JOINT CIRCULAR No. 129/2004/TTLT-BTC-BKHCN GUIDING THE IMPLEMENTATION OF BORDER CONTROL MEASURES REGARDING INDUSTRIAL PROPERTY RIGHTS FOR EXPORTED AND IMPORTED GOODS

JOINT CIRCULAR

Guidelines for implementing border control measures regarding industrial property rights on exported and imported goods.

industry for exported and imported goods

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On the basis of the Customs Law dated June 29, 2001;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Based on Decree No. 77/2003/NĐ-CP dated July 1, 2003 of the Government on the tasks, powers, and organizational structure of the Ministry of Finance;

Based on Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology, and Decree No. 28/2004/NĐ-CP dated January 16, 2004 of the Government amending and supplementing certain articles of Decree No. 54/2003/NĐ-CP;

Based on Article 14 of Decree No. 101/2001/NĐ-CP dated December 31, 2001 of the Government detailing the implementation of certain provisions of the Customs Law on customs procedures and customs inspection and supervision systems;

- Based on Clause 6 of Article 64 of Decree No. 63/CP dated October 24, 1996 detailing industrial property rights, amended and supplemented by Decree No. 06/2001/NĐ-CP dated February 1, 2001 of the Government;

The Ministry of Finance and the Ministry of Science and Technology jointly issue guidelines for implementing border control measures regarding industrial property rights on exported and imported goods as follows:

Section 1

GENERAL PROVISIONS

1. Definitions

The terms used in this Circular are understood as follows:

1.1. "Industrial property object" refers to inventions, utility models, industrial designs, semiconductor integrated circuit layout designs, trademarks, geographical indications, and other industrial property objects protected under Vietnamese law;

1.2. "Protective certificate" refers to Certificates of Invention Patent, Utility Model Patent, Industrial Design Certificate (Industrial Design Certificate issued under the 1989 Industrial Property Protection Ordinance), Semiconductor Integrated Circuit Layout Design Registration Certificate, Trademark Registration Certificate, and Geographical Indication Right Usage Certificate;

1.3. "Proof of industrial property right" refers to Decisions recognizing famous trademarks, Decisions accepting trademark registration according to the Madrid Agreement, and other documents confirming rights over industrial property objects as prescribed by industrial property law;

1.4. "Industrial property owner" refers to "Certificate Owner," Industrial Property Right Owner according to Proof of Industrial Property Right, and "Legal Transferee of Industrial Property Rights";

1.5. "Border control measures regarding industrial property rights" collectively refer to surveillance and detection of counterfeit trademark goods, temporary suspension of customs procedures for goods suspected of infringing industrial property rights, examination and determination of the legal status of industrial property rights for suspended goods, handling of goods temporarily suspended from customs procedures that infringe industrial property rights, and related parties as stipulated in this Circular;

1.6. "Goods infringing industrial property rights" means exported or imported goods containing elements violating industrial property law regulations;

1.7. "Counterfeit trademark goods" are exported or imported goods, including packaging, labels, stickers bearing trademarks identical or indistinguishable from registered trademarks for similar goods without permission from the trademark owner. Counterfeit trademark goods are a special case of goods infringing trademark industrial property rights;

1.8. "Applicant" refers to the person submitting a request for surveillance and detection of counterfeit trademark goods or a request for temporary suspension of customs procedures for exported or imported goods suspected of infringing industrial property rights;

1.9. "Application" collectively refers to requests for surveillance and detection of counterfeit trademark goods or requests for temporary suspension of customs procedures for exported or imported goods suspected of infringing industrial property rights;

1.10 "Shipper" collectively refers to the importer, exporter, or owner of the consignment;

1.11 "Industrial property representation service organization" refers to organizations meeting the conditions for operating industrial property representation services as stipulated by industrial property law;

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to all exported and imported goods, except for cases specified in Point 2.2 below;

2.2 This Circular does not apply to exported and imported goods not intended for business purposes, including:

a) Humanitarian aid goods;

b) Transit goods;

c) Temporarily imported-reexported goods, temporarily exported-reimported goods serving the work and living activities of Vietnamese and foreign organizations and individuals according to diplomatic exemption standards;

d) Gifts, presents, movable assets within tax-exempt limits; personal luggage within the limit set by the Government.

