Circular No. 13/2020/TT-BTC dated March 6, 2020 of the Ministry of Finance amends and supplements certain provisions of Circular No. 13/2015/TT-BTC dated January 30, 2015 on inspection, supervision, 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.

CIRCULAR

Amending and supplementing some articles of Circular No. 13/2015/TT-BTC dated January 30, 2015 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 Customs Law dated June 23, 2014;

Pursuant to the Intellectual Property Law dated November 29, 2005; the Law amending and supplementing certain provisions of the Intellectual Property Law dated June 19, 2009; the Law amending and supplementing certain provisions of the Insurance Business Law and the Intellectual Property Law dated June 14, 2019;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to Decree No. 08/2015/NĐ-CP dated January 21, 2015 and Decree No. 59/2018/NĐ-CP dated April 20, 2018 amending and supplementing certain provisions of Decree No. 08/2015/NĐ-CP dated January 21, 2015 of the Government detailing and providing implementation measures for the Customs Law on customs procedures, inspection, supervision, and customs control;

Pursuant to Decree No. 01/2015/NĐ-CP dated January 2, 2015 and Decree No. 12/2018/NĐ-CP dated January 23, 2018 of the Government amending and supplementing certain provisions of Decree No. 01/2015/NĐ-CP dated January 2, 2015 of the Government detailing the scope of customs territory and responsibilities for coordination in preventing and combating smuggling and illegal transportation of goods across borders;

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

Pursuant to Decree No. 185/2013/NĐ-CP dated November 15, 2013 and Decree No. 124/2015/NĐ-CP dated November 19, 2015 of the Government amending and supplementing certain provisions of Decree No. 185/2013/NĐ-CP dated November 15, 2013 of the Government on administrative penalties for violations in commercial activities, production, sale of counterfeit goods, prohibited goods, and consumer protection;

Pursuant to Decree No. 99/2013/NĐ-CP dated August 29, 2013 of the Government on administrative penalties for violations in the field of industrial property;

Pursuant to Decree No. 131/2013/NĐ-CP dated October 16, 2013 of the Government on administrative penalties concerning copyright and related rights;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017, issued by 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 amending and supplementing some articles of Circular No. 13/2015/TT-BTC dated January 30, 2015 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.

Article 1. Amending and supplementing some articles of Circular No. 13/2015/TT-BTC dated January 30, 2015

1. Amending and supplementing some clauses of Article 3

a) Clause 1 is amended and supplemented as follows:

"1. Counterfeit goods include types of goods as stipulated in Clause 8, Article 3 of Decree No. 185/2013/NĐ-CP dated November 15, 2013 and Clause 3, Article 1 of Decree No. 124/2015/NĐ-CP dated November 19, 2015 of the Government amending and supplementing certain provisions of Decree No. 185/2013/NĐ-CP dated November 15, 2013 of the Government on administrative penalties for violations in commercial activities, production, sale of counterfeit goods, prohibited goods, and consumer protection."

b) Clause 6 is amended and supplemented as follows:

"6. Customs control of counterfeit goods and goods infringing intellectual property rights involves applying customs control measures or other measures as prescribed by law to prevent and combat smuggling and illegal transportation of counterfeit goods and goods infringing intellectual property rights within the customs territory."

c) Clause 7 is amended and supplemented as follows:

"7. The application includes: Application for inspection and supervision of exported and imported goods requiring intellectual property protection; Application for extension of the period for applying inspection and supervision measures for exported and imported goods requiring intellectual property protection; and Application for temporary suspension of customs procedures for goods suspected of infringing intellectual property rights."

2. Amending and supplementing some clauses of Article 4

a) Clause 3 is amended and supplemented as follows:

"3. Appeals and lawsuits against decisions on handling counterfeit goods and goods infringing intellectual property rights, and the application of customs control measures for exported and imported goods related to intellectual property rights shall be handled according to the laws on appeals and administrative litigation."

b) Supplement Clause 6 as follows:

"6. Shall provide information to customs authorities to implement inspection, supervision, and control, and update contents related to distinguishing counterfeit goods, goods infringing intellectual property rights, and genuine goods protected by intellectual property rights."

