Notice on the Selection of a Legal Services Provider

A. CASE INFORMATION

On March 11, 2026, the Office of the United States Trade Representative (USTR) announced the initiation of a large-scale investigation under Section 301 concerning “structural excess capacity and production” involving 16 key trading partners, ranging from developed economies to least developed countries (LDCs), including Viet Nam. USTR alleges that excess production capacity in these economies has contributed to persistent and significant trade deficits of the United States.

On March 12, 2026, USTR further initiated a Section 301 investigation covering 60 countries, including Viet Nam, in relation to forced labor issues. The United States considers that the failure of countries to impose and effectively enforce bans on the importation of goods produced with forced labor constitutes an unreasonable or discriminatory practice that burdens or restricts U.S. commerce. Weak enforcement of forced labor measures may suppress prices, disadvantage compliant producers, and allow goods produced under exploitative conditions to persist within complex global supply chains.

In accordance with the investigation procedures, USTR has opened a docket to receive comments from interested parties on the above two investigations. The deadline for submission of case briefs, requests to appear at the hearing, and hearing statements for both investigations is April 15, 2026. In addition, public hearings will be held from April 28 to May 1, 2026 (for the forced labor investigation) and from May 5 to May 8, 2026 (for the excess capacity investigation). Within seven days following the conclusion of the hearings, parties are required to submit post-hearing rebuttal comments.

Subsequently, USTR will issue its determination under Section 301 and propose potential measures, for which interested parties will have further opportunities to submit comments, rebuttals, and participate in additional hearings. The final determinations are expected to be issued before March 11, 2027 (for the excess capacity investigation) and March 12, 2027 (for the forced labor investigation).

Given the complexity of these matters and the fact that they are conducted under U.S. law, it is necessary to engage a qualified legal advisory firm to represent and support the Government of Viet Nam in the Section 301 investigations.

B. TERMS OF REFERENCE

Scope of Work

The selected legal advisory firm shall be responsible for the following tasks:

1. To provide the Government of Viet Nam with an overall strategy and a detailed plan for participating in the above Section 301 investigations.
2. To prepare a list of required information and documents necessary for the development of comments and rebuttal submissions of the Government of Viet Nam in the above investigations.
3. Collect and analyze relevant laws, regulations, and policy frameworks relating to investment, labor, currency policies, exchange rate management, industrial development planning, subsidies, technical regulations (TBT/SPS), the role of state-owned enterprises and other related matters. 
4. Collect and analyze independent economic and market data relating to production capacity, domestic demand, labor market conditions, trade performance, and investment trends.
5. Analyze production capacity, utilization rates, and business performance of key manufacturing sectors in Vietnam.
6. Identify and assess arguments and evidence likely to be raised by USTR and U.S. domestic stakeholders and prepare corresponding rebuttal strategies.
7. Participate in meetings convened by Ministry of Industry and Trade of Viet Nam (Trade Remedies Authority as the focal point) with governmental agencies, industry associations, and enterprises, as requested.
8. Translating documents from Vietnamese into English.
9. To prepare written comments submissions for the Government of Viet Nam in the above investigations in accordance with applicable procedural requirements and submit them in a timely manner on behalf of the Government of Viet Nam.
10. To assist in drafting supporting submissions in favor of Viet Nam in the above investigations for U.S. and Vietnamese companies, industry associations, and other relevant stakeholders, where necessary.
11. To represent and accompany the Government of Viet Nam in public hearings organized by the U.S. in the above investigations.
12. To prepare written post-hearing rebuttal submissions for the Government of Viet Nam in the above investigations in accordance with applicable procedural requirements and submit them in a timely manner on behalf of the Government of Viet Nam.
13. To provide strategic advice to the Government of Viet Nam on the next steps following the issuance by the U.S. of its determination.
14. To liaise, on behalf of the Government of Viet Nam, with the Office of the United States Trade Representative, the United States International Trade Commission, and other relevant parties, where necessary.
15. Prepare and coordinate with the Ministry of Industry and Trade of Viet Nam (Trade Remedies Authority as the focal point) briefing materials, talking points, and discussion papers for engagement with USTR before its determination.    
16. To provide timely and regular updates to the Government of Viet Nam on developments in the above investigations.

