7 Matters About Mediation Briefs: Understanding Their Role, History and How to Write?

  A Global Skill Arriving in Vietnam

“Mediation briefs” may sound unfamiliar to most future legal practitioners in Vietnam, but in the United States this term has become an essential part of professional mediation practice. It refers to a structured written document that helps both the mediator and the parties understand the facts, issues, and interests in dispute before the mediation session begins.

Through the initiative supported by the Weinstein International Foundation (WIF), the concept of mediation briefs is being introduced to Vietnam as part of the international mediation writing and advocacy competition.

Now we will together explore why it matters, and how it helps mediators, advocates, and disputing parties communicate more effectively.

Shadow a mediation case under Bruce Edwards

Where Mediation Briefs Come From

The concept of mediation briefs evolved alongside the professionalization of mediation in the United States during the late 20th century. As mediation developed into a mainstream alternative dispute resolution (ADR) method, professional mediators began requesting written summaries from parties to understand key issues in advance.

Esteemed mediators such as Judge Daniel Weinstein, a co-founder of JAMS, emphasized that effective mediation depends on discipline, preparation, and trust-building. A well prepared mediation brief embodies those principles by providing structure and clarity to the discussion.

Similarly, Bruce Edwards and Susan Edwards of Edwards Mediation Academy have explained that mediation briefs serve as a communication bridge between counsel, clients, and mediator.

Why Mediation Briefs Matter

A mediation brief is more than a summary, it is a tool for understanding. It allows the mediator to grasp the factual background, the commercial context, and the parties’ interests before they meet.

Good mediation briefs:

• save time by reducing repetition during sessions,
• help mediators focus on key issues, and
• improve mutual understanding by revealing what truly matters to each side.

In essence, mediation briefs make mediation faster, clearer, and more human.

Mediation Briefs Around the World

Although the name “mediation brief” is mainly used in the United States, similar documents exist globally:

In the United Kingdom, mediators use “mediation submissions” or “case summaries”

In Singapore, mediators receive “position statements”

In other countries, parties exchange “mediation statements”

Whatever the label, the purpose is identical, to prepare all participants for a constructive and informed conversation.

Who Writes a Mediation Brief and When

In professional practice, mediation briefs are typically drafted by the parties’ lawyers or mediation advocates.

The mediation brief should primarily address the mediator, not the opponent. It is not a legal argument, but an informative narrative.

Usually, mediation briefs are sent several days before the session, allowing mediators to study them carefully. Some mediators encourage exchange of briefs between parties, while others request a confidential version.

There are a shared brief, presenting key facts and desired outcomes; and a confidential brief, sharing candid thoughts or negotiation ranges only with the mediator.

What a Mediation Brief Should Cover

A professional mediation brief is concise, of length normally between 5 to 10 pages, and includes:

Case overview: what the dispute is about.

Background facts: key events, agreements, or obligations.

Issues in dispute: what remains unresolved.

Interests and priorities: what each party values most.

Previous negotiations: what has been offered or discussed.

Desired outcomes: possible settlement ideas.

Attachments: relevant documents or data.

As one said, a mediation brief should enlighten, not argue. It should show how the party’s position aligns with fairness and practicality, not just with law.

Mistakes to Avoid

There are times people misunderstand the purpose of mediation briefs. The errors include:

• Treating the brief like a court pleading or memorandum.
• Writing too long, too legalistic, or too emotional.
• Ignoring the mediator’s need for neutrality and balance.
• Failing to highlight underlying interests and human factors.

Remember that, a good mediation brief uses the tone of cooperative and credible, not combative nature.

AI and Mediation Briefs: The Intersection

In recent years, artificial intelligence (AI) have started to influence how legal professionals draft documents.

According to JAMS’ 2024 article “Revolutionizing Resolution: The Transformative Impact of AI on ADR” AI tools are beginning to support mediators and lawyers in tasks such as summarization, preparation, and procedural coordination, but it cannot replace the human capacity for empathy and judgement.

