Circular No. 13/2015/TT-BTC stipulates the inspection, supervision, suspension of customs procedures for exported and imported goods subject to intellectual property rights protection; control of counterfeit goods and goods infringing intellectual property rights.

 

CIRCULAR

Regulations on inspection, supervision, and temporary suspension of customs procedures for exported and imported goods requiring protection of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights

On the basis of Law on Customs No. 54/2014/QH-13 dated June 23, 2014;

On the basis of Intellectual Property Law No. 50/2005/QH11 dated November 29, 2005; Law Amending and Supplementing Certain Articles of the Intellectual Property Law No. 36/2009/QH12 dated June 19, 2009;

Decree No. Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and guiding implementation; the Law on Customs regarding customs procedures, inspection, supervision, and control;

Pursuant to the Government Decree Decree No. 105/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding implementation of certain provisions of the Intellectual Property Law concerning protection of intellectual property rights and state management of intellectual property rights;

Decree No. 119/2010/ND-CP dated December 30, 2010 of the Government amending and supplementing certain provisions of Decree No. Decree No. 105/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding implementation of certain provisions of the Intellectual Property Law concerning protection of intellectual property rights and state management of intellectual property rights;

Government Decree No. Decree No. 185/2013/NĐ-CP dated November 15, 2013 of the Government providing for administrative penalties for violations in commercial activities, production, sale of counterfeit goods, prohibited goods, and consumer protection;

Decree No. Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

At the proposal of the Director General of the General Department of Customs,

The Minister of Finance issues this Circular to regulate inspection, supervision, and temporary suspension of customs procedures for exported and imported goods requiring protection of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates inspection, supervision, and temporary suspension of customs procedures for exported and imported goods requiring protection of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights.

Article 2. Applicability

1. Customs authorities, customs officers;

2. Organizations and individuals exporting or importing goods or their authorized representatives;

3. Organizations and individuals being subjects of intellectual property rights, owners of genuine goods that have been counterfeited, or legal representatives of owners;

4. Other organizations and individuals related.

Article 3. Explanation of Terms

The terms used in this Circular are understood as follows:

1. Counterfeit goods include types of goods as defined in Clause 8, Article 3 of Decree No. 185/2013/NĐ-CP dated November 15, 2013 of the Government providing for administrative penalties for violations in commercial activities, production, sale of counterfeit goods, prohibited goods, and consumer protection.

2. Protection of intellectual property rights in the field of customs is the application by customs authorities of measures such as inspection, supervision, control, and temporary suspension of customs procedures for exported and imported goods requiring protection of intellectual property rights as stipulated in Article 216 of the Intellectual Property Law and Articles 73, 74, 75, 76 of the Customs Law and related regulatory legal documents to detect, combat, and handle acts infringing intellectual property rights in the field of customs.

3. Temporary suspension of customs procedures for goods suspected of infringing intellectual property rights is a measure carried out at the request of the subject of intellectual property rights to collect information and evidence about the consignment so that the subject of intellectual property rights can exercise their right to request handling of the infringing act and request the application of urgent interim measures or preventive measures and guarantees for administrative penalties.

4. Customs inspection of counterfeit goods and goods infringing intellectual property rights involves checking customs documents, relevant certificates, and inspecting actual goods and transport vehicles conducted by customs authorities to identify goods suspected of being counterfeit or infringing intellectual property rights.

5. Customs supervision of counterfeit goods and goods infringing intellectual property rights is a business practice applied by customs authorities to ensure the integrity of goods, compliance with legal regulations in the storage, retention, loading/unloading, transportation, and use of exported and imported goods requiring protection of intellectual property rights under customs management.

6. Customs control of counterfeit goods and goods infringing intellectual property rights includes patrol, investigation, or other business practices applied by customs authorities to prevent and combat smuggling and illegal transportation of counterfeit goods and goods infringing intellectual property rights across borders or into/out of duty-free zones.

7. The request form includes: Request Form for Inspection and Supervision of Exported and Imported Goods Requiring Protection of Intellectual Property Rights and Request Form for Temporary Suspension of Customs Procedures (the forms are attached to this Circular).

8. The person submitting the request form is the subject owning the intellectual property right (including the subject of intellectual property rights and organizations or individuals to whom the owner has transferred the intellectual property right) or a person legally authorized by the subject of intellectual property rights.

9. Infringement of intellectual property rights refers to acts specified in Articles 28, 35, 126, 127, 129, and 188 of the Intellectual Property Law.

Article 4. Rights and Obligations of Organizations and Individuals Related

1. To have commercial information provided to the customs authority kept confidential by the customs authority, except where such information must be provided to competent authorities as prescribed by law.

2. The intellectual property rights owner, the owner of goods counterfeited with intellectual property rights, or their authorized representative may participate together with the customs authority in activities related to inspection, supervision, control, verification, evidence collection for identifying goods infringing intellectual property rights, counterfeit goods, and the process of handling infringing goods and evidence, except when necessary to protect trade secrets or state secrets as prescribed by law.