Section 2:

REQUIREMENTS FOR APPLYING BORDER CONTROL MEASURES REGARDING INDUSTRIAL PROPERTY RIGHTS

3. Right to submit applications for applying border control measures regarding industrial property rights

3.1. The industrial property owner has the right to submit an application to the Customs Authority to apply border control measures regarding industrial property rights;

3.2. In the case where the industrial property owner is the Licensee, the right stipulated in Point 3.1 above only arises if the Licensor has not submitted an application within three months from the date the Licensee requested it, and the third party's import or export of goods will cause damage to the Licensee;

3.3. The right to submit an application is evidenced by the following documents:

a) A copy of the Protective Certificate or other documents proving the industrial property right being protected in Vietnam;

b) A copy of the Registration Certificate of the license contract related to the industrial property object, still within its validity period, and other documents proving that the applicant is the Licensee and the Licensor has not submitted the application as stipulated in Point 3.2 above;.2 3. For discounting transferable instruments and other securities:

3.4. The person with the right to submit an application for applying border control measures regarding industrial property rights shall submit the application in accordance with the following provisions:

a. Individuals, legal entities, and other subjects of Vietnam, and foreign individuals permanently residing in Vietnam may directly or authorize Industrial Property Representation Service Organizations to submit applications.

b. Foreign legal entities with representative offices in Vietnam, or foreign individuals or legal entities with production and business establishments in Vietnam may authorize their representative offices, production and business establishments in Vietnam, or Industrial Property Representation Service Organizations to submit applications.

Foreign individuals not permanently residing in Vietnam and without production and business establishments in Vietnam, or foreign legal entities without legitimate representatives and without production and business establishments in Vietnam, can only authorize Industrial Property Representation Service Organizations to submit applications.

4. Conditions for requesting the application of border control measures regarding industrial property rights.

4.1. Requests for monitoring and detecting counterfeit goods bearing trademarks shall be carried out when the owner of the trademark has detailed information about suspected counterfeit goods but lacks specific details about the export or import consignment, including:

a) Detailed description of the counterfeit goods, images of genuine and counterfeit goods, distinguishing features between genuine and counterfeit goods;

b) List of legitimate exporters and importers; list of suspected exporters and importers of counterfeit goods; sources of goods;

c) Methods of export and import; packaging methods; prices of genuine and counterfeit goods;

d) Countries frequently exporting and importing counterfeit goods and other relevant information related to the export and import of counterfeit goods.

4.2. Requests for temporarily suspending customs procedures shall be implemented against specific export or import consignments suspected of infringing industrial property rights when the owner of the rights has sufficient information to identify such consignments, including:

a) The suspected infringed industrial property right;

b) Name and address of the exporter and importer;

c) Predictive information about the time and place of export and import procedures;

d) Detailed description or photographs of goods infringing industrial property rights;

đ) Results of preliminary evidence examination by the competent authority on industrial property rights (if available).

4.3. Owners of industrial property rights requesting the application of border control measures must ensure payment of costs and compensation for damages arising from the temporary suspension of customs procedures if the suspended goods are determined not to infringe industrial property rights.

The conditions for fulfilling the financial obligations mentioned above are:

a) Proof of depositing a guarantee amount into the temporary account of the Customs Authority at the State Treasury, equivalent to 20% of the value of the consignment according to the contract price or a minimum of 20 million VND (in cases where the value of the suspected infringing consignment is unknown); or

b. Guarantee document issued by a credit institution or another organization permitted to conduct certain banking activities to ensure the commitment to pay all costs and damages arising for the consignment owner due to the temporary suspension of customs procedures if the suspended goods are determined not to infringe industrial property rights.

5. Time limit and scope for requesting the application of border control measures regarding industrial property rights.

5.1. The owner of industrial property rights has the right to request the Customs Authority to apply border control measures regarding industrial property rights within one year for counterfeit goods and three months for goods suspected of infringing industrial property rights from the date of submission of the application. The aforementioned period may be extended by one additional year for counterfeit goods and two additional months for goods suspected of infringing industrial property rights, but not exceeding the protection period of the relevant industrial property right and the applicant is responsible for paying extension fees as prescribed.

5.2. The owner of industrial property rights has the right to request the Customs Authority to apply border control measures within the scope of designated ports under the jurisdiction of one or more Customs Sub-Departments, Provincial or City Customs Departments.

6. Application for requesting the application of border control measures regarding industrial property rights.

6.1. The application for monitoring and detecting counterfeit goods includes the following documents:

a) Application form (according to Appendix 1 of this Circular);

b) Documents proving the right to submit the application as stipulated in Point 3 of this Circular;

c) Power of attorney for submitting the application (in case the application is submitted through an Industrial Property Representation Service Organization or another authorized person as stipulated in Point 3.4 of this Circular).

d) Information or opinions from the competent authority on industrial property rights regarding preliminary evidence (if available) allowing the Customs Authority to identify counterfeit goods as stipulated in Point 4.1 of this Circular.