The Benefits of Using AI in Mediation Briefs

AI can serve as a useful assistant when preparing mediation briefs for the purpose to:

• structure sections logically,
• improve clarity and tone, and
• summarize lengthy documents or correspondence.

When used responsibly, AI allows writers to focus more on the human and strategic aspects of the dispute.

What Are The Drawbacks of Using AI?

There are, however, important cautions:

Loss of critical thinking: Over reliance on AI may weaken a writer’s ability to analyze facts, prioritize arguments, and exercise professional judgment.

Perception and credibility risks: Mediators or judges may view AI generated documents as impersonal, overly generic, or lacking sincerity, especially in a field like mediation where tone and empathy matter most.

Best Practices in Using AI Wisely

Writers of mediation briefs should view AI as a supporting assistant, not a substitute for their own insight.

• Keep the strategic, emotional, and interest framing parts fully human.
• Rely on local knowledge, cultural nuance, and empathy, things AI cannot replicate.
• Always verify and correct any AI generated content for potential errors or bias.
• Ultimately, every writer must make their own choice whether to use AI, but if they do, it should remain an assistant, not an author.

Overall, mediation advocacy lawyers are encouraged to treat the mediation brief as an opportunity to demonstrate:

• clarity in explaining complex facts,
• balance in tone, and
• creativity in proposing settlement options.

Whether written entirely by hand or supported by AI tools, what matters is thoughtfulness, how the brief reflects understanding, empathy, and professionalism.

About VEMC, a Mediation Center in Vietnam

Vietnam Effective Commercial Mediation Center (VEMC) is a a Non-Profit Organization that Promote Mediation as Alternative Dispute Resolution in Vietnam, Provide Training and Mediate Disputes. The idea of mediation is to offer a different way of handling disagreements as compared to litigation proceedings. At VEMC, we pride ourselves on having a team of highly qualified and experienced professionals dedicated to the vision and mission of the center. Contact us to exchange ideas for cooperation in dispute resolution, work with us, or request services.

Source: https://vietnamadr.com/mediation-briefs-their-role-how-to-write/

From Theory to Reality: Learning the 6 Steps of Mediation Through Real Experience at JAMS

  

Why Real Experience Matters

In October 2023, I was fortunate to receive an opportunity from the Weinstein International Foundation to shadow some of the most respected mediators at JAMS in the United States. Over the course of several mediations, covering disputes from construction projects, shareholder disagreements, class action lawsuit, housing health issues, to insurance claims, I observed not just theory, but the living process of mediation in action.

Through these experiences, I learned that while every mediation is unique, most follow certain key steps of mediation.

In here, I will share these steps in simple terms, together with stories and impressions from my time in the US, so that future Vietnamese law practioners can imagine.

Step 1: Preparation, The Groundwork Before Meeting

Mediation does not start when the parties walk into the room. It begins before the session, with careful preparation:

• Mediators review the case documents.
• Lawyers (or parties) prepare mediation briefs.
• Scheduling, logistics, and sometimes pre-mediation calls are held to set expectations.

A very important tool in this stage is the mediation briefs. This is a written summary of each party’s case, usually provided to the mediator before the session. It explains the background, key facts, legal arguments, and the party’s goals.

In the US mediations I observed, briefs were concise but very informative, allowing the mediator to quickly understand the issues.

For example, in a construction project dispute involving delays caused by local government and contractors, both sides submitted mediation briefs in advance. By the time the parties arrived, the mediator already knew the financial and technical issues. This preparation allowed the session to move quickly into problem-solving.

Step 2: Opening, Setting the Stage

At the beginning, the mediator explains:

• The rules of the process (confidentiality, neutrality, voluntary nature).
• The goal: not to decide who is right or wrong, but to help parties reach agreement.

I saw this in a class action consumer rights lawsuit, where the mediator calmly explained the process to lawyers representing hundreds of consumers. By clarifying confidentiality and neutrality, the mediator reassured both the corporation and the consumer side that the process would be fair.

This opening stage is essential in the steps of mediation, as it sets the foundation for cooperation.

