The Intellectual Property Office of Viet Nam hereby announces the selection of a legal service provider to represent and assist the Government of Viet Nam in the United States Section 301 investigation on intellectual property, as follows:

CRITERIA, TERMS OF REFERENCE, AND SUPERVISION MECHANISM FOR LEGAL SERVICE PROVIDERS AND LAWYERS PROVIDING LEGAL SERVICES IN THE SECTION 301 INVESTIGATION ON INTELLECTUAL PROPERTY

A. CONTEXT

On May 1, 2026 (Viet Nam time), the Office of the United States Trade Representative (USTR) released the 2026 Special 301 Report on Intellectual Property (IP). Accordingly, USTR identified Viet Nam as a “Priority Foreign Country” (PFC) based mainly on the following grounds: (1) failure to provide persistent and effective enforcement to combat online piracy; (2) failure to provide sufficient enforcement against widespread counterfeiting; (3) lack of effective border enforcement; (4) lack of enforcement actions against unlicensed software use; and (5) lack of criminal measures against cable and satellite signal theft. In addition, the Report also raised several other IP concerns, including: overly broad exceptions to copyright and related rights and the implementation of the WCT and WPPT; bad-faith trademark registrations; protection against unfair commercial use as well as unauthorized disclosure of undisclosed test data or other data generated for the purpose of obtaining marketing approval for pharmaceutical products; maintenance of prior-use rights for certain cheese terms to ensure market access for prior users of those terms who were in the Vietnamese market before the grandfathering date of January 1, 2017; and the establishment of specialized IP courts.

On May 30, 2026 (Viet Nam time), USTR announced the initiation of a Section 301 investigation regarding the acts, policies, and practices of Viet Nam related to the protection and enforcement of intellectual property rights (Docket No. USTR-2026-0364). Pursuant to the investigation procedures, USTR opened a docket to receive comments from interested parties on matters falling within the scope of this investigation. The deadline for interested parties to submit written comments on the case is before 11:59 p.m. on July 2, 2026, Eastern daylight time (EDT) (equivalent to 10:59 a.m. on July 3, 2026, Viet Nam time). At the same time, USTR may organize meetings, consultations, or hearings to support the investigation process. Pursuant to the provisions of the United States Trade Act[1], USTR will issue its final determination within six (6) months after the initiation of the investigation (which may be extended to nine (9) months).

B. SCOPE OF WORK

1. Duration

From June 2026 (commencing on the date the contract is signed, but no later than June 17, 2026, Viet Nam time) until USTR issues its final determination in the Section 301 investigation on intellectual property, in accordance with United States law.

2. Scope of services

The provision of legal services shall include, but not be limited to, the following tasks:

+ Providing the Government of Viet Nam with a comprehensive strategy and a detailed action plan for participation in the above-mentioned Section 301 investigation.

+ Preparing a list of information and document requests necessary for the preparation of the Government, ministries, sectors, agencies of Viet Nam’s written comments and rebuttal submissions in the above case; providing expert legal advice and coordinating the review to ensure that all response submissions comply with applicable U.S. procedures and regulations.

+ Participating in the collection, compilation, and analysis of Vietnamese laws, regulations, and policy frameworks related to IP rights and other matters related to the investigation.

+ Participating in the collection, compilation, and analysis of data on the enforcement of IP rights in Viet Nam relevant to the investigation.

+ Assisting ministries, sectors, agencies of Viet Nam in formulating appropriate arguments in due form and in strict compliance with applicable regulations, ensuring an effective and timely consultation and rebuttal process.

+ Identifying and evaluating arguments and evidence likely to be raised by USTR and interested parties , and at the same time preparing corresponding rebuttal strategies.

+ Participating in meetings with the ministries, sectors, agencies of Viet Nam and with relevant organizations and enterprises.

+ Translating relevant documents from Vietnamese into English and vice versa.

+ Preparing written comments in the above case in the required procedures, formality and regulations, and submitting them on behalf of the Government of Viet Nam by the prescribed deadline.

+ Assisting in the preparation of supportive statements for Viet Nam in the above investigation from U.S. and Vietnamese companies, associations, and other interested parties, if required.

+  Accompanying the ministries, sectors, agencies of Viet Nam in particpating in meetings, consultations, or hearings organized by the United States in the above case.

+ Preparing post-hearing rebuttal comments for the Government of Viet Nam in the above case in the required formality and submitting them on behalf of the Government of Viet Nam by the prescribed deadline.

+ Facilitating connections between relevant Vietnamese ministries, sectors and agencies and the USTR and other parties concerning the above case (if necessary).

+ Preparing summary documents, key speaking points, and discussion materials to support the ministries, sectors, agencies of Viet Nam in their work with USTR prior to USTR issuing its determination.