3. Clause 5 of Article 5 is amended and supplemented as follows:

"5. Handling appeals from organizations and individuals regarding the handling of counterfeit goods and goods infringing intellectual property rights, and the application of customs control measures for exported and imported goods related to intellectual property rights according to the laws on appeals."

"Article 6. Submission of Application for Inspection and Supervision of Exported and Imported Goods Requiring Intellectual Property Protection

1. The applicant shall submit the application for inspection and supervision of exported and imported goods requiring intellectual property protection to the General Department of Customs through the Electronic Data Processing System of Customs, including:

a) An application form for inspection and supervision of exported and imported goods requiring intellectual property protection according to Form No. 01-ĐĐN/SHTT/2020 attached hereto;

b) Industrial property rights certificates or other documents proving industrial property rights protected in Vietnam or a certificate of registration of the contract transferring the right to use the subject matter of industrial property; a certificate of copyright registration, related rights to copyrights, or plant variety rights, or other documents proving copyrights, related rights to copyrights, or plant variety rights;

c) Detailed description of goods infringing intellectual property rights, photographs, distinguishing features between genuine and infringing goods;

d) List of legitimate exporters and importers of goods requiring supervision; list of potential exporters and importers of goods infringing intellectual property rights;

đ) Power of attorney (in case of authorization to submit the application);

The content of the power of attorney must comply with the provisions of the law; in cases where the organization or individual granting authority does not have a registered office in Vietnam, the power of attorney must be apostilled, except in cases where apostille is not required under international agreements to which Vietnam is a party;

e) Proof of payment of customs fees as prescribed in Circular No. 274/2016/TT-BTC dated November 14, 2016 issued by the Minister of Finance on the level of collection, management, and use of customs fees and charges for transit goods and means of transport;

2. In cases where the documents provided to the General Department of Customs pursuant to this Article change or are supplemented, the applicant has the responsibility to notify the General Department of Customs about the number and date of the notification of acceptance of inspection and supervision by the customs authority and information about changes or supplements along with relevant documents regarding such changes or supplements in accordance with the method prescribed in this Article;

The customs authority will check and compare the information notified by the applicant with the accepted inspection and supervision application file and issue a notification of information changes or supplements to the Customs Departments of provinces and cities and the Anti-Smuggling Investigation Department;

In cases where the Electronic Data Processing System of Customs cannot meet requirements or is malfunctioning, the applicant shall submit one set of paper documents comprising the documents prescribed in this Article at the One-Stop Service Desk of the General Department of Customs or send them via postal service to the General Department of Customs (Customs Management Supervision Bureau). Documents prescribed in points a, c, d, Clause 1 of this Article shall be originals; documents prescribed in points b, đ, e, Clause 1 of this Article shall be copies signed and stamped by the owner of the intellectual property rights or the authorized representative;

5. Amend and supplement some clauses of Article 7

a) Clause 1 is amended and supplemented as follows:

"1. After receiving the complete application package as prescribed in Article 6 of this Circular, the customs authority shall perform the following checks:

a) Legal status of the applicant in accordance with the law;

b) Consistency between the content of the application and accompanying documents; validity period of the intellectual property rights certificate;

c) Photographs consistent with the content of the intellectual property rights requiring protection or the content of the complaint about the violation;

d) Content of the power of attorney consistent with the provisions of the law;

In cases where the application is incomplete, within five working days from the date of receipt of the application, the customs authority shall issue a notification to the applicant to submit supplementary documents.";

b) Clause 2 is amended and supplemented as follows:

"2. Cases of refusal to accept applications:

a) The applicant does not have the legal status to submit the application as prescribed by law;

b) The content of the application and accompanying documents are inconsistent or not aligned;

c) During the processing of the application, the customs authority receives a notice from the competent authority regarding disputes or complaints about the owner of the intellectual property rights or the authorized representative, the possibility of protection, or the scope of protection of intellectual property rights;

d) Supplementary documents submitted exceed the deadline of ten working days from the date the customs authority sends the notification of supplementary submission as prescribed in Clause 1 of this Article";