Step 3: Storytelling, Each Side Speaks

Each party has a chance to share their story. Sometimes this happens together in a joint session, sometimes separately.

In a housing dispute over mold affecting a family’s health, the tenant wanted to describe the serious health impacts on children, while the landlord focused on costs and repair difficulties. Allowing both sides to tell their stories not only provided information but also gave emotional weight to the dispute.

This step reminded me that one of the most human aspects of the steps of mediation is simply being heard.

Step 4: Exploration, Private Meetings in the Steps of Mediation

One of the most unique and powerful parts of the steps of mediation is the private meeting, or caucus. This usually happens after the joint session, when the mediator decides it is time to talk to each side separately.

• In the US, this often takes place in different rooms, with the mediator walking back and forth.
• In hybrid mediations, the mediator uses Zoom breakout rooms for privacy.
• These meetings can happen at any stage if emotions are too strong, or if sensitive information needs to be shared confidentially.

In one shareholder dispute, tempers arose during the joint session. The mediator quickly moved the parties into caucuses. In private, he was able to discover each side’s true concerns, such as recognition of contributions, that would never have surfaced in open discussion.

Private meetings showed me how much depth lies behind the steps of mediation.

Step 5: Negotiation, Building Bridges

The mediator then carries messages, proposals, and options back and forth between the parties. This is often the longest and hardest part.

In an insurance dispute between a hospital and an insurance company over unpaid claims, I observed the mediator skillfully reframe proposals. Instead of letting parties feel they were conceding, she emphasized progress toward a sustainable solution.

Negotiation is where the steps of mediation become most visible: moving from disagreement to agreement.

Step 6: Agreement, Writing It Down

When common ground is reached, the mediator helps draft a settlement agreement. This document is crucial, as it turns discussions into binding commitments.

In one hybrid mediation (mix of online and in-person), parties reached a last-minute deal after hours of negotiation. The mediator patiently stayed until both sides signed, even late after the normal work hours. That moment showed me how perseverance is key in real mediation.

The final stage in the steps of mediation proves that persistence and patience can transform conflict into resolution.

Lessons For Future Vietnamese Law Practioners

1. Mediation is not theory, it’s practical problem-solving.
2. Every case is different, but the steps of mediation give structure.
3. Listening is as important as arguing.
4. Preparation and patience are the invisible forces behind success.
5. Mediation briefs and private meetings are tools that make mediation work in practice.
6. Cultural sensitivity matters. In the US, I saw mediators adjust language, tone, and even room settings to make parties comfortable.

Shadowing mediators at JAMS gave me the chance to see how real disputes, real emotions, and real businesses are handled through mediation.

For future Vietnamese law practioners, I hope these simple steps and stories make the process clearer, and inspire you to see mediation not only as an academic subject, but as a powerful tool for resolving conflicts in practice.

The steps of mediation provide a roadmap. But as I saw in the US, the real skill of the mediator is in how they apply these steps to guide parties from conflict to cooperation.

One thing I keep in mind is great lunches, and snacks, coffee, energy/chocolate bars, fruits served all the time at JAMS center in San Francisco. Maybe this factor also plays part of the role in successful mediations.

And another thing one should keep in mind, mediation is not a solution to all disputes. It is one of 4 primary dispute resolution types, alongside negotiation, arbitration and litigation. But, why not give it a try?

About VEMC, a Mediation Center in Vietnam

Vietnam Effective Commercial Mediation Center (VEMC) is a a Non-Profit Organization that Promote Mediation as Alternative Dispute Resolution in Vietnam, Provide Training and Mediate Disputes. The idea of mediation is to offer a different way of handling disagreements as compared to litigation proceedings. At VEMC, we pride ourselves on having a team of highly qualified and experienced professionals dedicated to the vision and mission of the center. Contact us to exchange ideas for cooperation in dispute resolution, work with us, or request services.

Source: https://vietnamadr.com/learning-the-6-steps-of-mediation/

Future Lawyer Training in Mediation in Vietnam: Insights from the Global Kickoff 2025 and October Schedule

  

Competition Schedule for October 2025 

Students participating in the International Mediation Writing Competition 2025 should take note of the following schedule: 

• October 1, 2025: Begin self-learning of basic mediation concepts with materials to be published on VietnamADR.com. 

