Key takeaways
The final Agreement is expected to be concluded by the end of this year with the following major commitments:
- A comprehensive agreement covering digital trade, services and investment, intellectual property, labor, environment, customs and trade facilitation, good regulatory practices, and any distortionary behaviors of state-owned enterprises.
- Commodities originating from Vietnam are subject to reciprocal tariff of 20%.
- Reciprocal tariff of 0% applies to certain commodities under Annex III of Executive Order 14346 dated 05 September 2025, as identified by both Parties.
- Technical barriers applied by Vietnamese authorities will be addressed/aligned e.g., US motor vehicle safety and emissions standards; import licenses for US medical devices; regulatory requirements and approvals for US pharmaceutical products; Vietnam's obligations under certain international intellectual property treaties; product quality conformity assessment procedures.
In more detail
- The reciprocal tariff and in-scope commodities originating from Vietnam
The Reciprocal tariff for Vietnam originating goods going into US is 20%. There is possibility that the reciprocal tariff will be reduced to 0% for a number of commodities under Annex III of Executive Order 14346 dated 05 September 2025.
However, the actual benefits of the tariff being reduced to zero may be limited as the commodity list is subject to a number of limitations which may exclude most of Vietnam's major exported commodities.
- Tariff reduction for US commodities
Vietnam will provide preferential market access for substantially all US industrial and agricultural exports to Vietnam.
This may mirror preferential tariff treatment that is currently applied to other key trading partners of Vietnam (e.g., the EU).
- Removal of technical barriers
Market access for the US commodities is expected to be improved when Vietnam reconsiders the current license, import permit and quality control on agricultural products, pharmaceuticals, vehicles, etc.
For further questions regarding this alert, please contact the listed authors.
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Ngoc Trung Tran, Senior Regulatory Advisor, has contributed to this legal update.