"Article 8. Extension and Termination of the Period for Applying Customs Inspection and Supervision Measures for Goods Requiring Intellectual Property Protection

1. In cases where the applicant requests an extension of the period for applying customs inspection and supervision measures for goods requiring intellectual property protection as prescribed in Clause 2 of Article 74 of the Customs Law, the owner of the intellectual property rights or the authorized representative shall submit the request for extension to the General Department of Customs through the Electronic Data Processing System of Customs no later than twenty days before the expiration date recorded in the notification of acceptance of the inspection and supervision application; the request shall clearly state the number, date, and validity period of the intellectual property rights certificate being requested for extension; the number and date of the notification of acceptance of inspection and supervision by the customs authority. The customs authority shall accept and process the request for extension in accordance with Article 7 of this Circular.

In cases where the Electronic Data Processing System of Customs cannot meet requirements or is malfunctioning, the request for extension may be submitted at the One-Stop Service Desk of the General Department of Customs or sent via postal service to the General Department of Customs (Customs Management Supervision Bureau).

2. Cases of termination of the application of inspection and supervision measures:

a) Expiration of the validity period recorded in the notification of acceptance of the application without a request for extension from the applicant;

b) The applicant submits a request to the General Department of Customs (Customs Management Supervision Bureau) to terminate customs inspection and supervision for goods requiring intellectual property protection;

c) The national management agency for intellectual property issues a notice revoking the intellectual property rights certificate granted to the applicant.

d) The customs authority has grounds to determine that the documents in the application file for inspection and supervision are no longer valid or are forged.

3. In cases where the effect is terminated according to points b and c, Clause 2 of this Article, the General Department of Customs (Customs Supervision Management Department) shall send a notification letter to the Customs Departments of provinces and cities, the Anti-Smuggling Investigation Department, and the applicant within five working days from the date of receipt of the application letter or the announcement from the competent state management agency.

"Article 9. Submission of Application File for Temporary Suspension of Customs Procedures

The applicant submits the application file for temporarily suspending customs procedures for exported and imported goods requiring protection of intellectual property rights to the Customs Sub-department handling customs procedures through the Electronic Data Processing System as follows:

1. In cases where the General Department of Customs (Customs Supervision Management Department) has not accepted the application for inspection and supervision, the application file for temporarily suspending customs procedures includes:

a) The application file for inspection and supervision of exported and imported goods requiring protection of intellectual property rights as stipulated in Article 6 of this Circular;

b) The application for temporarily suspending customs procedures according to Form No. 02-ĐTD/SHTT/2020 attached to this Circular;

c) A guarantee document issued by a credit institution or a security deposit as prescribed in Clause 3, Article 74 of the Law on Customs;

d) A payment receipt for customs fees according to the temporary suspension of customs procedures as prescribed in Circular No. 274/2016/TT-BTC dated November 14, 2016, issued by the Minister of Finance, which stipulates the rates, collection, payment, management, and use of customs fees and charges for goods and means of transport in transit.

In cases where the Electronic Data Processing System does not meet requirements or malfunctions, the intellectual property right holder or their authorized representative shall submit one set of paper documents including the documents specified in this Article to the Customs Sub-department handling customs procedures for the exported and imported goods requesting a temporary suspension of customs procedures. The documents at point b and c of this clause must be originals, while the documents at point d of this clause must be copies with signatures and seals confirming the submission by the applicant.

2. In cases where the General Department of Customs (Customs Supervision Management Department) has issued a notification accepting the application for inspection and supervision: The application file for temporarily suspending customs procedures includes the documents specified in points b, c, d, and paragraph 1 of this Article.

a) Clause 2 is amended and supplemented as follows:

"2. The period for temporarily suspending customs procedures is ten working days from the date the customs authority issues the decision to temporarily suspend customs procedures. In cases where the person requesting the temporary suspension has legitimate reasons, this period may be extended provided that the person requesting the temporary suspension of customs procedures must submit additional funds or a guarantee document as prescribed in Clause 3, Article 74 of the Law on Customs. The extension period shall not exceed ten working days from the end of the temporary suspension period.