6.2. The application for temporarily suspending customs procedures for goods suspected of infringing industrial property rights includes the following documents:

a) Application for temporarily suspending customs procedures (according to Appendix 2 of this Circular);

b) Power of attorney for submitting the application (in case the application is submitted through an Industrial Property Representation Service Organization or another authorized person as stipulated in Point 3.4 of this Circular);

c) Documents proving the right to submit the application as stipulated in Point 3 of this Circular;

d) Preliminary evidence regarding goods suspected of infringing industrial property rights as stipulated in Point 4.2 of this Circular.

đ) Proof of financial obligation fulfillment as stipulated in Point 4.3 of this Circular (if available).

6.3. In cases where information about counterfeit goods has already been recorded at the Customs Authority, the applicant does not need to submit the documents specified in Points b) and c) of Section 6.2 provided that they indicate the reference number of the accepted application for monitoring and detecting counterfeit goods.

7. Competence to accept applications for requesting the application of border control measures regarding industrial property rights.

7.1. The Customs Branch has jurisdiction to accept applications if the scope of the request for the application of control measures is within the ports under its management.

7.2. The Provincial/City Customs Department has jurisdiction to accept applications if the scope of the request for the application of control measures is within the ports under the management of that Provincial/City Customs Department.

7.3. The General Department of Customs has jurisdiction to accept applications if the scope of the request for the application of control measures is within the ports under the management of two or more Provincial/City Customs Departments.

8. Handling Applications

8.1. Within thirty days from the date of receipt of the Application requesting supervision and detection of counterfeit goods or twenty-four working hours from the time of receipt of the Application requesting suspension of customs procedures, the Customs Authority shall be responsible for examining the Application according to the following provisions:

a) The head of the Customs Authority receiving the Application shall issue a notice accepting the Application and record the information contained in the Application if the Application does not fall under the cases specified in paragraphs b) and c) of this point.

b) The head of the Customs Authority receiving the Application shall notify the deficiencies of the Application to the Applicant and require the Applicant to correct such deficiencies within thirty days for Applications requesting detection of counterfeit goods and three days for Applications requesting suspension of customs procedures, counted from the date of notification, if the Application falls under the following cases:

(i) The Application lacks the required documents as stipulated in Article 6 of this Circular;

(ii) The Application is not made in the prescribed form or does not contain sufficient information as required;

(iii) The Application was not submitted in accordance with Article 3.4 of this Circular;

(iv) The Application does not contain sufficient detailed information for the Customs Authority to detect counterfeit goods or goods suspected of infringing industrial property rights as stipulated in Articles 4.1 or 4.2 of this Circular.

c) The head of the Customs Authority receiving the Application shall issue a notice refusing to accept the Application in the following cases:

(i) The authority receiving the Application does not have the jurisdiction to accept the Application as provided for in Article 7 of this Circular; or

(ii) There is evidence to confirm that the Applicant does not have the right to submit the Application as provided for in Articles 3.1 and 3.2 of this Circular; or

(iii) The Application contains deficiencies and although requested to correct them, the Applicant still fails to correct or corrects inadequately.

8.2. At the request of the Industrial Property Rights Holders, the Customs Authority which has accepted the Application shall be responsible for recording any additional changes related to the recorded information, subject to the condition that the applicant must pay the prescribed fee.

Section 3:

APPLICATION OF BORDER CONTROL MEASURES FOR INDUSTRIAL PROPERTY RIGHTS

9. Basis, Time Limit, and Objectives for Applying Border Control Measures for Industrial Property Rights

The Customs Authority applies the measures prescribed in this Section based on:

9.1. An Application requesting supervision and detection of counterfeit goods recorded in accordance with Article 8 of this Circular, within one year from the date of submission;

9.2. An Application requesting suspension of customs procedures for specific export shipments or import shipments with characteristics described in the Application, within three months from the date of submission.

10. Responsibilities for Implementing Border Control Measures for Industrial Property Rights

10.1. The General Department of Customs and the Provincial/City Customs Department which has accepted the Application shall provide the Customs Branches within the scope of the application of control measures as stated in the Application with recorded information about counterfeit goods and goods suspected of infringing industrial property rights and direct the organization of the implementation of the measures prescribed in this Chapter.

