USTR Opens Section 301 IP Probe of Vietnam After Rare “Priority

U.S. Trade Representative Jamieson Greer on May 29 initiated a Section 301 investigation into Vietnam’s intellectual-property protection and enforcement, escalating pressure on Hanoi weeks after USTR branded Vietnam a Priority Foreign Country in its 2026 Special 301 Report. 

The probe converts USTR’s annual Special 301 findings into a trade-enforcement case that can support tariffs or other remedies if USTR concludes Vietnam’s IP practices are “unreasonable or discriminatory” and burden U.S. commerce—an outcome Greer framed as a test of whether Vietnam can deliver sustained, deterrent enforcement rather than periodic crackdowns.

Greer said that while Vietnam “has recently taken some steps,” infringement “continues to impair the competitive position of U.S. innovators and creators,” adding: “We need to see Vietnam resolve these long-standing concerns…in a manner that is sustained and that deters future IP infringements.” 

USTR’s April 30 Special 301 report made Vietnam the first Priority Foreign Country in 13 years and cited five grounds: insufficient enforcement against online piracy and counterfeiting; weak border enforcement; lack of enforcement against unlicensed software use; and lack of criminal measures for cable and satellite signal theft.    

The Federal Register notice initiating the probe (Docket USTR-2026-0364) proposes a finding that Vietnam’s acts, policies, and practices are actionable under Section 301 and opens a public comment docket through July 2, 2026 (11:59 p.m. EDT) via USTR’s comments portal. 

The investigation lands amid conflicting signals from Vietnam’s May enforcement push. Vietnam launched a nationwide campaign beginning May 7 aimed at boosting detection and enforcement against IP infringements, Reuters reported.   But a Reuters field report this week described “business as usual” conditions at Hanoi’s Ninh Hiep wholesale market, with counterfeit goods still readily available and piracy sites USTR has flagged remaining accessible. 

Under the Section 301 process, USTR said it will examine the challenged IP practices and their impact on U.S. commerce, then decide—“in consultation with President Trump”—what responsive action, if any, to take.