After the applicant submits an application for extending the temporary suspension of customs procedures and pays the required amount or submits a guarantee document, the Customs Sub-department issuing the decision to temporarily suspend shall extend the suspension period according to Form No. 04-GHTD/SHTT/2020 attached to this Circular."

"4. Upon completion of the temporary suspension period of customs procedures or the application of preventive measures as prescribed, the Customs Sub-department issuing the decision to temporarily suspend shall be responsible for performing one or more of the following tasks simultaneously:

a) In cases where the goods temporarily suspended are found to infringe intellectual property rights after inspection:

a.1) Issue an administrative case acceptance decision based on the appraisal conclusion of the intellectual property appraisal organization (in cases of requesting an appraisal); the professional opinion of state management agencies on intellectual property, other state management agencies (in cases of soliciting expert opinions); materials and evidence provided by the intellectual property right holder or their authorized representative;

a.2) Order the detention of goods if there is sufficient basis to confirm that the temporarily suspended goods are counterfeit or infringing intellectual property rights, particularly foodstuffs, pharmaceuticals, cosmetics, animal feed, fertilizers, veterinary drugs, plant protection products, construction materials;

Carry out administrative penalties for acts of infringing intellectual property rights and infringing goods according to the law. Within ten working days from the effective date of the penalty decision, the Customs Sub-department shall refund the amount paid under Clause 3, Article 74, and Clause 3, Article 76 of the Law on Customs to the person requesting the temporary suspension of customs procedures and notify them in writing to compel the violator to pay all costs incurred due to the administrative violation;

a.3) Within thirty days from the date of issuing the administrative measure decision to handle counterfeit trademark goods and pirated goods according to Clause 4, Article 216 of the Intellectual Property Law, the customs authority issuing the violation handling decision shall notify the intellectual property right holder or their authorized representative of the following information according to Clause 12, Article 2 of the Law Amending and Supplementing Certain Provisions of the Insurance Business Law and the Intellectual Property Law: Name and address of the sender; exporter, consignee, or importer; description of the goods; quantity of goods; country of origin of the goods if known;

b) In cases where the goods temporarily suspended are found not to infringe intellectual property rights, continue to process the customs procedures for the consignment according to Article 11 of this Circular;

c) Follow the court's opinion in cases where the applicant initiates a civil lawsuit;

d) Transfer the case to relevant intellectual property enforcement agencies for handling when it is determined that the violation does not fall within the jurisdiction of the customs authority;

đ) Cease processing upon receiving a notification from the state management agency on intellectual property regarding disputes or complaints about the intellectual property right holder or their authorized representative, the possibility of protection, and the scope of protection of intellectual property rights.

e) Transfer to the competent authority to conduct investigation and prosecution in accordance with the law in cases where the violation is determined to have characteristics of a criminal offense as stipulated in the Penal Code.

"Article 12. Customs Inspection and Supervision

The customs procedures for exported and imported goods subject to intellectual property rights protection shall be implemented in accordance with Circular No. 38/2015/TT-BTC dated March 25, 2015, and Circular No. 39/2018/TT-BTC dated April 20, 2015, which amends and supplements certain provisions of Circular No. 38/2015/TT-BTC dated March 25, 2015, issued by the Minister of Finance, concerning customs procedures; customs inspection and supervision; export duties, import duties, and tax management for exported and imported goods, and the provisions of this Circular. The content of customs inspection and supervision for exported and imported goods subject to intellectual property rights protection shall be carried out as follows:

1. Content of customs declaration file inspection:

a) Inspect information declared about goods: the declarant must declare fully and accurately the name of the goods, brand name, specifications, quality, technical parameters, composition, model, code, characteristics, and function of the goods in accordance with regulations;

b) Compare the information declared on the customs declaration form with the information on the documents in the customs file regarding the name of the goods, brand name, origin, value, specifications, quality, technical parameters, composition, model, code, characteristics, function, and transportation route of the goods to determine consistency;

c) Compare the information on the exporter's name, importer's name, goods' name, and brand name with the information announced in Clause 3, Article 7 of this Circular by the General Department of Customs and the information collected by the customs authority to identify goods suspected of infringing intellectual property rights or counterfeit goods (if any);

In cases where the exporter or importer belongs to the list of persons capable of exporting or importing goods that infringe intellectual property rights, and the goods are suspected of infringing intellectual property rights, the customs authority at the place of declaration registration shall notify the owner of the right or the legally authorized representative of the suspected infringing goods in accordance with Article 14 of this Circular;

In cases where the exporter or importer does not belong to the list of legitimate exporters or importers and the list of persons capable of exporting or importing goods that infringe intellectual property rights, the customs authority shall notify the owner of the right or the legally authorized representative of the suspected infringing goods in accordance with Article 14 of this Circular based on the customs file inspection and/or actual inspection of the goods to identify suspected infringing goods;

d) In cases where, through inspection and comparison, there is sufficient basis to determine that the imported or exported goods are consistent and do not show signs of being counterfeit or infringing intellectual property rights, the customs authority shall continue to implement customs procedures in accordance with regulations;

In cases where, through inspection and comparison, there are suspicious signs and the content declared on the customs declaration form is inconsistent with the content in the customs inspection and supervision request approved by the General Department of Customs (Customs Management Control Department), but there is insufficient basis to determine a violation, the Head of the Customs Branch shall decide to inspect the actual goods and clearly indicate the signs of counterfeit goods or infringing intellectual property rights for customs officers to pay attention to during the actual inspection;

2. Content of actual goods inspection:

a) Compare the name and brand name marked on the packaging and goods with the name and brand name declared by the declarant on the customs declaration form, the documents in the customs file, and the warning information obtained during the customs file inspection (if any) to determine consistency;

b) Compare the actual goods with the customs inspection and supervision request approved by the General Department of Customs (Customs Management Control Department) (photographs, descriptions, distinguishing features of genuine goods) to determine counterfeit goods or goods suspected of infringing intellectual property rights;

c) In cases where there is insufficient basis to determine that the goods are counterfeit or suspected of infringing intellectual property rights, further investigation and verification are required; the customs officer shall propose the head of the branch to transfer the information to the anti-smuggling control force under the Bureau or the Anti-Smuggling Investigation Bureau (for major and complex cases) to carry out verification, investigation, and clarification, and continue to implement customs procedures in accordance with regulations;

d) In cases where it is determined that the goods are counterfeit, they shall be handled in accordance with Article 13 of this Circular. In cases where it is determined that the goods are suspected of infringing intellectual property rights, they shall be handled in accordance with Article 14 of this Circular;

3. During the implementation of customs supervision activities and patrols in the customs operation area, if goods suspected of being counterfeit or infringing intellectual property rights are discovered, the Head of the Customs Branch at the place of declaration registration or the place of storage of the goods shall issue a Decision to temporarily suspend the movement of goods through the customs supervision area in accordance with the Circular of the Minister of Finance on customs procedures; customs inspection and supervision; export duties, import duties, and tax management to conduct actual goods inspection in accordance with Clause 2 of this Article and handle according to Article 13 or Article 14 of this Circular;

4. In cases where goods require specialized inspection, the customs authority shall base its determination of counterfeit goods or goods suspected of infringing intellectual property rights on the conclusion of the specialized inspection agency;

"Article 13. Handling of Counterfeit Goods or Goods Suspected of Being Counterfeit

1. In cases where there is sufficient basis to determine that exported or imported goods are counterfeit, penalties shall be imposed in accordance with the law.