10.2. The Customs Branch which has accepted the Application or received information about the Application from higher authorities shall organize the inspection and detection of counterfeit goods and goods suspected of infringing industrial property rights based on the provided information and apply border control measures for industrial property rights according to the procedures prescribed in this Chapter.

11. Inspection, Detection, and Suspension of Customs Procedures for Counterfeit Goods and Suspected Infringing Goods

11.1. Based on the recorded information in the Application requesting the application of border control measures for industrial property rights which has been accepted, the Customs Branch shall be responsible for implementing inspections and detections of goods suspected of being counterfeit or infringing industrial property rights.

11.2. When detecting a shipment suspected of being counterfeit or infringing industrial property rights, the Director of the Customs Branch may temporarily suspend customs procedures and immediately notify the Applicant in writing to submit a Guarantee Document to fulfill financial obligations as stipulated in Article 4.3 of this Circular (if not already submitted) within three working days from the date of the Notice.

a) If the Applicant fails to meet the above requirement, the Customs Branch shall continue to process customs procedures for that shipment.

b) If the Applicant meets the above requirement, the Director of the Customs Branch shall issue a Decision suspending customs procedures for that shipment and immediately send this Decision to the relevant parties.

The Decision suspending customs procedures must clearly state the shipment suspended from customs procedures; the name, address, fax number, and contact phone number of the Shipper and the Applicant; the Industrial Property Rights Holder; the reason for suspending customs procedures; and the duration of the suspension.

12. Duration of Suspension of Customs Procedures

12.1. The duration of suspension of customs procedures is ten days from the date of issuance of the Decision.

The Director of the Customs Branch may issue a Decision extending the duration of suspension of customs procedures by an additional period of up to ten days if, during the suspension period, the Applicant requests an extension and submits additional security deposit as stipulated in Article 4.3.a) of this Circular. In the case where the declaration has been registered for acceptance and subsequently suspended for customs procedures pending verification of the legal status regarding industrial property rights, the deadline for payment of taxes (if applicable) shall be calculated from the date of the decision to resume customs procedures for the shipment.

12.2. The time for the Customs Authority to determine the legal status regarding industrial property rights for goods subject to suspension of customs procedures under Point 14.5 of this Circular shall not be counted towards the deadline specified in Point 12.1 above.

13. Inspection and collection of evidence on infringing goods

13.1. Within the period of suspension of customs procedures, upon request of the Applicant or the Owner of the consignment, the Customs Authority shall organize for the parties to inspect the consignment subject to suspension of customs procedures to collect evidence and information about such consignment.

13.2. Evidence regarding goods subject to suspension of customs procedures may be collected in the form of detailed descriptions of distinctive features of the goods, photographing the goods, sampling the goods or packaging in cases where necessary and appropriate. Evidence to be submitted to the competent authority for examination and dispute resolution (as required by the parties) must be sealed by the Customs Sub-Department.

14. Determination of the legal status regarding industrial property rights of goods subject to suspension of customs procedures

14.1. Determining the legal status regarding industrial property rights for goods subject to suspension of customs procedures means examining and concluding whether such goods are infringing goods, including determining whether such goods:

a) Contain elements of infringement; and

b) Are goods put on the market in Vietnam or abroad by the Industrial Property Right Owner, the authorized person of the Industrial Property Right Owner, or the prior user.

14.2. The Customs Authority shall proceed with the procedure to determine the legal status regarding industrial property rights for goods subject to suspension of customs procedures if:

a) Within the period of suspension of customs procedures, the Applicant submits to the Customs Sub-Department a Request for Handling Infringement of Industrial Property Rights accompanied by evidence, arguments, and documents or a Conclusion Document on Industrial Property Rights from the industrial property management agency affirming that the goods subject to suspension of customs procedures are infringing goods;

b) Within thirty days from the date of Decision to continue customs procedures for the consignment according to Point 15.1.e) of this Circular, the Applicant submits to the Customs Sub-Department a Request for Handling Infringement of Industrial Property Rights accompanied by evidence, arguments, and documents or a Conclusion Document on Industrial Property Rights from the industrial property management agency affirming that the goods subject to suspension of customs procedures are infringing goods;

14.3. The determination of the elements of infringement of goods must comply with the provisions of the law on industrial property.

The basis for determining the elements of infringement is the evidence, arguments, and documents provided by the Applicant and the Owner of the consignment.

The basis for determining whether the goods subject to suspension of customs procedures were put on the market by the Industrial Property Right Owner, the authorized person of the Industrial Property Right Owner, or the prior user is the evidence, arguments, and documents proving such fact provided by the Owner of the consignment.