3. To lodge complaints and lawsuits against decisions on handling counterfeit goods, goods infringing intellectual property rights, and the application of measures to control export and import goods related to intellectual property rights by the customs authority according to laws on complaints and administrative litigation procedures.

4. To promptly provide relevant information and documents concerning suspected exported or imported goods infringing intellectual property rights or counterfeit goods upon request from the customs authority or when there is relevant information.

5. Organizations and individuals infringing intellectual property rights shall carry out destruction of and bear all costs related to the destruction of exported or imported goods infringing intellectual property rights or counterfeit goods according to laws on administrative violations.

Article 5. Powers and Responsibilities of Customs Authorities

1. To implement measures for inspection, supervision, and control of customs, temporarily suspending customs procedures according to customs laws, trade laws, and intellectual property laws for goods suspected of being counterfeit or infringing intellectual property rights.

2. To explain and guide organizations and individuals to comply with provisions of the Customs Law, Intellectual Property Law, and this Circular. To notify in writing organizations and individuals concerned about the results of case resolution and handling.

3. To coordinate with state management agencies and functional forces combating counterfeit goods and protecting intellectual property rights in anti-counterfeiting work and handling of goods infringing intellectual property rights according to current laws.

4. To require individuals and organizations to submit and present relevant documents for explanation and clarification of doubts raised by the customs authority regarding exported or imported goods infringing intellectual property rights or counterfeit goods.

5. To resolve complaints and lawsuits of organizations and individuals concerning the handling of counterfeit goods, goods infringing intellectual property rights, and the application of measures to control export and import goods related to intellectual property rights by the customs authority according to laws.

6. To implement reporting systems and retain relevant documents and files related to anti-counterfeiting work and protection of intellectual property rights according to current regulations.

Chapter II
ACCEPTANCE AND HANDLING OF APPLICATIONS FOR INSPECTION AND SUPERVISION OF EXPORTED AND IMPORTED GOODS REQUIRING INTELLECTUAL PROPERTY PROTECTION

Article 6. Provisions on Submission of Applications for Inspection and Supervision of Exported and Imported Goods Requiring Intellectual Property Protection

The intellectual property rights holder or their authorized representative submits a set of documents to the General Department of Customs (Customs Supervision Management Department) including:

1. An application for inspection and supervision of exported and imported goods requiring intellectual property protection according to Form No. 01-SHTT issued along with this Circular: 01 original copy;

2. Industrial property protection certificates or other documents proving industrial property rights protected in Vietnam or a Certificate of Registration of Contract for Transfer of Use of Industrial Property Object; Copyright Registration Certificate, Related Rights Registration Certificate, Plant Variety Rights Registration Certificate, or other documents proving copyright, related rights, or plant variety rights: 01 certified copy signed and stamped by the intellectual property rights holder or their authorized representative;

3. Detailed description of goods infringing intellectual property rights, photographs, distinguishing features between genuine and infringing goods: 01 original copy;

4. List of legitimate exporters and importers of goods requiring supervision; list of potential exporters and importers of goods infringing intellectual property rights: 01 original copy.

Article 7. Acceptance, examination, and handling of applications

1. After receiving the complete application dossier in accordance with Clause 1, Article 6 of this Circular, the customs authority shall examine the dossier on the following contents:

a) The legal status of the applicant in accordance with the law;

b) Verify the consistency between the content of the application and the accompanying documents; Verify the validity period of intellectual property protection certificates;

c) Samples, specimens (or photographs) consistent with the content of the intellectual property rights to be protected or the content of the complaint about the violation;

d) The content of the power of attorney consistent with the functions of the customs authority and the applicant (in cases of authorized submission of the application);

2. Cases of refusal to accept applications:

a) Applications sent to the wrong competent authority;

b) The customs authority has grounds to determine that the applicant does not have the legal qualifications to submit the application in accordance with the law;

c) The applicant does not provide all required documents as stipulated in Clause 2, Article 74 of the Customs Law;

d) During the processing of the application, the customs authority receives a notification from the State management agency for intellectual property regarding disputes, complaints about the subject of rights, the possibility of protection, and the scope of intellectual property rights protection;

3. In cases where the application is accepted, it shall be handled as follows:

a) After accepting the request for customs inspection and supervision of exported and imported goods requiring protection of intellectual property rights, the General Department of Customs (Customs Supervision Management Department) updates the database on intellectual property rights protection and notifies the acceptance of the application to provincial and municipal Customs Bureaus; Anti-Smuggling Investigation Department to implement inspection and supervision;

b) Provincial and municipal Customs Bureaus, Anti-Smuggling Investigation Department receive notifications from the General Department of Customs (Customs Supervision Management Department) and search the database system to organize and implement within their jurisdiction;

c) Customs Sub-departments base on information from the database and notifications from the General Department of Customs (Customs Supervision Management Department) to implement customs inspection and supervision measures against exported and imported goods suspected of infringing intellectual property rights as provided for in Article 14 of this Circular;