2. In case of discovering exported or imported goods that appear to be counterfeit, based on the signs and nature of the goods, the authorized person shall immediately take preventive measures as stipulated in Clause 3, Article 119 and Article 125 of the Law on Handling Administrative Violations. Depending on the severity and nature of the violation, the competent authority may apply additional preventive measures as provided for in Clauses 4, 5, and 6 of Article 119 of the Law on Handling Administrative Violations to verify counterfeit goods; the application of preventive measures shall be carried out in accordance with Articles 126, 127, 128, and 129 of the Law on Handling Administrative Violations.

During the period of temporary detention of goods as prescribed in Clause 8, Article 125 of the Law on Handling Administrative Violations, the customs authority issuing the decision to apply preventive measures shall perform one or combine the following tasks to determine counterfeit goods:

a) Requesting the consignor to provide: Sales contracts or equivalent documents; technical documentation or component analysis for suspected counterfeit goods as stipulated in Points a, b, c, and d of Clause 8, Article 3 of Decree No. 185/2013/ND-CP dated January 15, 2013 of the Government and Clause 3, Article 1 of Decree No. 124/2015/ND-CP dated November 19, 2015 of the Government;

b) Requesting the owner of the genuine goods (applicable in cases where the owner has been identified) to provide relevant documentation regarding the goods (such as: catalogues, appraisal conclusions, foreign documents, results of similar cases...) to have a basis for determining counterfeit goods;

c) If necessary, sampling and appraising at a conformity assessment organization designated for inspection and management purposes or by a commercial appraiser (in cases where the technical organization designated for inspection refuses). The procedures for sampling and sampling techniques shall be carried out according to the guidelines in Article 31 of Circular No. 38/2015/TT-BTC dated March 25, 2015, Clause 20, Article 1 of Circular No. 39/2018/TT-BTC dated April 20, 2015 amending and supplementing certain articles of Circular No. 38/2015/TT-BTC dated March 25, 2015 issued by the Minister of Finance on customs procedures; customs inspection and supervision; export tax, import tax, and tax management for exported and imported goods of the Ministry of Finance;

d) Cooperating with anti-smuggling control forces to carry out verification and investigation according to the specified procedures;

đ) Upon completion of the temporary detention period or during the time preventive measures are applied as prescribed, based on the appraisal conclusion (if an appraisal is conducted), if there is sufficient basis to conclude that the goods are suspected to be counterfeit, the customs authority shall proceed to handle the violation in accordance with the law. If the conclusion is that the goods are not counterfeit, the customs authority shall continue the customs clearance procedures for the goods as prescribed. If there are indications of criminal offenses, the customs authority shall follow the procedures set forth in the Law on Organizational Structure of Criminal Investigation Agencies, the Penal Code, and the Criminal Procedure Code.

3. For complex cases involving high-value goods related to multiple localities, state agencies, and international organizations, the Customs Sub-Department shall report to the Provincial Customs Department, inter-provincial Customs Department, or directly governed city Customs Department (hereinafter referred to as the Provincial Customs Department) and the General Department of Customs for timely guidance and resolution.

4. The resolution of complaints or compensation claims due to the implementation of preventive measures by the customs authority causing damage to the consignor shall be carried out in accordance with current regulations on complaint resolution and state compensation liability.

"Article 14. Handling of Goods Suspected of Infringing Intellectual Property Rights

1. The Customs Sub-Department handling customs procedures shall notify the intellectual property rights holder or the legally authorized representative of goods suspected of infringing intellectual property rights using Form No. 06-TB/SHTT/2020 attached to this Circular and send images of the goods suspected of infringing intellectual property rights. The notification shall be sent via registered mail with SMS/email delivery service. The handling shall be carried out as follows:

a) Within three working days from the date of receipt of the customs authority's notification, if the intellectual property rights holder or the legally authorized representative does not request a temporary suspension of customs procedures, the customs authority shall continue to process customs procedures in accordance with Article 11 of this Circular;