• October 8, 2025 at 7:30 PM (Webinar): Question & Answer session on competition rules and guidelines to prepare for the memo. 

• October 15, 2025 at 12:00 Noon (Webinar): Training in English on “How to write an effective mediation brief” (joining with students from Singapore and other neighboring countries). 

• October 31, 2025: Deadline for submission of the memo via Email. 

These milestones are designed as steps in future lawyer training in mediation in Vietnam, helping participants develop practical skills and confidence before submitting their work. 

 

Global Kickoff Highlights 

The Weinstein International Foundation officially launched the International Mediation Writing Competition 2025 with a global kickoff webinar on Sep 25th, 2025 that gathered near 300 participants from around the world.  

More than a contest, the event highlighted mediation as a cornerstone of future lawyer training in mediation in Vietnam and other countries, equipping students with the tools to go beyond textbooks and traditional litigation practice. 

The Role of Mediation in Future Lawyer Training 

Judge Danny Weinstein, founder of the foundation and one of the world’s most respected mediators, reflected on the journey of mediation. Fifteen years ago, most lawyers had little idea what a mediation brief was. Today, these briefs are central to teaching young lawyers how to frame disputes constructively, not as battles to win, but as opportunities to build trust and open dialogue. 

He called the competition a “mediation miracle,” proof that mediation is no longer on the margins but a core part of global legal practice. 

Jay Welsh, former General Counsel of JAMS and Chair of the Competition, explained that the idea started five years ago as a way to promote mediation advocacy. With the ongoing efforts of senior fellows worldwide, it has grown into a global movement that stands as a foundation for future lawyer training in mediation. 

Senior Fellows’ Perspectives 

Senior fellows emphasized that a mediation brief is much more than a legal document. It is an invitation to dialogue and a tool for building trust with clients, mediators, and even opposing parties. 

From Vietnam, where mediation is still developing, Tuan Nguyen, the Vietnamese senior fellow noted that the competition offers a unique chance for Vietnamese students to step beyond theory and into real discussions about dispute resolution. For these participants, the competition represents growth not only as capable lawyers but as communicators and peacemakers. 

Global Lessons and Tips from Participants 

Students from previous competitions shared how their experiences shaped their outlook and careers, offering practical advice for newcomers: 

• Ecuador: Preparation is key, reread facts, enlarge the problem, explore creative options, and step into the role of the client. 

• Bulgaria: Success rests on strategy, innovation, empathy, and framing arguments to encourage dialogue. 

• China: The challenge provoked critical thinking, required blending legal and business knowledge, and emphasized harmony. 

• Egypt: Conflict can be reframed as collaboration; challenges should be embraced passionately; the competition acts as leadership training. 

• Mexico: Deep research, thorough reading of case files, and creativity in generating options were vital. 

• Mexico: The real reward is knowledge, master the facts and client needs, write with a conciliatory tone, and focus on transformation rather than prizes. 

• Moldova: The competition deepened understanding of mediation and opened doors to internships and career opportunities. 

• Vietnam: The experience was described as extraordinary, with empathy emphasized as crucial, a warning not to over-focus on legal analysis, and encouragement to innovate creatively. 

Together, these voices show that the competition is a global platform for future lawyer training in mediation, where students learn to turn conflict into opportunity and to see themselves as future leaders in dispute resolution. 

Why Future Lawyer Training in Mediation in Vietnam Matters 

The kickoff closed with reflections on the broader importance of mediation today. In a world transformed by globalization, technology, and artificial intelligence, legal systems are evolving rapidly.  

Vietnamese lawyers of tomorrow will need to help clients not only fight legal battles but also preserve relationships and prevent disputes from escalating. 

A mediation brief, senior fellows noted, is more than practice, it is an investment. By learning to craft such briefs, students prepare themselves to become better advisors and leaders in the years to come. 

As one senior fellow remarked: “If you don’t change, the change will change you.” 

