; publishing; and other projects requiring approval from more than one Vietnamese province.

In addition to the aforementioned restrictions on the telecommunications sector, the amended Law on Telecommunications No. 24/2023/QH15 (“Telecom Law”) regulates foreign equity in Vietnam’s telecommunications sector by imposing ownership restrictions, particularly on traditional telecommunications services suppliers with network infrastructure. The Telecom Law states that the government will set a maximum capital contribution or shareholding limit for foreign investors that are invested in multiple telecommunications services suppliers operating in the same market in order to ensure fair competition. In addition, foreign-owned suppliers of traditional telecommunications services participating in a commercial agreement with a licensed Vietnamese telecommunications company must execute technical plans to ensure information security. The Telecom Law also expands the definition of telecommunications services subject to the law to cover services that are not traditionally considered telecommunications services, such as data centers, cloud computing, and Internet-based services like over-the-top communications. Stakeholders have raised concerns regarding uncertainty created by the expanded definition; while the law currently does not restrict foreign ownership in these additional services, the expanded definition may provide the MIC the authority to impose such restrictions in the future. On December 24, 2024, the MIC issued Decree No. 163/2024/ND-CP, which clarifies the obligations of data center, cloud, and Internet service providers with foreign ownership, including notification, data localization, security, and user protection requirements.

ENVIRONMENT

In October 2020, the U.S. Trade Representative initiated a Section 301 investigation into Vietnam’s acts, policies, and practices related to the import and use of illegal timber, and in particular, to examine reports that Vietnam’s wood processing industry relies upon imported timber that may have been illegally harvested or traded. On October 1, 2021, the United States and Vietnam signed an agreement (Timber Agreement) that addresses U.S. concerns in the investigation. The agreement secures commitments that will help keep illegally harvested or traded timber out of the supply chain, and protect the environment and natural resources.

The United States held working group meetings with Vietnam in 2022, 2023, and 2024. Also in 2024, the United States and Vietnam coordinated to organize two workshops on timber trafficking and promote the legal timber trade for Vietnamese officials and businesses. The United States will continue to monitor Vietnam’s implementation of its commitments under the Timber Agreement.

OTHER BARRIERS

U.S. stakeholders continue to have concerns about the lack of transparency and accountability in the Government of Vietnam’s regulatory processes due to different line ministries’ overlapping mandates and other governance issues in Vietnam. The United States will continue to work with Vietnam to support reform efforts and to promote greater transparency.

Export taxes

Vietnam imposes export taxes (ranging from 1 percent to 40 percent) on goods indicated in Decree 26/2023/ND-CP, which are primarily goods produced from minerals and natural resources in which the cost of energy, minerals, and natural resources is more than 51 percent of the value of the product. These goods include: plants and botanical parts; ore; coal; crude oil; chemicals; skins; wood; charcoal; gems; silver and gold; jewelry; and metals and metal products.