+ Providing strategic advice to the Government, ministries, sectors, agencies of Viet Nam on next steps following the issuance of the U.S. determination.

+ Providing timely and regular updates on developments in the above case to Viet Nam’s side.

+ Performing other tasks arising from requests by the U.S. side.

3. Deliverables

+ Written comments and rebuttal submissions of the Viet Nam side, completed and submitted within the deadlines prescribed under U.S. law.

+ Draft statement of the Government of Viet Nam, to be completed no later than ten (10) days before any public hearing.

+ Post-hearing(s) Rebuttal comments for the Government of Viet Nam, completed and submitted via the U.S. electronic portal in accordance with the applicable guidelines and within the prescribed deadlines.

+ Analytical report and preparation of comments and rebuttal submissions by the Government of Viet Nam regarding the U.S. determination and/or any proposed measures to be applied against Viet Nam, to be submitted via the U.S. electronic portal in accordance with the applicable guidelines and within the prescribed deadlines.

+ Documents to support the ministries, sectors, agencies of Viet Nam’s participation in meetings and consultations between USTR and Viet Nam during the investigation.

+ Reports providing timely and regular updates on developments in the above case to Viet Nam’s side.

C. PRINCIPLES FOR SELECTION OF THE LEGAL SERVICE PROVIDER

- Any legal service provider that meets the criteria set forth in Part D shall submit a proposal to provide legal services in accordance with the terms and conditions stipulated in Parts E and F below.

- Counsels’ fee shall be a maximum fixed flat fee payable to all the scope of work as set forth in Part B. The proposed fee shall be clearly stated in the bid dossier. Any expenses other than the counsels’ fee, e.g., traveling, lodging expenses, etc., shall be estimated with specific ceiling amounts. Fees and expenses shall be inclusive of taxes and charges in accordance with applicable laws and regulations.

- Payment to the legal service provider shall be made upon submission of a complete payment request file, including valid invoices, supporting documents, and other relevant papers in compliance with Vietnamese law. All documents evidencing payment shall be handed over to the Government of Viet Nam or the competent State authority in accordance with Vietnamese law.

- In the event of any dispute arising from the performance of the legal services agreement between the legal service provider and the Government of Viet Nam, the dispute shall be resolved by the Vietnamese courts in accordance with the laws of Viet Nam.

- Any information or documents to which the legal service provider has access in relation to the case shall be stored and kept confidential in accordance with applicable Vietnamese laws and shall only be disclosed to a third party with the prior approval of the Government of Viet Nam.

D. CRITERIA FOR SELECTION OF THE LEGAL SERVICE PROVIDER

The Section 301 investigation on intellectual property conducted by USTR will be resolved under United States law. Therefore, the legal service provider shall be an entity with in-depth knowledge and understanding of United States law and other relevant international laws. In addition, because the investigation concerns the acts, policies, and practices of Viet Nam related to the protection and enforcement of intellectual property rights, the legal service provider must also have a sound understanding of Vietnamese law.

1. General criteria for the Legal service provider

1.1. For foreign legal service providers

a) Legal status and capacity

- Possessing valid legal status and being authorized to provide legal advisory services, with a valid practicing license issued by the competent authority.

- Being a legal service provider of internationally recognized prestige and reputation, as ranked by reputable international organizations.

- Possessing specialized expertise in intellectual property, particularly in-depth knowledge of United States laws, procedures, processes, and actual practices relating to intellectual property investigations under the Trade Act of 1974 and related U.S. regulations; as well as knowledge of international laws and dispute settlement mechanisms at the WTO, other foreign judicial bodies or international dispute resolution bodies.

- Having the capability to analyze, assess, and forecast actions by USTR and other relevant U.S. agencies. Demonstrating an effective, efficient, and low-risk case management approach, together with a clear implementation roadmap and timeline, including measurable progress indicators and commitments on response times (supporting documents detailing the proposed approach must be submitted, clearly identifying the U.S. agencies/partners with which Viet Nam should engage during implementation).

- Maintaining cooperation relationships with USTR, U.S. government agencies, and relevant stakeholders, and possessing appropriate channels for accessing information to develop effective strategies, while ensuring compliance with professional ethics rules and conflict-of-interest prevention (channels of access and existing networks must be clearly described).

- Having a branch in Viet Nam or at least one local partner that is a legal service provider in Viet Nam to participate in the investigation.

b) Experience

- Having experience advising on intellectual property cases involving the United States. Experience in advising on intellectual property investigations under the Trade Act of 1974 and related U.S. regulations is an advantage (the number of cases handled and successful outcomes achieved must be clearly stated).