Building Tomorrow’s Lawyers 

The International Mediation Writing Competition 2025 is not just a contest. It is a global classroom, where students gain hands-on experience, cross-border connections, and the confidence to see conflict in a new light. 

By centering on future lawyer training in mediation in Vietnam, the competition is preparing the next generation of lawyers to lead with empathy, strategy, and creativity, shaping not only their careers but also the future of justice itself. 

About VEMC, a Mediation Center in Vietnam

Vietnam Effective Commercial Mediation Center (VEMC) is a a Non-Profit Organization that Promote Mediation as Alternative Dispute Resolution in Vietnam, Provide Training and Mediate Disputes. The idea of mediation is to offer a different way of handling disagreements as compared to litigation proceedings. At VEMC, we pride ourselves on having a team of highly qualified and experienced professionals dedicated to the vision and mission of the center. Contact us to exchange ideas for cooperation in dispute resolution, work with us, or request services.

Source: https://vietnamadr.com/future-lawyer-training-in-mediation-in-vietnam/

Why the 21st ICC Mediation Competition Is a Golden Opportunity for Vietnamese Students?

  

Introduction 

Imagine being in a room with the best student teams from around the world, negotiating real-life commercial disputes under the guidance of top international mediators. This is exactly what the ICC Mediation Competition offers.  

For Vietnamese students, this is not only a chance to showcase talent but also a bridge to global networks, practical skills, and professional growth.  

If you learn mediation today, you open the door to tomorrow’s opportunities, and the ICC Mediation Competition is one of the brightest gateways. 

Understanding the ICC Mediation Competition 

The ICC Mediation Competition is the world’s largest educational event devoted exclusively to international commercial mediation. Each year in Paris, student teams from leading universities compete in simulated disputes.  

They play the role of counsel and client, guided by professional mediators who act as judges. It is a vibrant forum where theory meets practice, and where participants sharpen their advocacy, teamwork, and problem-solving skills. 

Why the ICC Mediation Competition Matters for Vietnam 

For Vietnam, a country increasingly integrated into global trade and investment, the ability to resolve disputes through mediation is a vital skill.  

By joining the ICC Mediation Competition, which deadline to register is Oct 3rd, 2025  Vietnamese students can: 

• Build competence in negotiation and cross-border conflict resolution. 

• Gain exposure to diverse cultures and legal systems. 

• Bring home international best practices to enrich Vietnam’s ADR landscape. 

This competition helps prepare the next generation of lawyers and mediators who can confidently handle international disputes. 

But, this is not a free competition as international mediation writing competition in 2025 in Vietnam as organized by VEMC.   

Learning as a Team: More Than Winning 

The true value of the ICC Mediation Competition is not just in the trophies but in the journey. Forming a team, preparing case strategies, and practicing mediation advocacy are themselves powerful learning experiences. Vietnamese students will find that joining the competition allows them to grow together, share challenges, and discover new perspectives. Winning is rewarding, but learning as a team is priceless. 

Connecting With Global Experts 

One of the most exciting aspects of the ICC Mediation Competition is direct contact with world-class mediators, lawyers, and dispute resolution professionals. Students are mentored by seasoned experts who volunteer their time to coach, evaluate, and inspire. For Vietnamese participants, this is a rare opportunity to network internationally, build mentorship relationships, and explore career pathways beyond borders. 

A Call to Vietnamese Universities and Students 

Vietnamese law schools and student groups should view the ICC Mediation Competition as more than an event, it is a capacity-building tool.  

By encouraging participation, universities can elevate their students’ global exposure and practical readiness. Students themselves should see it as a launchpad: a chance to test their skills, make friends across continents, and return with a stronger sense of confidence in dispute resolution. 

Again, this is not a free event like IMWC25 organized by VEMC. 

Conclusion 

The ICC Mediation Competition is more than a competition.

If Vietnamese team could afford to join, that would be a great opportunities to learn, connect, and grow into the next generation of mediation leaders. By stepping onto this stage, you not only represent yourself and your university but also showcase Vietnam’s readiness to engage in the international ADR community.  