14.4. The Customs Sub-Department has the right to request the Applicant to send a Request for Expert Opinion at the State Management Agency on Industrial Property for comments and conclusions if it cannot determine the legal status regarding industrial property rights of the goods subject to suspension of customs procedures based on the provided evidence, arguments, and documents.

Evidence, arguments, and documents used by the Customs Sub-Department to conclude the legal status of goods subject to suspension of customs procedures provided by any party shall be notified to the other party and given an opportunity to comment.

14.5. The deadline for determining the legal status regarding industrial property rights for goods subject to suspension of customs procedures is ten days from the date of submission of the Request for Handling Infringement of Industrial Property Rights as stipulated in Point 14.2 above. Time allocated for the parties to supplement evidence, arguments, and documents or time for requesting an expert opinion at the National Office of Intellectual Property or local science and technology department at the request of the Customs Sub-Department shall not be counted within the aforementioned deadline.

15. Continuing customs procedures for goods subject to suspension of customs procedures and handling related parties

15.1. The Director of the Customs Sub-Department issues a Decision to continue customs procedures for the consignment subject to suspension of customs procedures in the following cases:

a. Upon expiration of the period of suspension of customs procedures set forth in the Decision to suspend customs procedures, the Customs Sub-Department does not receive any of the following documents:

(i) A Request for Handling Infringement of Industrial Property Rights from the Applicant accompanied by evidence, arguments, and documents or a Conclusion Document on Industrial Property Rights from the industrial property management agency to have a basis for determining the legal status regarding industrial property rights of the consignment subject to suspension of customs procedures; or

(ii) A document from the competent state management agency or Court confirming receipt of the request for resolution of disputes regarding infringement of industrial property rights related to the consignment subject to suspension of customs procedures.

b. The result of determining the legal status regarding industrial property rights confirms that the consignment subject to suspension of customs procedures is not infringing goods;

c. The Customs Sub-Department receives a Decision from the competent authorities resolving disputes regarding industrial property rights, which affirms that the consignment subject to suspension of customs procedures is not infringing goods;

d. The Decision to suspend customs procedures is suspended or revoked pursuant to a decision on complaint resolution;

đ) The Applicant withdraws the request for suspension of customs procedures.

e) Goods subject to temporary suspension of customs procedures are goods suspected of infringing industrial property rights on inventions, utility models, industrial designs, layout-designs of integrated circuits, or trade secrets, and the consignor requests to continue customs procedures (provided that samples of the goods must be retained for subsequent processing), while depositing a guarantee amount equal to 20% of the value of the consignment as recorded in the contract into the Customs Authority's temporary account at the State Treasury.

15.2. The Customs Authority is exempt from liability for temporarily suspending upon the request of the applicant and shall apply the following measures to deal with the parties involved:

a) For cases specified in Points 15.1.a) to 15.1.e) of this Circular, the Customs Authority shall perform the following tasks:

(i) Issue a Decision compelling the applicant to pay all costs incurred by the consignor due to the improper suspension of customs procedures. Incurred costs include storage fees, loading and unloading fees, and preservation costs of the goods. Damages arising from the suspension of customs procedures shall be agreed upon by both parties or determined through civil litigation proceedings.

(ii) Refund the guarantee amount deposited into the Customs Authority's temporary account or the Guarantee Certificate issued by a financial institution to the applicant after the applicant has fulfilled their obligation to pay the costs and damages as decided by the Customs Authority or the competent authority resolving disputes and complaints related to industrial property rights concerning the consignment (if applicable).

(iii) Prepare an administrative violation record and propose the competent authority to issue a decision penalizing the applicant for the act of exercising industrial property rights with the aim of unfair competition according to the guiding documents on handling administrative violations in the field of industrial property.

b) For the case specified in Point 15.1.e) of this Circular, the Customs Authority shall apply the following measures:

(i) Refund the guarantee amount deposited into the Customs Authority's temporary account to the consignor if:

- Within thirty working days from the date of issuing the Decision to continue customs procedures, the applicant does not submit to the Customs Authority an application requesting the handling of the infringement behavior accompanied by evidence, arguments, and documents or a conclusion report on industrial property management confirming that the suspended goods are infringing goods or does not submit a court document confirming the acceptance of the dispute resolution request regarding the infringement of industrial property rights concerning the consignment.

- The suspended goods are not infringing goods.