- Having experience assisting the Government of Viet Nam, Vietnamese enterprises, and/or other governments or enterprises in at least one intellectual property case involving the United States and/or in dispute settlement at the WTO, other foreign judicial bodies or international dispute resolution bodies (the number of cases and successful outcomes must be clearly stated).

- Having been operating for at least ten (10) years in the field of legal advisory services in general and in intellectual property in particular.

c) Personnel

Having a team of lawyers with experience in handling intellectual property cases involving the United States and/or in dispute settlement at the WTO, foreign judicial bodies, or other international dispute resolution bodies; possessing the experience, capability, and resources to collect information, analyze data, prepare case files and documents, and participate in negotiations in the process of handling intellectual property cases involving the United States and/or dispute settlement at the WTO, foreign judicial bodies, or other international dispute resolution bodies.

d) Other criteria

- Having goodwill toward the Government of Viet Nam; not being a legal service provider that is currently or has recently represented U.S. associations, enterprises, or rights holders whose interests  directly conflict with those of Viet Nam regarding trade and intellectual property matter (a written commitment shall be provided).

- Meeting any other criteria relevant to providing legal advisory services in response to a U.S. Section 301 investigation on intellectual property, with transparency and effective control of any costs incurred (if any).

- The organization and its individual members complying with the law, the code of ethics and professional conduct for lawyers, and not having been subject to any official conclusions on violations issued by competent authorities within the last three (3) years.

- On the basis of meeting the above criteria, offering reasonable and competitive legal fees commensurate with the nature and requirements of the case.

1.2. For Vietnamese legal service providers

- Not being a foreign law firm established in Viet Nam.

- Being a legal service provider of high prestige and reputation in Viet Nam and the region.

- Having a team of lawyers with experience and sound knowledge of Vietnamese intellectual property and commercial laws, United States laws, and other relevant international laws.

- The organization and its individual members complying with the laws, the code of ethics and professional conduct for lawyers, and not having been subject to any administrative sanctions or adverse findings by competent authorities within the last three (3) years.

2. Criteria for Lawyers directly participating in the Section 301 Investigation on intellectual property

2.1. For lawyers from foreign legal service providers

- Holding a valid practicing license or certificate.

- Having at least five (5) years of experience in intellectual property, handling intellectual property cases involving the United States, and/or dispute settlement at the WTO, foreign judicial bodies, or other international dispute resolution bodies; and having participated in at least one (1) such matter with a successful outcome (as Lead Counsel or as a team member).

In addition to the above, the Lead Counsel from the foreign legal service provider shall also meet the following requirements:

+ Having a minimum of ten (10) years of experience in intellectual property, handling intellectual property matters involving the United States, and/or dispute settlement at the WTO, foreign judicial bodies, or other international dispute resolution bodies (as evidenced in the curriculum vitae certified by the bidding legal service provider).

+ Having served or currently serving as Head of the Intellectual Property/Trade Disputes Department or as a Senior partner/ Senior lawyer of a foreign legal service provider.

2.2. For lawyers from Vietnamese legal service providers

- Holding a valid lawyer practicing certificate effective at least until the bid closing date and having at least five (5) years of experience.

- Committing to fully comply with the principles of legal practice (compliance with the Constitution and laws; adherence to the code of ethics and professional conduct for lawyers; independence, honesty, and respect for objective truth; use of lawful measures to best protect the legitimate rights and interests of clients; and accountability before the law for professional activities).

- Being fluent in English.

In addition to the above, the Lead Counsel from the Vietnamese legal service provider shall also meet the following requirements:

+ Having a minimum of ten (10) years of experience in intellectual property and/or commercial matters (as evidenced in the curriculum vitae certified by the bidding legal service provider).

+ Having served or currently serving as Head of the intellectual property/Trade disputes Department or as a Senior partner/Senior lawyer of a Vietnamese or foreign law firm.

3. Supervision Mechanism

- The selected foreign legal service provider must have a branch in Viet Nam or be affiliated with a Vietnamese legal service provider; however, the Government of Viet Nam shall conclude the legal services agreement only with the selected foreign legal service provider (no agreement shall be concluded with its branch, representative office, or affiliated Vietnamese legal service provider).

- All documents and communications intended for submission to competent authorities and interested parties in the United States must be reviewed and commented on by the Government of Viet Nam (represented by the Ministry of Science and Technology) and shallnot be submitted without approval of the Government of Viet Nam (represented by the Ministry of Science and Technology).

- The legal service providers (both foreign and Vietnamese) shall hold regular meetings with the Ministry of Science and Technology and other relevant ministries and agencies (if required) to update the status of the case and shall prepare and submit timely reports on developments and progress to the Ministry of Science and Technology.