C. SELECTION CRITERIA

1. Valid legal status and authorization to provide legal advisory services.
2. Demonstrated professional expertise and experience in advising on trade remedy cases and related matters initiated by the United States and/or in dispute settlement proceedings at the WTO (clearly indicating the number of trade remedy cases and/or WTO disputes advised on, including successful outcomes, if any).
3. Sound knowledge of U.S. laws, procedures, proceedings and practices relating to trade remedies and related matters, as well as WTO dispute settlement; strong understanding of international law and WTO dispute settlement mechanisms.
4. Proven experience in supporting the Government of Viet Nam, Vietnamese enterprises, and/or non-market economy countries in trade remedy cases involving the United States and/or in WTO dispute settlement proceedings.
5. Good reputation and credibility in the consulting field.
6. Availability of a qualified team directly involved in the case with experience in relevant fields, including financial analysis, corporate accounting, international trade, investment, production, and labor, etc. as well as experience, capability, and resources to collect information, analyze data, develop strategies, and participate in discussions throughout the handling of the case.
7. Cooperation with a partner law firm experienced in trade remedies and WTO dispute settlement, either in Viet Nam or in the United States, to jointly provide legal advisory services.
8. Availability of a qualified team directly involved in the case with proficiency in English to ensure the ability to work, communicate, and handle documentation throughout the case.
9. Strong understanding of U.S. laws and regulations under Section 301, Section 232, and related provisions.
10. In-depth knowledge of Viet Nam’s economy, with the ability to synthesize and analyze policies, practices, and macroeconomic conditions, as well as to collect and assess evaluations from reputable independent international organizations, and conduct comparative analysis with other economies, particularly within the region.
11. Established working relationships with U.S. government agencies and relevant stakeholders, and access to appropriate information channels to develop effective strategies.
12. Sufficient years of operation in the legal field in general, and in trade remedies in particular.
13. Ranking of the law firm in reputable global legal rankings (to be specified, if applicable).
14. Based on the satisfaction of the above criteria, offering reasonable and competitive consulting fees commensurate with the nature and requirements of the case.
15. Other relevant criteria, as appropriate.

D. MONITORING MECHANISM

Work Progress and Deliverables

The selected legal service provider is expected to complete the following tasks within the timelines below:

1. Complete the Government of Viet Nam’s written comments and rebuttal submissions prior to the deadlines set by the United States.
2. Submit the Government of Viet Nam’s comments and rebuttal submissions through the U.S. electronic filing system, in accordance with the prescribed procedures and timelines.
3. Complete the draft hearing statement of the Government of Viet Nam no later than 10 days prior to the public hearing.
4. Complete and submit the Government of Viet Nam’s post-hearing rebuttal submissions through the U.S. electronic filing system, in accordance with the prescribed procedures and timelines.
5. Analyze and prepare comments and rebuttal submissions on behalf of the Government of Viet Nam in response to the U.S. final determination and/or proposed measures applicable to Viet Nam and submit them through the U.S. electronic filing system in accordance with the prescribed procedures and timelines.
6. Provide timely and regular updates to the Government of Viet Nam on developments in the above cases.

Monitoring Rules

1. All documents and communications prior to submission to the United States International Trade Commission and relevant U.S. stakeholders must be reviewed and commented on by the Government of Viet Nam (represented by the Ministry of Industry and Trade) and may only be submitted upon obtaining the Government’s approval (represented by the Ministry of Industry and Trade).
2. The law firm and its partners shall hold regular meetings with the Ministry of Industry and Trade to update on the progress of the cases.
3. Timely reports on developments and progress of the cases must be prepared and submitted to the Ministry of Industry and Trade.

To ensure the timely handling of the case, participating units are required to submit the law firm’s dossier, information on the lawyers expected to be involved in the case, and the proposal (hard copy or electronic version) based on the above-mentioned contents to the Trade Remedies Authority of Vietnam no later than 5:00 PM on April 2, 2026 (Hanoi time) for the Ministry of Industry and Trade to consider and select an appropriate partner.

For further details, please contact: Department of Foreign Trade Remedies Handling, Trade Remedies Authority of Vietnam, Ministry of Industry and Trade, 54 Hai Ba Trung Street, Cua Nam Ward, Hanoi.

Persons in charge: Ms. Nguyen Yen Ngoc – Head of Division, and Ms. Nguyen Hang Nga – Deputy Head of Division, Trade Remedies Compliance Division, Trade Remedies Authority of Vietnam, Ministry of Industry and Trade.

Mobile: 0968456865

Email: nganha@moit.gov.vn; ngocny@moit.gov.vn.