4. Within twenty days from the date of receiving the complete application dossier as stipulated in Clause 1, Article 6 of this Circular, the General Department of Customs (Customs Supervision Management Department) shall examine and notify the applicant in writing about the acceptance or non-acceptance of the application;

Article 8. Termination of Effectiveness of Application

The General Department of Customs (Customs Supervision Management Department) is responsible for notifying the termination of the effectiveness of the application for inspection and supervision of exported and imported goods requiring protection of intellectual property rights in the following cases:

1. The applicant submits a written request to terminate the customs inspection and supervision of goods requiring protection;

2. At the end of the effective period of the application for inspection and supervision, the applicant does not submit a written request for extension;

3. The State management agency for intellectual property notifies the cancellation of the intellectual property protection certificate issued to the applicant requesting the application;

Chapter III
ACCEPTANCE AND HANDLING OF APPLICATIONS FOR TEMPORARY SUSPENSION OF CUSTOMS PROCEDURES AND TEMPORARY SUSPENSION PROCEDURES

Article 9. Provisions on submitting applications for temporarily suspending customs procedures

The intellectual property rights owner or the authorized person shall submit the application package for temporarily suspending customs procedures to the Customs Sub-Department where the customs procedures for the exported or imported consignment are being carried out, including:

1. A request for temporarily suspending customs procedures according to Form No. 02-SHTT issued together with this Circular: 01 original copy;

2. Industrial property protection certificates or other documents proving industrial property rights protected in Vietnam or a Certificate of Registration of Contract for Transfer of Use of Industrial Property Object; Copyright Registration Certificate, Related Rights Registration Certificate, Plant Variety Rights Registration Certificate, or other documents proving copyright, related rights, or plant variety rights: 01 certified copy signed and stamped by the intellectual property rights holder or their authorized representative;

3. Detailed description of goods infringing intellectual property rights, photographs, distinguishing features between genuine and infringing goods: 01 original copy;

4. List of legitimate exporters and importers of goods requiring supervision; list of potential exporters and importers of goods infringing intellectual property rights: 01 original copy.

5. Guarantee letter from a credit institution: 01 original copy or a guarantee amount as stipulated in Clause 3, Article 74 of the Customs Law.

Article 10. Temporarily suspending customs procedures

1. Within at most 02 working hours from the time of receiving the complete application package as prescribed in Article 9 of this Circular, if accepting the request, the Director of the Customs Sub-Department shall decide to temporarily suspend customs procedures according to Form No. 03-SHTT issued together with this Circular. The decision to suspend shall be directly delivered or sent by registered mail, and simultaneously faxed to the relevant organizations and individuals.

2. The period for temporarily suspending customs procedures is 10 working days from the date the customs authority issues the decision to temporarily suspend customs procedures. In cases where there is a need for expert appraisal or consultation of specialized opinions from state management agencies on intellectual property rights, the customs authority will continue to temporarily suspend customs procedures until receiving the appraisal results or specialized opinions.

After the applicant submits an extension request along with a guarantee amount or a guarantee document as prescribed by law, the Customs Sub-Department that decided to temporarily suspend shall implement the extension of the suspension period according to Form No. 04-SHTT issued together with this Circular and notify the applicant, the consignor, and other related parties. The extension period shall not exceed 10 working days from the date of the extension decision.

3. During the suspension period or the period of applying preventive measures as prescribed, the Customs Sub-Department deciding to suspend shall be responsible for performing the following tasks:

a) Requesting the consignor, the intellectual property rights owner to provide materials related to the goods (catalogs, appraisal conclusions, foreign documents, results of similar cases...).

b) Requesting expert appraisals at specialized customs organizations or other appraisal organizations as prescribed in Clause 1, Article 40 of Decree No. 105/2006/NĐ-CP dated September 22, 2006 of the Government detailing and guiding the implementation of certain provisions of the Intellectual Property Law and protection of intellectual property rights and state management of intellectual property rights, or seeking specialized opinions from state management agencies on intellectual property rights to determine signs of intellectual property rights infringement.

c) Proposing organizations and individuals to take samples for appraisal as prescribed in Clause 2, Article 40 of Decree No. 105/2006/NĐ-CP dated September 22, 2006 of the Government. The sample-taking procedure, sampling techniques, storage location, and storage period of the goods shall be implemented according to the Circular on customs procedures; customs inspection and supervision; export tax, import tax, and tax management for exported and imported goods issued by the Ministry of Finance.

d) Conducting supplementary appraisals or re-appraisals as prescribed in Clause 13, Article 1 of Decree No. 119/2010/NĐ-CP dated December 30, 2010 of the Government amending and supplementing certain provisions of Decree No. 105/2006/NĐ-CP dated September 22, 2010 of the Government.

đ) Cooperating and exchanging with state management agencies on intellectual property rights in the locality when disputes or complaints arise regarding the subject of rights, the ability to protect, the scope of protection of intellectual property rights, and the authority to handle violations.

e) Reporting to the Provincial/City Customs Department and the General Department of Customs for timely guidance and resolution in cases where the suspended consignment has a high value; goods suspected of infringing famous trademarks; cases involving multiple localities, state agencies, international organizations; cases involving disputes or complaints related to the subject of intellectual property rights, the ability to protect, the scope of protection of intellectual property rights, and the authority to handle violations.

