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According to lawyer (Lawyer) Dinh Anh Tuyet, Arbitrator of Vietnam International Arbitration Center (VIAC), IDVN Law Office: More than 10 years ago, when investigative cases against Vietnam were increasingly increasing, increase. Actually, the problem is a bit opposite, when Vietnamese goods compete better, meet better standards, dominate the market better… then in new export markets, this leads to risks of defense lawsuits. commerce.

This is a very important criterion because if the plaintiff or partner wants to sue, the market share of Vietnamese businesses in the United States must be over 7%. If you want to sue Vietnam in a group of countries, for example a shrimp lawsuit including Vietnam, Ecuador, and India, the market share must be at least 3%.

So if the turnover is low and not too competitive, no one usually cares. Or if the goods are not competitive enough and do not make domestic businesses feel threatened by their market share, it is difficult to face trade defense lawsuits. Thus, Vietnamese goods must ensure quality to dominate the market, leading to a higher risk of being sued.

From a personal point of view, lawyer Tuyet believes that although trade defense lawsuits are difficult and have great obstacles. But at the same time it is also an opportunity.

“It means that if among the sued countries, Vietnam has the best rate, it means that Vietnam has a better opportunity to expand its market, compared to businesses with high taxes, this is very natural competition. And this is a very natural competition. To achieve this, businesses must prepare and make great efforts in dealing with lawsuits,” Lawyer Tuyet said.

“I have advised quite a few businesses. Although they have not been sued, they assess that their foreign market turnover is large enough and are at risk of being sued,” she said.

At the same time, Ms. Tuyet believes that businesses themselves need to prepare for review and assessment so that if a lawsuit occurs, the problems they are facing will have any obstacles and be resolved immediately.

Ms. Tuyet emphasized that businesses can consider applying. When Vietnam’s total market share in the United States is large, it is publicized on their information channels. For long-standing export businesses, with such good preparations, they consider lawsuits as normal problems. Of course there are obstacles, but that doesn’t mean we should restrain exports or abandon the market.

In addition, Ms. Tuyet said: “In the past 20 years, we have seen extremely big changes in US law. For example, in the past, businesses were given 0 points in a row in review rounds. administrative control will be able to escape trade defense lawsuits. But then they ignored this regulation.”

The lawyer of IDVN Law Office said that with such a three-times-zero rule, a Vietnamese company, Minh Phu Group Company, has escaped an anti-dumping lawsuit against shrimp. In addition, as in the recent shrimp anti-subsidy lawsuit, the US side also changed the way they selected mandatory defendants.

According to Lawyer Tuyet, US investigations are becoming increasingly unpredictable, posing more risks for businesses and business associations in general.