But more than that, following up with the global competition like this would be a good inspiration, and each of the Vietnamese could take step by step to start learning mediation advocacy skills today and be ready for opportunities arisen.

About VEMC, a Mediation Center in Vietnam

Vietnam Effective Commercial Mediation Center (VEMC) is a a Non-Profit Organization that Promote Mediation as Alternative Dispute Resolution in Vietnam, Provide Training and Mediate Disputes. The idea of mediation is to offer a different way of handling disagreements as compared to litigation proceedings. At VEMC, we pride ourselves on having a team of highly qualified and experienced professionals dedicated to the vision and mission of the center. Contact us to exchange ideas for cooperation in dispute resolution, work with us, or request services.

Source: https://vietnamadr.com/icc-mediation-competition-21st/

Anti-Circumvention Investigation Procedures in Vietnam: 7 Powerful Steps to Protect Fair Trade

  Trade is never static. Where there are rules, there are players trying to bend them. Where there are duties, there are attempts to escape them. This reality is at the heart of why anti-circumvention investigation procedures in Vietnam matter. 

Imagine this situation that Vietnam imposes anti-dumping duties to protect domestic industries. But suddenly, imports do not slow down, they just change shape. Products are slightly modified, shipped through a third country, or relabeled to claim a new origin. The intention could be to avoid the duties and keep profits flowing. 

The matter if being proved is not small. It undermines fair trade, weakens the protective shield for local industries, and damages trust in the legal system.

Anti-Circumvention Investigation Procedures in Vietnam: 7 Powerful Steps to Protect Fair Trade

In here, we will discuss different layers of the process, from the legal basis to the investigation steps, from practical risks to compliance strategies. Understanding anti-circumvention investigation procedures in Vietnam helps every business that trades across borders. 

Why Anti-Circumvention Investigation Procedures in Vietnam Exist 

Trade Remedies are not Enough without Enforcement 

Anti-dumping, countervailing, and safeguard measures are designed to protect domestic industries from unfair competition. But duties alone are not a complete solution. Without enforcement against circumvention, these measures become fragile and ineffective. 

How Circumvention Happens in Practice 

Circumvention can take many forms: 

• Routing goods through third countries. 

• Making small modifications to products. 

• Assembling parts abroad to disguise the real origin. 

• Mislabeling origin intentionally. 

Each of these actions threatens the fairness of trade. This is why anti-circumvention investigation procedures in Vietnam have become a cornerstone of modern trade law. 

The Broader International Context 

Vietnam is not acting alone. WTO members also recognize circumvention as a real threat. Many jurisdictions have their own anti-circumvention rules. Vietnam’s framework aligns with this global trend, giving investors and businesses confidence that its trade environment is well protected. 

What Anti-Circumvention Investigation Procedures in Vietnam Deliver 

A level playing field 

The promise of these procedures is simple: fair trade. Domestic producers should not lose simply because others exploit legal loopholes. 

Trust in the system 

Foreign investors need certainty. They want to know that if they play by the rules, competitors will not gain an unfair advantage by cheating. 

Compliance clarity 

For importers and exporters, anti-circumvention investigation procedures in Vietnam provide guidance. They set out what evidence is required, how investigations are conducted, and what penalties may follow. 

How Anti-Circumvention Investigation Procedures in Vietnam Work 

To see how these procedures operate in practice, let’s break them down into clear steps. 

Step 1: Filing a Petition 

Domestic industries that feel harmed submit a petition to the Ministry of Industry and Trade (MOIT). The petition must show evidence of circumvention, supported by trade data and product analysis. 

Step 2: MOIT Screening 

Within about 45 days, MOIT reviews whether the petition is valid and supported by evidence. If yes, it initiates an official investigation. 

Step 3: Public Announcement 

MOIT publishes a notice, sends questionnaires to exporters, importers, and foreign governments, and invites stakeholders to participate. 

Step 4: Data Collection and Verification 

This includes customs data, company submissions, and even on-site verifications. Evidence of trade patterns, origin, and product modification is carefully checked. 