4. Upon completion of the suspension period for customs procedures or the period of applying preventive measures as prescribed, the Customs Sub-Department that decided to suspend shall be responsible for performing one or more of the following tasks simultaneously:

a) Initiating administrative proceedings when it is confirmed that the suspended goods infringe intellectual property rights based on the intellectual property appraisal conclusion of the appraisal organization (in case of requesting an appraisal); specialized opinions of state management agencies on intellectual property rights, other state management agencies (in case of requesting specialized opinions); materials and evidence provided by the intellectual property rights owner.

Deciding to seize goods in cases where there is a basis to confirm that the suspended goods are counterfeit goods infringing intellectual property rights; goods infringing intellectual property rights are foodstuffs, pharmaceuticals, cosmetics, feed, fertilizers, veterinary drugs, plant protection products, construction materials.

Implementing administrative penalties for acts of infringing intellectual property rights and goods infringing intellectual property rights as prescribed by law. Within 10 working days from the date the penalty decision becomes effective, the Customs Sub-Department shall notify in writing the violator to pay all costs incurred due to the administrative violation and refund the guarantor who requested the temporary suspension of customs procedures the guarantee amount already paid.

b) If, upon inspection, it is determined that the suspended goods do not infringe intellectual property rights, then proceed with customs procedures for the consignment according to Article 11 of this Circular.

c) Acting according to the court's opinion in cases where the applicant initiates civil litigation.

d) Transferring the case to other enforcement agencies of intellectual property rights for handling in cases where the violation is determined not to fall within the jurisdiction of the customs authority.

đ) Suspending further processing after receiving a notification from the state management agency on intellectual property rights regarding disputes or complaints about the subject of rights, the ability to protect, the scope of protection of intellectual property rights.

e) Transfer to the competent authority to conduct investigation and initiate prosecution in accordance with the provisions of the law in cases where the violation is suspected to constitute a criminal offense as stipulated in the Criminal Code.

5. Cases for refusing to accept the application:

The Director of the Customs Branch shall notify the applicant in writing of the refusal to accept the application in the following cases:

a) The Customs Branch does not process customs procedures for the export or import consignment proposed to temporarily suspend customs formalities.

b) The customs authority has grounds to determine that the applicant does not have the legal qualifications to submit the application in accordance with the law;

c) The applicant fails to provide all required documents as specified in Article 9 of this Circular.

Article 11. Continuing Customs Formalities

1. The Customs Branch that decided to temporarily suspend customs procedures shall be responsible for deciding to continue processing customs formalities for the consignment in accordance with Clause 4 of Article 76 of the Customs Law and notify the relevant parties (using Form No. 05-SHTT issued together with this Circular).

2. Within ten working days from the completion of customs formalities for the suspended consignment, the Customs Branch shall be responsible for:

a) Notifying the intellectual property rights owner or their authorized representative to settle the costs incurred by the consignor according to Clause 5 of Article 76 of the Customs Law.

b) Refunding the guarantor the amount of guarantee provided according to Clause 6 of Article 76 of the Customs Law.

Chapter IV
CUSTOMS INSPECTION AND SUPERVISION OF EXPORTED AND IMPORTED GOODS INFRINGING INTELLECTUAL PROPERTY RIGHTS AND FAKE GOODS

Article 12. Customs Inspection

When inspecting actual exported and imported goods, in addition to implementing the provisions of the Circular on customs procedures; customs inspection and supervision; export duties, import duties, and tax management for exported and imported goods issued by the Ministry of Finance, customs officers shall perform the following tasks:

1. Inspect and compare information declared on the customs declaration regarding the name of goods, brand, origin, value, packaging method, quality of goods, transportation route of the goods with the information in the system of data on requests for inspection and supervision of exported and imported goods related to intellectual property rights, risk management lists concerning intellectual property rights, and other information collected by the customs authorities to identify signs of goods infringing intellectual property rights or being fake.

2. In cases where goods require specialized inspection, the conclusion of the specialized inspection agency shall be relied upon to determine signs of fake goods.

3. Compare the inspection results with the legal provisions concerning goods infringing intellectual property rights and fake goods.

Article 13. Handling Fake Goods or Goods Suspected of Being Fake

1. In cases where exported or imported goods are found to be fake, measures to prevent and impose penalties shall be applied in accordance with the law on administrative violations.

2. In cases where exported or imported goods are suspected of being fake, the Director of the Customs Branch shall request the declarant to provide relevant documents on the goods:

a) One copy of the sales contract or equivalent document.

b) One copy of technical documentation or component analysis report (if available).

3. If the genuine owner of the goods is identified, the genuine owner shall provide relevant documents concerning the goods (such as: catalogs, appraisal conclusions, foreign documents, results of similar cases). If the genuine owner cannot be identified, the customs declaration file, actual goods, risk analysis information about the goods, and legal provisions on fake goods shall be used to determine the situation; cooperate with anti-smuggling forces to investigate and verify (if necessary) or transfer information and case files to the anti-smuggling forces for investigation, verification, and handling in accordance with Clause 4 of this Article.