- The legal service provider and its lawyers shall be responsible for maintaining the confidentiality of any information or documents related to the advisory work for the Government of Viet Nam during the investigation, in accordance with Vietnamese law. The use of any information obtained from this tender invitation for any purpose other than the bid submission is strictly prohibited.

- The legal service provider and its lawyers must fully comply with their professional obligations as lawyers and law firms throughout the engagement. When coordinating with partners and relevant parties, they must ensure compliance with Vietnamese laws governing lawyers and other applicable laws.

- These Terms of Reference do not constitute a commitment and are not binding on the Government of Viet Nam until a legal services agreement is signed and enters into legal effect. By submitting a bid dossier, the legal service provider is deemed to have agreed to and accepted all conditions set forth in these Terms of Reference.

E. BID SUBMISSION

1. Technical proposal dossier

The bid dossier must include:

- Documents explaining and introducing the capacity, experience, and relevant information of the foreign and Vietnamese legal service providers (accompanied by supporting documents as required).

- Proposed strategy, measures, and solutions for handling the Section 301 intellectual property investigation.

- List of foreign and Vietnamese lawyers proposed to participate in the investigation, together with their curricula vitae (accompanied by degrees, certificates, and other documents evidencing their experience).

- Other legal documents required under this bid dossier.

2. Financial proposal dossier and draft agreement

The financial proposal dossier must include:

The maximum fee for the entire scope of work as set forth in Section B of these Terms of Reference (including translation costs from Vietnamese to English and vice versa);

The hourly rates of the lawyers proposed to participate in the engagement and the basis for calculating working hours;

The total maximum actual expenses, including travel, accommodation, and other costs, together with the basis for calculating such expenses (ticket class, hotel category, number of trips, etc.);

Payment methods and payment schedule.

Note: All proposed fees and expenses must be inclusive of applicable taxes and charges under current Vietnamese law.

3. Other Documents and Papers

In addition to the technical and financial proposals mentioned above, the bidder must:

Provide a draft legal services agreement / engagement agreement on the assumption that the bidder is selected. The draft agreement must clearly cover all tasks set forth in Part B and comply with all principles set forth in Section C of these Terms of Reference and other applicable laws and regulations.

F. DEADLINE FOR SUBMISSION OF BID DOSSIER AND EVALUATION CRITERIA FOR BID DOSSIER

I. Deadline for Submission of Bid Dossier

The bid dossier (in both English and Vietnamese) must be submitted to the Intellectual Property Office of Viet Nam, Ministry of Science and Technology of Viet Nam (both hard copy and electronic copy) before 12:00 noon on 16 June 2026 Viet Nam time.

Physical address for hard copies: The Intellectual Property Office of Viet Nam, No. 386 Nguyen Trai Street, Thanh Xuan Ward, Hanoi, Viet Nam.

Email address for electronic copies: vietnamipo@ipvietnam.gov.vn

II. Evaluation Criteria for Bid Dossier

Bid dossiers shall be evaluated based on the following criteria:

1. Eligibility Evaluation with respect to the legal service provider

- A foreign legal service provider (bidder) submitting a bid dossier must satisfy the following requirements:

+ The bidder must be a joint venture or affiliation between (i) a foreign legal service provider and a Vietnamese legal service provider, or (ii) a foreign legal service provider and its branch in Viet Nam established in accordance with Vietnamese law (supporting documents must be translated into Vietnamese and signed and sealed by the relevant parties);

+ The legal service provider must meet the general criteria set forth in point 1.1 of Section D above;

+ Submit a written commitment demonstrating goodwill toward the Socialist Republic of Viet Nam;

+ Submit a written waiver of any rights to file complaints and/or take legal action against the Government of Viet Nam or any other State authority, in accordance with the laws of any country, any international legal instrument, or any contract/agreement, on the grounds of not being selected by the procuring entity. The bidder agrees that the Government shall not be bound or held liable for any payment to the bidder in connection with the preparation for and participation in this bidding process until the legal services agreement / engagement agreement is duly signed and enters into effect in accordance with Vietnamese law.

- A Vietnamese legal service provider (affiliated with or a branch of a foreign legal service provider) must meet the general criteria set forth in point 1.2 of Section D above, and must also submit the written waiver of rights to file complaints and/or take legal action as described above.

2. Eligibility Evaluation with respect to the participating lawyers

Lawyers must satisfy the conditions set forth in point 2 of Section D above.

3. Any bidder evaluated as failing to meet the eligibility requirements (i.e., fails to meet any of the above requirements) shall be disqualified from any further evaluation stages. Only bid dossiers that pass the eligibility evaluation shall proceed to the subsequent evaluation stage. In the event that multiple bidders equally satisfy the technical criteria, the bidder offering the more financially competitive price shall be selected./.