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Custom Recordal of IPRs in Vietnam

Vietnam

Custom Recordal of IPRs
Yes
No
Yes
The following laws provide the legal basis for customs recordal:
1. The Intellectual Property Law No. 50/2005/QH11, dated 29th November 2005, as amended in 2009 (the "IP Law").
2. The Customs Law No. 29/2001/QH10 dated 29th June 2001, as amended and supplemented in 2005.
3. The Decree No. 105/2006/ND-CP guiding the implementation of a number of provisions of the IP Law dated 22nd September 2006, which was amended and supplemented by Decree No. 119/2010/ND-CP dated 30th December 2010.
4. The Decree No. 154/2005/ND-CP dated 15th December 2005 guiding the implementation of a number of provisions of the Customs Law.
5. Joint Circular No. 129/2004/TTLT-BTC-BKHCN guiding the application of border control measures for industrial property for export goods and import goods dated 29th December 2004.
6. The Decision No. 916/QD-TCHQ dated 31st March 2008 promulgating regulations on receiving requests for controlling import-export goods in relation to intellectual property.
7. The Circular 44/2011/TT-BTC dated 1st April 2011 guiding counterfeit suppression and IPR enforcement in the field of customs.
Custom Recordal of IPRs is effective both on the import and export of goods.
The role of the customs authority is defined below:
(1) It monitors/supervises/detects the goods suspected of infringing IPRs; and
(2) It suspends the customs clearance of goods suspected of infringing IPRs.
The request for recordal at the Customs Office has to be made. No later than 20 days from the receipt of the request, the Customs Office shall notify the applicant whether it has accepted or rejected the application.
The following documents must accompany the request for recordal:
  • Documents attesting to the rights of the applicant/requester (certified copies of Certificate of Registration or other adequate documents);
  • Documents relevant to the goods for recordal, including: list of authorized importers/exporters; mode of importation/exportation of genuine goods; description of how to distinguish the genuine goods from infringing ones; documents on the origin of genuine goods; pictures of genuine goods; and
  • A notarized and legalized POA (if filed through a local IP Agent).
Supporting Documents:
  • The applicant should submit the following supporting documents (if any):
  • Information on estimated time and venue of import and export;
  • Expert opinions on infringing goods; and
  • Sanctioning decisions by enforcement agencies in similar cases of infringement upon the rights to the subject matters in question.
Yes
Not later than 20 days from the receipt of the request, the Customs Office should notify the applicant whether it has accepted or rejected the application.
It is centralized. Application is to be made at the Customs Ofice.
Yes, requests for customs recordal can be electronically filed through the Electronic Customs Data Processing System (e-Customs System) (New Article 6 of Circular 13). However, it is not yet available due to error.
There is no official fee as such.
The effective period of the recordal is 01 year from the date of the acceptance notice by the Customs Office and may be extended for a further 01 upon request. After that, the IPR holders must re-file a fresh application within 20 days of lapse of prior recordal, if they wish to pursue the monitoring.
Yes
Upon detecting suspected goods, the Customs Office will temporarily suspend the clearance of the goods and notify the IPR holder or its representative. The time limit for suspension of customs clearance is 10 working days from the day on which the applicant receives the decision on suspension of customs, which can be further extended, but must not exceed 20 working days.
The IP rights holder bears the liabilities and expenses related to suspension of the release of infringing goods.
Yes
Yes
Upon acceptance of the IPR holder's request for monitoring, the Customs Offices will begin monitoring for infringing goods. When they detect suspected goods, the Customs Office will temporarily suspend the clearance of the goods and notify the IPR holder or its representative. Within 03 working days from the date of the notice, the IPR holder or its representative should submit an application for suspension and a deposit bond or bank guarantee for an amount equal to 20% of the value of the goods that are subject to the suspension, or at least VND 20 million (USD 1,000), if the total value of the goods cannot be determined.
Yes
A deposit bond or bank guarantee for an amount equal to 20% of the value of the goods that are subject to the suspension, or at least VND 20 million (USD 1,000), if the total value of the goods cannot be determined.
In this case, the Customs authorities shall take charge and cooperate with port and depot enterprises, local administration to destroy such goods.
All IPRs can be registered with the Vietnamese customs authority; however, in practice, only trademarks, geographical indications, and copyright and related rights are picked up. This is perhaps due to the relative inexperience of customs officials with more complex forms of IP such as invention patents and industrial designs.