4. Verify fake goods:

a) During the period when the goods are detained or measures to prevent them are applied as prescribed, the Customs Branch shall be responsible for performing the following tasks:

a.1) Request the consignor or the genuine owner of the goods (when identified) to provide relevant documents concerning the goods (such as: catalogs, appraisal conclusions, foreign documents, results of similar cases).

a.2) Cooperate with the consignor or the genuine owner of the goods to take samples for technical appraisal at designated organizations for technical inspection serving state management or commercial appraisers (in cases where the designated technical organization refuses to conduct the inspection) and base the decision on the appraisal conclusion. If the declarant disagrees with the conclusion, they may appeal according to the law.

Sampling procedures and techniques shall be carried out in accordance with the guidance provided in the Circular on customs procedures; customs inspection and supervision; export duties, import duties, and tax management for exported and imported goods issued by the Ministry of Finance.

a.3) Cooperate with anti-smuggling forces in verification and investigation work as prescribed.

a.4) Report to the Provincial Customs Department (hereinafter referred to as the Provincial Customs Department) and the General Department of Customs for timely instructions to resolve complex cases involving high-value goods, multiple regions, government agencies, and international organizations.

b) Upon completion of the detention period or during the application of preventive measures as prescribed, if there is sufficient basis to conclude that the suspected goods are fake, the customs authority shall handle the violation in accordance with the law.

c) If it is concluded that the goods are not fake, the customs authority shall proceed with the clearance formalities for the goods in accordance with the regulations. The resolution of complaints or compensation claims due to the temporary detention of goods by the customs authority shall be handled in accordance with current regulations on complaint resolution and compensation.

Article 14. Handling of goods suspected of infringing intellectual property rights

1. The Customs Branch shall notify the applicant requesting inspection and supervision of goods suspected of infringing intellectual property rights according to form number 06-SHTT issued together with this Circular, along with images of the suspected infringing goods (if available).

2. Within five working days from the date of notification, the Customs Branch shall be responsible for performing the following tasks:

a) In case of receiving a request for temporarily suspending customs procedures or not registering for inspection and supervision of intellectual property rights at the customs authority but the intellectual property right holder requests temporarily suspending customs procedures in writing, if the intellectual property right holder fulfills the obligations prescribed in Clause 3 of Article 74 of the Customs Law:

a.1) Deciding to temporarily suspend customs procedures for the consignment suspected of infringing intellectual property rights.

a.2) In case there is sufficient basis to confirm that the goods notified are infringing intellectual property rights, the Director of the Customs Branch shall consider and decide to immediately apply administrative measures to handle the matter in accordance with Articles 214 and 215 of the Intellectual Property Law, while coordinating with control forces at various levels to verify and collect information on the goods as prescribed.

b) In case the intellectual property right holder does not have a request or a written request for temporarily suspending customs procedures but fulfills the obligations prescribed in Clause 3 of Article 74 of the Customs Law or has a request for temporarily suspending customs procedures but does not fulfill the obligations prescribed in Clause 3 of Article 74 of the Customs Law, then the temporary suspension of customs procedures for the consignment shall not be implemented except in cases where the goods are counterfeit intellectual property goods.

3. In case there is no information requesting protection of intellectual property rights, but during the process of inspecting customs documents and physically inspecting goods, the customs authority discovers imported goods suspected of infringing intellectual property rights, it shall conduct physical inspections of the goods, take samples or photograph the goods, and coordinate with specialized units for intellectual property control at the General Department of Customs, Provincial/City Customs Bureau to decide on clearance of the goods or temporarily detain the goods if the violation is confirmed.

Chapter V
CUSTOMS CONTROL OF FAKE GOODS AND GOODS INFRINGING INTELLECTUAL PROPERTY RIGHTS

Article 15. Responsibilities and authorities of customs control forces

1. The scope of responsibilities of customs control forces in combating fake goods and goods infringing intellectual property rights shall be carried out in accordance with Article 88 of the Customs Law and Decree No. 01/2015/NĐ-CP dated January 2, 2015 of the Government detailing the scope of customs operations; responsibilities for coordination in preventing and combating smuggling and illegal transportation of goods across borders.

2. When performing customs control tasks related to fake goods and goods infringing intellectual property rights, the customs control forces have the authority to apply customs control business methods as prescribed in Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government to detect, investigate, arrest, and handle goods infringing intellectual property rights and fake goods in accordance with the law.

3. When performing their duties, the customs control forces have the right to request relevant agencies, organizations, individuals, and customs units at all levels to provide documents, cooperate, and create conditions to perform their assigned functions and tasks.

Article 16. Implementation of Control Operations

1. Customs control forces shall actively collect information in accordance with the law to understand the situation and detect subjects, methods, and tactics of activities that violate regulations concerning counterfeit goods and goods infringing intellectual property rights.

