USTR Announces Section 301 Investigation of Vietnam’s Acts, Policies, and Practices Related to Intellectual Property Protection and Enforcement

WASHINGTON - Today, following identifying Vietnam as a Priority Foreign Country in the 2026 Special 301 Report, which was published on April 30, U.S. Trade Representative Jamieson Greer initiated an investigation of Vietnam under Section 301 of the Trade Act of 1974. The investigation will seek to determine whether Vietnam's persistent failure to resolve long-standing concerns about intellectual property (IP) protection and enforcement is unreasonable or discriminatory and burdens or restricts U.S. commerce.

"While Vietnam has recently taken some steps toward addressing IP concerns that the United States has chronicled over many years in USTR's Annual Special 301 Report, IP infringement in Vietnam continues to impair the competitive position of U.S. innovators and creators," said Ambassador Greer. "We need to see Vietnam resolve these long-standing concerns, including on a range of IP enforcement issues, in a manner that is sustained and that deters future IP infringements."

The current investigation will examine Vietnam's acts, policies, and practices related to IP protection and enforcement and assess their impact on U.S. commerce. Once the investigation is complete, Ambassador Greer will determine, in consultation with President Trump, what, if any, responsive action should be taken to address them.

Background

Section 301 of the Trade Act of 1974, as amended, (Trade Act) is designed to address unfair foreign practices affecting U.S. commerce. Section 301 may be used to respond to unjustifiable, unreasonable, or discriminatory foreign government practices that burden or restrict U.S. commerce. Under section 182(b) of the Trade Act, countries that have the most onerous or egregious acts, policies, or practices that have the greatest adverse impact on the relevant U.S. products may be identified as "priority foreign countries," unless they are entering into good-faith negotiations or are making significant progress in bilateral or multilateral negotiations to provide adequate and effective protection for IP rights and fair and equitable market access for persons that rely on IP protection. Section 302 requires the Trade Representative to decide within 30 days following the identification of a priority foreign country whether to initiate an investigation regarding the acts, policies, and practices that were the basis for that identification.

In the April 30, 2026, Special 301 Report, Ambassador Greer identified Vietnam as a priority foreign country due to its persistent failure to resolve long-standing concerns about IP protection and enforcement. Pursuant to section 302, Ambassador Greer has determined to initiate an investigation of the acts, policies, and practices of Vietnam that were the basis for that identification.

A copy of the Federal Register Notice is available here.

A docket for comments regarding the investigation will be available here.

###