b) In case of receiving a request for a temporary suspension of customs procedures and the intellectual property rights holder or the legally authorized representative has fulfilled the obligations stipulated in Clause 3, Article 74 of the Customs Law, the Customs Sub-Department handling customs procedures shall implement:

b.1) A decision to temporarily suspend customs procedures as stipulated in Article 10 of this Circular;

b.2) In cases where there is sufficient basis to determine that the goods infringe intellectual property rights, the Director of the Customs Sub-Department shall consider and decide to immediately apply the handling measures as stipulated in Articles 214 and 215 of the Intellectual Property Law, while coordinating with various levels of control forces to gather information, investigate, and verify the goods for handling in accordance with the provisions;

c) In cases where the intellectual property rights holder or the legally authorized representative does not submit a request for a temporary suspension of customs procedures but submits a payment or guarantee document as stipulated in Clause 3, Article 74 of the Customs Law or submits a request for a temporary suspension of customs procedures but does not submit a payment or guarantee document as stipulated in Clause 3, Article 74 of the Customs Law, the Customs Sub-Department handling customs procedures shall not implement a temporary suspension of customs procedures for the goods, except in cases where counterfeit goods are discovered.

2. In cases where there is no information requesting protection of intellectual property rights, but during the customs procedure, the customs authority discovers that imported goods appear to infringe intellectual property rights, it shall conduct a physical inspection of the goods (if not yet inspected), take samples or photograph the goods, and based on the inspection results, decide to clear the goods or temporarily detain the goods for handling in accordance with the provisions.

12. Amend and supplement some clauses of Article 15

a) Clause 1 is amended and supplemented as follows:

"1. The scope of responsibility of the customs control force in combating counterfeit goods and goods infringing intellectual property rights shall be implemented in accordance with the provisions of Article 88 of the Customs Law, Decree No. 01/2015/ND-CP dated January 2, 2015, and Decree No. 12/2018/ND-CP dated January 23, 2018, amending and supplementing certain articles of Decree No. 01/2015/ND-CP dated January 2, 2015 of the Government detailing the scope of customs activities; responsibilities for coordination in preventing and combating smuggling and illegal transportation of goods across borders."

b) Clause 2 is amended and supplemented as follows:

"2. When performing customs control tasks related to counterfeit goods and goods infringing intellectual property rights, the customs control force has the authority to apply customs control measures according to the provisions of Decree No. 08/2015/ND-CP dated January 21, 2015, and Decree No. 59/2018/ND-CP dated April 20, 2018, amending and supplementing certain articles of Decree No. 08/2015/ND-CP dated January 21, 2015 of the Government detailing and implementing the Customs Law on customs procedures, inspection, supervision, and customs control to detect, investigate, arrest, and handle goods infringing intellectual property rights and counterfeit goods in accordance with the law."

a) Clause 2 is amended and supplemented as follows:

"2. Upon receiving or discovering information about counterfeit goods and goods infringing intellectual property rights, evaluate the reliability of the information based on the methods of collecting and sources of collected information. If there are signs of violation, issue a decision to inspect or coordinate with the Customs Sub-department where customs procedures are carried out/the Customs Sub-department where the goods are stored to conduct inspections in accordance with regulations. Based on relevant legal provisions and the results of actual goods inspections, if sufficient grounds for determining a violation exist, issue a decision to temporarily detain the goods in accordance with regulations."

b) Clause 3 is amended and supplemented as follows:

"3. Conduct appraisals, take statements, verify and collect evidence to clearly determine the nature of the violation, the role and position of each organization and individual; the value of goods infringing intellectual property rights; objective and subjective factors, motives and purposes, causes, consequences, aggravating and mitigating circumstances. On the basis of collected evidence, classify direct evidence, indirect evidence, related documents, physical evidence, and determine the direction of administrative or criminal handling. In cases where all four elements constituting a crime are present, seek the opinion of the People's Procuracy to transfer the case to the competent investigative agency for prosecution in accordance with regulations."

c) Clause 4 is amended and supplemented as follows:

"4. Where there are grounds to determine that goods are in violation, implement or coordinate with the Customs Sub-department where customs procedures are carried out/the Customs Sub-department where the goods are stored to apply preventive measures in accordance with the law on administrative violations or transfer the case to the competent authority for handling if it does not fall within their jurisdiction. Where there are no grounds to determine that goods are in violation, transfer the file to the Customs Sub-department where customs procedures are carried out to continue processing the clearance procedures for the consignment of goods in accordance with this Circular."