2. Upon receiving or discovering information about counterfeit goods or goods infringing intellectual property rights, directly inspect or coordinate with the Customs Sub-Department handling customs procedures to conduct inspections. Compare with relevant legal provisions and the actual goods found to make a decision to temporarily detain the goods.

3. Conduct evidence collection, verification, inspection, comparison, and evaluation of information provided regarding counterfeit goods and goods infringing intellectual property rights against the actual detained goods to determine violations.

4. In cases where there is basis to determine goods as violative, apply or coordinate with the Customs Sub-Department handling customs procedures to implement preventive measures according to the law on administrative violations. If there is no basis to determine goods as violative, transfer the file to the Customs Sub-Department handling customs procedures to continue processing clearance for the consignment in accordance with this Circular.

Chapter VI
IMPLEMENTING PROVISIONS

Article 17. Responsibilities for Implementation

1. The General Department of Customs is responsible for guiding and directing subordinate units to implement the specific provisions of this Circular.

2. Customs authorities, declarants, applicants requesting inspection and supervision of exported and imported goods requiring intellectual property protection, complainants of violations, and other organizations and individuals involved have the responsibility to comply with current regulations and guidance in this Circular.

Article 18. Effective Date

This Circular takes effect from March 15, 2015, and replaces Circular No. 44/2011/TT-BTC dated April 11, 2011, issued by the Minister of Finance, guiding anti-counterfeiting work and protecting intellectual property rights in the customs sector, replacing previous guiding documents inconsistent with this Circular.

 

Model 01-SHTT

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
--------------------

…., date... month... year 201...

APPLICATION FOR CONTROL AND SUPERVISION ON EXPORT - IMPORT GOODS REQUESTED TO PROTECTION ON INTELLECTUAL PROPERTY RIGHTS
(ĐƠN ĐỀ NGHỊ KIỂM TRA, GIÁM SÁT HÀNG HÓA XUẤT KHẨU, NHẬP KHẨU CÓ YÊU CẦU BẢO HỘ QUYỀN SỞ HỮU TRÍ TUỆ)

To: …

Pursuant to the provisions of Articles 216, 217, 219 of Law No. 50/2005/QH11 on Intellectual Property dated November 29, 2005 Pursuant to regulation at Articles 216, 217, 219 of Law 50/2005/QH11 on Intellectual Property dated 29 November 2005;

Pursuant to the provisions of Articles 73, 74 of Law No. 54/2014/QH13 on Customs dated June 23, 2014 Pursuant to regulation at Articles 73 and 74 of Law 54/2014/QH13 on Customs dated 23 June 2014;

Pursuant to Circular No. 13/2015/TT-BTC dated January 30, 2015, of the Ministry of Finance, stipulating the examination, supervision, and temporary suspension of customs procedures for exported and imported goods requiring protection of intellectual property rights; anti-counterfeit and goods infringing intellectual property rights Pursuant to Circular N° 13/2015/TT-BTC dated 30/01/2015 of Ministry of Finance promulgating control, supervision and temporary suspension of doing customs procedures for export and import goods already requested for IP Protection; anti-counterfeit and goods violating IP Rights;

The person signing below requests the Customs Authority to take measures to examine and supervise exported and imported goods in accordance with the Intellectual Property Law for the consignment suspected of infringing intellectual property rights as follows:The undersigned requests Customs Administration to, under the Law on Intellectual Property, implement the measures of examining and supervising import goods and export goods of the shipment being suspected of violating Intellectual Property Rights including the following content:

Citizen identification card/ID card/passport (if individual)/Applicant:

- Full name:- ID No./passport No. (in case of individual):

- Identity card/passport number (if individual)ID/passport No. (in case of individual)

- Office of Issue:Address:

- Telephone:Telephone:               Fax: - E-mail/Website:

2. Owner of the right/IP owner:

- Full name:- ID No./passport No. (in case of individual):

- Identity card/passport number (if individual): ID/passport No. (in case of individual)

- Office of Issue:Address:

- Telephone:Telephone:               Fax: - E-mail/Website:

3. Intellectual Property Right Requested for Protection (clearly indicate: copyrights/related rights/trademarks/geographic indicators, etc):

(clearly indicate: throughout the country or at specific Customs Administration): - Name of IP Right Certificate::

- Number:                        Date of issuance of IP Right Certificate:

- Issuing authority:(clearly indicate: throughout the country or at specific Customs Administration)Area for IP protection(mark x at the accompanied document submitted):

(clearly indicate: throughout the country or at specific Customs Administration)(the applicant himself to identify and provide in order to assist Customs Administration in the process of cooperation. Note: not obligatory):

- Photos;- Characteristics of distinguishing genuine goods from goods infringing on intellectual property rights;

- List of legal goods importer(s) and/or exporter(s); (the applicant himself to identify and provide in order to assist Customs Administration in the process of cooperation. Note: not obligatory): A- HS Code (8 digits): /HS code (08 digits)::

Full name, signature of the applicant and seal (if any) (mark x at the accompanied document submitted):

