VCCI and VASEP urge businesses to address US trade risks

VCCI and VASEP urge businesses to address US trade risks

Workers processing pangasius fish fillets for export at a factory in Đồng Tháp Province. Pangasius is a key Vietnamese export to the US. —VNA/VNS Photo

The Vietnam Chamber of Commerce and Industry (VCCI) and the Vietnam Association of Seafood Exporters and Producers (VASEP) have urged Vietnamese businesses to prepare for potential trade-related risks arising from a recent US report accusing Việt Nam of failing to enforce intellectual property rights.

According to the WTO and Integration Centre under VCCI’s Legal Department, the US Trade Representative (USTR) released the 2026 Special 301 Report on April 30, assessing intellectual property protection and enforcement efforts in US trading partners.

The USTR report identified Việt Nam as a Priority Foreign Country (PFC), meriting the highest level of concern.

The specific grounds for this designation are a failure to provide persistent and effective enforcement to combat online piracy; failure to provide sufficient enforcement against widespread counterfeiting; lack of effective border enforcement; lack of enforcement actions against unlicensed software use; and lack of criminal measures against cable and satellite signal theft.

This is a development that must be closely monitored, as depending on the results of consultations and assessments by the US side, an investigation – if initiated – could be lengthy and may lead to adverse trade measures, including tariff actions. 

According to the VCCI and VASEP, businesses should proactively respond to risks and maintain a cooperative, dialogue-based, and transparent approach.

For the business community, now is the time to step up reviews of compliance with intellectual property laws across all production, business and export activities, especially for enterprises with markets, partners or supply chains closely linked to the US.

In the immediate term, businesses must urgently check their current level of internal compliance within their organisations, particularly regarding the issues mentioned by the USTR in the report. 

Companies should also focus on completing internal documentation proving their legal right of use or ownership of related intellectual property assets to minimise risks if explanation requests are made or disputes arise.

Businesses providing digital platform services, e-commerce, hosting services, data centres, social networks or other intermediary infrastructures should strengthen content control and seller screening processes, enhance mechanisms for receiving and processing complaints of intellectual property infringement, and promptly remove goods, online storefronts or content with clear signs of violation. 

In high-risk cases, especially goods related to healthcare, food, dietary supplements or websites with signs of providing pirated content on a large scale, firms should have early prevention measures and coordinate closely with relevant authorities.

Alongside a review of intellectual property compliance, companies exporting to the US must also continue promoting transparency, digitising records and improving traceability throughout the entire supply chain. 

VASEP also outlined key datasets for seafood exporters. These include raw material supplier records; farming areas or fishing vessel information; batch codes; production logs; testing and inspection results; food safety certifications; traceability records; customs documentation; contracts, invoices and bills of lading; certificates of origin; health certificates; and certificates of compliance with the Marine Mammal Protection Act or importer-specific requirements.

The association recommended that such data be stored within secure systems featuring access controls, timestamp tracking, revision histories and rapid retrieval capabilities.

These are not only requirements for risk management in the event of adverse developments from the US side, but also an important condition for enhancing competitiveness and meeting increasingly strict requirements from the international market regarding compliance, origin, quality and product transparency.

Việt Nam has made significant recent efforts to improve its legal framework and enhance the enforcement of intellectual property rights, including amending the Law on Intellectual Property, strengthening inter-agency coordination in handling violations, and deploying inspection and review measures in the digital environment and in the circulation of goods. 

Vietnamese authorities have also requested the US to provide a more objective, comprehensive and balanced assessment of the country’s efforts to protect and enforce intellectual property rights.

In the event the USTR decides to initiate an investigation, relevant businesses and industry associations should participate in the process and provide information, comments, and accounts of actual practices to the US side through appropriate channels. 

VCCI will continue to closely monitor related developments and coordinate with agencies, associations and the business community to update information, synthesise recommendations and support companies in the response process. 

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