U.S. launches third Section 301 probe on Vietnam

The Office of the U.S. Trade Representative (USTR) announced on May 29, 2026 that it has opened a Section 301 investigation into Vietnam’s acts and policies related to intellectual-property protection and enforcement. The inquiry will assess how Vietnam’s approach to intellectual property affects U.S. commerce, according to the USTR statement.

U.S. Trade Representative Jamieson Greer said the investigation is aimed at determining whether Vietnam’s practices constitute unfair trade that harms U.S. interests. The announcement places intellectual-property issues alongside other areas of concern already under review in Washington’s trade relations with Hanoi.

The new investigation centers on whether Vietnam’s protection and enforcement of intellectual-property rights are adequate and effective in practice. The USTR said the probe will look at the impact of these policies on U.S. companies and broader U.S. commerce.

Under Section 301 of U.S. trade law, findings from such an investigation can provide the legal basis for the U.S. president to impose tariffs on imports from countries found to engage in unfair trade practices. The current inquiry therefore carries potential implications for Vietnamese exports to the United States, depending on its outcome.

Greer stated that if the investigation concludes that responsive action is warranted, he plans to consult President Donald Trump. He indicated that this consultation and decision process could take months, and that any next steps would follow the completion of the Section 301 review.

The USTR framed the investigation as part of a structured process, with a months-long timeline for gathering information, assessing the impact on U.S. commerce and determining whether any trade measures should be recommended to the president.

The May 29 action marks the third Section 301 investigation involving Vietnam. It joins two existing U.S. probes that reports said are focused on alleged excess manufacturing capacity and forced labour. Those earlier investigations were reported to be expected to conclude in July 2026.

Taken together, the trio of Section 301 cases underscores sustained U.S. scrutiny of Vietnam’s trade- and production-related policies. The addition of intellectual-property issues broadens the scope of the U.S. review, linking concerns over manufacturing practices and labour conditions with questions about the protection of intangible assets.

The USTR presented the latest inquiry as part of ongoing monitoring of Vietnam’s trade practices. While each Section 301 case has a distinct focus, all three share the same potential outcome under U.S. law: recommendations that could support presidential action, including tariffs, if unfair trade practices are formally identified.

The investigations are proceeding on separate but overlapping timelines, with two reviews reported to be approaching their expected July 2026 conclusions as the new intellectual-property probe gets underway. The USTR indicated that further steps will depend on the findings and subsequent consultations at the executive level.