, date... □ IP Right Certificate/

YEAR...APPLICATION OF REQUEST FOR TEMPORARY SUSPENSION OF DOING CUSTOMS PROCEDURE

□ List of legitimate exporters and importers of goods/List of legal goods importer(s) and/or exporter(s);

Pursuant to regulation at Articles 216, 217, 219 of Law on Intellectual Property dated 29 November 2005, Law on amending and supplementing some articles of the Law on Intellectual Property dated 19 June 2009, Law on amending and supplementing some articles of the Law on Insurance Business, Law on Intellectual Property dated 14 June 2019; Pursuant to regulation at Articles 73 and 74 of Law on Customs N°54/2014/QH13 dated 23 June 2014 Pursuant to the document (number/date) issued by (Customs Administration) about the acceptance on intellectual property protection for import and export goods with regard to the Application of Request for Control on import, export goods relating to Intellectual Property (number/date) submitted by (name of the applicant) (if any); □ Exporting and importing methods; distinguishing genuine and counterfeit goods/

Mode of import and/or export; the differences between the genuine and the counterfeit;In case the suspended goods are defined to violate intellectual property rights, we kindly request Customs Administration to handle the infringement in accordance with relevant laws and regulation.

□ Documents proving the origin of genuine goods/Document to prove the origin of the genuine;

□ Power of attorney or assignment contract for filing applications/□ Assignment/usage contract of intellectual property objects or confirmation document of inheritance rights over intellectual property objects/

Contract of Transfer/Using Intellectual Property Rights or relevant document to prove the rights of inheritance; □ Predicted information about time and place of export/import procedures/

Information of forecast on when and where related shipment(s) going to be done Customs procedure;||| Power of Attorney or Contract of Attorney;

□ Assessment results of intellectual property assessment organization/ the assess result made by Intellectual Property assess unit

Model 02-SHTT…., date... month... year 200...

□ Result of the appraisal made by the intellectual property appraisal organization/appraisal result made by the intellectual property appraisal unit.

 

 

Form 02-SHTT

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
--------------------

...., day/month/year 200...

||| APPLICATION OF REQUEST FOR TEMPORARY SUSPENSION OF DOING CUSTOMS PROCEDURE
||| APPLICATION OF REQUEST FOR TEMPORARY SUSPENSION OF DOING CUSTOMS PROCEDURE

To: …

(Customs Administration issuing the Temporary Suspension of Customs Procedure Notice)/(Customs Administration issued the Announcement on temporary suspension of doing Customs procedure)

Pursuant to the provisions of Article 216, Article 217 of Law No. 50/2005/QH10 on Intellectual Property dated November 29, 2005/Pursuant to the regulation at Article 216, Article 217 of Law No. 50/2005/QH10 on Intellectual Property dated November 29, 2005/^ENVIRONMENT 2005;

Pursuant to the provisions of Article 73, Article 74 of Law No. 54/2014/QH13 on Customs dated June 23, 2014/Pursuant to regulation at Articles 73 and 74 of Law No. 54/2014/QH13 on Customs dated June 23, 2014/

||| Pursuant to the document ||| (number/date) of ||| (Customs Administration) regarding the acceptance of intellectual property protection for imported and exported goods related to intellectual property pursuant to the Application for Inspection and Supervision of Imported and Exported Goods Related to Intellectual Property ||| (number/date) HAPPY (name of the applicant) (if any)/Pursuant to the document (number/date) issued by (Customs Administration) about the acceptance on intellectual property protection for import and export goods with regard to the Application for Inspection and Supervision of Import and Export Goods Relating to Intellectual Property (number/date) submitted by (name of the applicant) (if any).

||| With the guarantee deposited at Customs Administration (Number of Cush Deposit Note/date/Bank... ); ||| (number/date) of ||| With the guarantee deposited at Customs Administration (Number of Cush Deposit Note/date/Bank... ); ||| With the guarantee deposited at Customs Administration (Number of Cush Deposit Note/date/Bank... ); (cash deposit receipt number/date/at Bank...)/With the guarantee deposited at Customs Administration (Number of Cash Deposit Receipt/date/Bank...)

The undersigned requests the Customs Administration to temporarily suspend Customs procedures for the consignment according to (Announcement No: ... dated ... of the Customs Administration)/The undersigned kindly requests Customs Administration to temporarily suspend Customs procedure for the consignment (regarding the Announcement Number... dated ... issued by the Customs Administration).

In case the goods subject to the temporary suspension of Customs procedures are determined to be infringing intellectual property rights, we request the Customs Administration to handle the infringement in accordance with the authority prescribed by law ||| In case the suspended goods are defined to violate intellectual property rights, we kindly request Customs Administration to handle the infringement in accordance with relevant laws and regulation. pursuant to the authority prescribed by law /In case the suspended goods are found to be infringing intellectual property rights, we kindly request the Customs Administration to handle the infringement in accordance with relevant laws and regulations.