Step 5: Preliminary Findings 

If MOIT finds strong evidence, it may impose provisional duties. This prevents further harm while the investigation continues. 

Step 6: Final Determination 

MOIT issues a final report confirming or rejecting circumvention. If confirmed, duties already in place extend to the circumventing practices or products. 

Step 7: Implementation and Enforcement 

Vietnam Customs enforces the new measures. Importers must pay duties, and exporters must adapt their supply chains. 

This illustrates why anti-circumvention investigation procedures in Vietnam are both systematic and strict. 

Why These Procedures Matter  

For Vietnamese importers 

Importers often face the toughest risks. If they unknowingly import goods that fall under circumvention, they may face unexpected duties and penalties. Careful due diligence is essential. 

For foreign exporters 

Transparency is key. Exporters who cooperate with MOIT investigations often fare better. Those who refuse to cooperate may face the “facts available” rule, where MOIT assumes the worst and imposes higher duties. 

For domestic producers 

These procedures provide a real defense. By documenting unfair circumvention and petitioning MOIT, domestic producers can protect their market share and investments. 

For the Vietnamese economy 

The broader proof lies in stability. Effective anti-circumvention investigation procedures in Vietnam reinforce the credibility of Vietnam’s trade system, ensuring it remains a trusted partner in global supply chains. 

What Businesses Should Do Next 

Preventive compliance 

• Verify supplier origin and HS codes. 

• Conduct supply chain audits. 

• Keep clear records of production and trade flows. 

Active participation 

If under investigation, cooperate with MOIT. Submit documents, attend hearings, and respond to questionnaires fully and honestly. 

Strategic planning 

Businesses should factor in the risk of circumvention duties when designing supply chains. Short-term savings from circumvention are not worth the long-term legal and financial risks. 

Seek professional support 

Navigating anti-circumvention investigation procedures in Vietnam requires expertise. Trade lawyers, customs advisors, and compliance consultants can help businesses stay safe and competitive. 

Step-by-Step Guide in Anti-Circumvention Investigation in Vietnam 

1. Monitor trade remedy cases: Know which products are under duties.

2. Screen suppliers: Confirm origin and production methods. 

3. Respond promptly: Do not ignore MOIT questionnaires. 

4. Cooperate fully: Provide accurate data, even if it seems sensitive. 

5. Consult experts: Legal and trade professionals can strengthen your case. 

6. Plan alternatives: If duties are imposed, adjust your sourcing strategy. 

7. Stay updated: Laws and regulations evolve; compliance is ongoing. 

FAQ on Anti-Circumvention Investigation Procedures in Vietnam 

Q1: Who can request an anti-circumvention investigation? 

A: Domestic producers or associations who believe circumvention is harming them. 

Q2: How long do investigations take? 

A: Usually 6–12 months, but they may extend in complex cases. 

Q3: Can duties be applied retroactively? 

A: Yes, in certain circumstances, duties may cover imports made before the final decision. 

Q4: What if exporters refuse to cooperate? 

A: MOIT may use “facts available,” often leading to higher duties. 

Q5: Are provisional measures possible? 

A: Yes, provisional anti-circumvention duties can be imposed during the investigation. 

Q6: Do these rules apply to safeguard measures? 

A: Yes, circumvention investigations can also apply to safeguard measures, not just anti-dumping or countervailing duties. 

Q7: How do these procedures affect foreign investors? 

A: They provide assurance that Vietnam enforces fair trade, but investors must also manage compliance risks. 

Conclusion 

Anti-circumvention investigation procedures in Vietnam are more than a legal formality. They are the backbone of fair trade, ensuring that protective duties are not undermined by creative evasions. For domestic producers, they mean security. For foreign exporters, they mean responsibility. For importers, they mean vigilance. 

The message is clear, that is circumvention may seem clever in the short term, but in Vietnam’s trade system, it does not go unchallenged. By understanding these procedures, businesses can stay compliant, protect their reputations, and thrive in an increasingly rules based trading world. 

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-procedures-in-vietnam-7-steps.html