(ii) Issue an administrative penalty decision against the consignor according to Point 16.1 and 17.2 of Section 3 of this Circular and refund the guarantee amount, the Guarantee Certificate issued by the financial institution to the applicant in the event that it is concluded that the suspended goods are infringing goods.

16. Handling of the parties involved when it is determined that the goods subject to temporary suspension of customs procedures are infringing goods.

In the case where the Customs Sub-Department concludes that the suspended goods are infringing goods, the Director of the Customs Sub-Department shall transfer the file along with the proposed resolution opinion to the Provincial/City Customs Department for the Director of the Customs Department to issue a Decision:

16.1. Imposing an administrative penalty on the consignor with corresponding forms and levels of fines for the violations according to the guiding documents on administrative penalties in the field of industrial property.

16.2. Refunding the guarantee amounts deposited into the Customs Authority's temporary account or the Guarantee Certificate issued by a financial institution to the applicant.

17. Handling exported goods and imported goods infringing industrial property rights.

17.1. The application of measures to handle infringing goods must comply with the following principles:

a) Infringing goods shall be handled in accordance with the Law on Administrative Violation Handling dated July 2, 2002, Decree No. 134/2003/ND-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Law on Administrative Violation Handling in 2002, and guiding documents on administrative penalties in the field of industrial property.

b) Measures to handle exported and imported infringing goods must ensure timely prevention of infringement acts, prevent further potential violations, while ensuring the legitimate rights and interests of the industrial property right holders.

c) Measures to compel removal of infringing elements may only be applied to goods that can have the infringing elements removed, specifically goods containing removable parts such as labels, stickers that can be peeled off, packaging, detachable product components.

d) Compulsory re-export measures shall be applied to counterfeit goods if the counterfeit marks are removed.

đ) Seizure measures shall be applied to infringing goods if the infringing elements cannot be removed from those goods.

e) Measures to distribute seized goods to non-commercial users (humanitarian organizations, social welfare organizations, research institutions, public education organizations, etc.) shall be applied if the industrial property right holder does not object reasonably.

g) Destruction measures shall be applied to seized goods if they are no longer usable or contain infringing elements in labels, product stickers, or packaging; or if the goods do not meet the conditions for handling through the aforementioned measures.

17.2. The authority, procedures, and forms for handling goods subject to suspended customs clearance procedures due to infringement of intellectual property rights shall comply with the provisions of the Administrative Violation Handling Ordinance dated July 2, 2002, and Decree No. 134/2003/NĐ-CP dated November 14, 2003, detailing certain articles of the Administrative Violation Handling Ordinance 2002, as well as decrees and guiding documents on administrative penalties in the field of intellectual property.

Section 4:

IMPLEMENTING PROVISIONS

18. Appeals

18.1. The consignor and the applicant have the right to appeal decisions and conclusions of the Customs Authority regarding the application of border control measures concerning intellectual property rights.

18.2. The appellant and the competent authority resolving the appeal must strictly follow the appeal and dispute resolution procedures stipulated in the Law on Appeals and Complaints.

19. Responsibilities of Intellectual Property Rights Holders

19.1. Intellectual property rights holders are responsible for proactively providing information related to goods infringing intellectual property rights to the Customs Authority, and collaborating with the National Office of Intellectual Property and the General Department of Customs in training customs officials on relevant professional knowledge to enhance their ability to recognize, proactively inspect, and prevent the entry of goods infringing intellectual property rights at ports of entry.

19.2. Intellectual property rights holders may support funding for the Customs Authority to destroy goods infringing intellectual property rights if it is not possible to recover destruction costs from the consignor.

20. Responsibilities of Competent Authorities

20.1. The General Department of Customs under the Ministry of Finance is responsible for organizing and implementing border control measures concerning intellectual property rights as prescribed in this Circular.

20.2. The National Office of Intellectual Property under the Ministry of Science and Technology is responsible for providing the General Department of Customs with information about or related to intellectual property objects currently protected in Vietnam, and coordinating with the General Department of Customs to direct and organize professional training on intellectual property for customs authorities directly implementing border control measures concerning intellectual property rights.

20.3. The National Office of Intellectual Property and local intellectual property management agencies are responsible for conducting intellectual property appraisals upon request of the Customs Authority and other relevant parties according to their authority and procedures prescribed by intellectual property laws.

21. Effectiveness

This Circular shall take effect fifteen days from the date of publication in the Official Gazette. During implementation, any issues should be reported to the Ministry of Finance and the Ministry of Science and Technology for timely adjustment and supplementation.