We commit to compensate for any losses and other costs arising from wrongful temporary suspension of Customs procedures for the owner of the exported and imported goods in accordance with relevant laws and regulations. We commit to pay compensation for any damages and other costs arising from wrongful temporary suspension of Customs procedures to the owner of the goods in accordance with relevant laws and regulations.

 

Form 03-SHTT

 

Pursuant to …;

Regarding the suspension of customs procedures for goods

Pursuant to the Intellectual Property Law No. 50/2005/QH11 dated November 29, 2005 and Law No. 36/2009/QH12 dated June 19, 2009 amending and supplementing certain articles of the Intellectual Property Law No. 50/2005/QH11;

Pursuant to the Customs Law No. 54/2014/QH13 dated June 23, 2014;

Pursuant to Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance on inspection, supervision, and temporary suspension of Customs procedures for exported and imported goods requiring intellectual property protection; control of counterfeit goods and goods infringing intellectual property rights;

Pursuant to the application for temporary suspension of Customs procedures No:...dated.....submitted by......

Considering the proposal of …

DECISION:

Article 1. Temporarily suspend Customs procedures for the consignment:...belonging to the Customs Declaration No:...dated:.....at.....of......address:...as requested by:...address:...

Reason for suspension: The consignment has suspicious signs of infringing intellectual property rights on trademark...

Article 2. The period of temporary suspension of Customs procedures is ten (10) working days calculated from the date (the applicant requesting the suspension) receives this decision confirmed by the postal service.

Article 3. The Customs Administration, the applicant for temporary suspension, and the owner of the goods are responsible for implementing this decision./.

 

 

Form 04-SHTT

 

Pursuant to …;

Regarding the extension of the suspension period of customs procedures

Pursuant to the Intellectual Property Law No. 50/2005/QH11 dated November 29, 2005 and Law No. 36/2009/QH12 dated June 19, 2009 amending and supplementing certain articles of the Intellectual Property Law No. 50/2005/QH11;

Pursuant to the Customs Law No. 54/2014/QH13 dated June 23, 2014;

Pursuant to Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance on inspection, supervision, and temporary suspension of Customs procedures for exported and imported goods requiring intellectual property protection; control of counterfeit goods and goods infringing intellectual property rights;

Pursuant to Decision No:...dated.....issued by:.....on temporary suspension of Customs procedures.

Pursuant to the application for extension of the period of temporary suspension of Customs procedures No:...dated.....submitted by......

Considering the proposal of …

DECISION:

Article 1. Extend the period of temporary suspension of Customs procedures for the consignment:...belonging to the Customs Declaration No:...dated:.....at.....of......address:...as requested by:...address:...

Article 2. The period of temporary suspension of Customs procedures is ten (10) working days, calculated from the day following the expiration date of the Decision on Temporary Suspension of Customs Procedures No:.....dated:.....

Article 3. The Customs Administration, the applicant for temporary suspension, and the owner of the goods are responsible for implementing this decision./.

 

 

Form 05-SHTT

 

Pursuant to …;

Regarding the resumption of customs procedures for goods

Pursuant to the Intellectual Property Law No. 50/2005/QH11 dated November 29, 2005 and Law No. 36/2009/QH12 dated June 19, 2009 amending and supplementing certain articles of the Intellectual Property Law No. 50/2005/QH11;

Pursuant to the Law on Customs No. 54/2014/QH13 dated June 23, 2014;

Pursuant to Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance on inspection, supervision, and temporary suspension of Customs procedures for exported and imported goods requiring intellectual property protection; control of counterfeit goods and goods infringing intellectual property rights;

Considering the proposal of …

DECISION:

Article 1. Continue Customs procedures for the consignment belonging to the Customs Declaration No:.....dated.....of Company:.....address.....which was temporarily suspended from Customs procedures according to Decision No:.....of the Customs Sub-department.....

Reason:

Article 2. This Decision takes effect from the date of signature.

Article 3. The Customs Administration, the applicant for temporary suspension, and the owner of the goods are responsible for implementing this decision./.

 

 

Form 06-SHTT

 

NOTICE

Regarding the suspension of customs procedures

Pursuant to the Intellectual Property Law No. 50/2005/QH11 dated November 29, 2005 and Law No. 36/2009/QH12 dated June 19, 2009 amending and supplementing certain articles of the Intellectual Property Law No. 50/2005/QH11;

Pursuant to the Law on Customs No. 54/2014/QH13 dated June 23, 2014;

Pursuant to Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance on inspection, supervision, and temporary suspension of Customs procedures for exported and imported goods requiring intellectual property protection; control of counterfeit goods and goods infringing intellectual property rights;

Pursuant to the notice in the letter No:.....dated.....of the General Department of Customs.

During the process of Customs procedures, the Customs Administration discovered that the consignment contains the following information which has suspicious signs of infringing intellectual property rights:

Within three (03) working days from the date of notification, we request.....(applicant).....to proceed with the temporary suspension of Customs procedures in accordance with the law. Information about the Customs Administration:

Customs Sub-department.....

Address / contact phone number:.....

Account number:.....Bank:.....