14. The forms are amended and supplemented as follows: Amend Form No. 01-SHTT, 02-SHTT, 03-SHTT, 04-SHTT, 05-SHTT, 06-SHTT issued together with Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Minister of Finance to become Form No. 01-ĐĐN/SHTT/2020, 02-ĐTD/SHTT/2020, 03-QĐTD/SHTT/2020, 04-GHTD/SHTT/2020, 05-TT/SHTT/2020, 06-TBTD/SHTT/2020 in the Appendix attached to this Circular.

Article 2. Effective Date

1. This Circular takes effect from April 20, 2020.

3. During the implementation process, if related documents referred to in this Circular are amended, supplemented, or replaced, they shall be implemented in accordance with the newly amended, supplemented, or replaced documents./.

Appendix

(Issued together with Circular No. 13/2020/TT-BTC dated March 6, 2020 of the Minister of Finance)

Form 01-BĐN/SHTT/2020

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom – Happiness

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…., day/month/year...

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/Đối với:...

Pursuant to the provisions of Articles 216, 217, 219 of the Law on Intellectual Property dated November 29, 2005; Law Amending and Supplementing Certain Articles of the Law on Intellectual Property dated June 19, 2009; Law Amending and Supplementing Certain Articles of the Law on Insurance Business and the Law on Intellectual Property dated June 14, 2019;

Pursuant to the provisions of Articles 73 and 74 of the Customs Law dated June 23, 2014;

Pursuant to Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance detailing control, 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, and Circular No. 13/2020/TT-BTC dated March 6, 2020 amending and supplementing certain articles of Circular No. 13/2015/TT-BTC;

The undersigned requests the Customs Administration to, pursuant to the Law on Intellectual Property, implement measures of examining and supervising import and export goods of the shipment suspected of violating Intellectual Property Rights, including the following content:

1. Applicant:Applicant:

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

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

2. Owner: Owner:

- ID No./passport No. (in case of individual): - Address: 3. Intellectual Property Rights for Protection

(clearly indicate: copyright/related rights/trademarks/geographic indicators, etc.):IP - Name of IP Right Certificate:

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

- No.: - Date of issue:

- Office of Issue:Address:

- ID No./passport No. (in case of individual): - Address: 3. Intellectual Property Rights for Protection

- Expiration: 4. Area for IP Protection

(clearly indicate: throughout the country or at specific Customs Administration): 5. List of Goods for IP Protection

(the applicant himself to identify and provide in order to assist Customs Administration in the process of cooperation):- Name of goods:

- HS code (08 digits): 6. Accompanied Documents(mark x at the accompanied document submitted):

- Intellectual Property Right Certificate; - Description of goods infringing intellectual property rights;

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

- List of legal goods importer(s) and/or exporter(s); - List of importers) and/or exporter(s) suspected of infringing intellectual property rights;

- Power of Attorney or Contract of Attorney; - Receipt of payment.

Full name, signature of the applicant and seal (if any) Form number 02-ĐTD/SHTT/2020

, date... MONTH...

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

APPLICATION OF REQUEST FOR TEMPORARY SUSPENSION OF DOING CUSTOMS PROCEDURE (Customs Administration issued the Announcement on temporary suspension of doing Customs procedure)

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); With the guarantee deposited at Customs Administration (Number of Cush Deposit Note/date/Bank... );

The undersigned kindly requests Customs Administration to temporarily suspend Customs procedure for the shipment (regarding the Announcement Number... dated... issued by the Customs Administration).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.

We commit to pay compensation for any damages and other costs arising from wrong temporary suspension of doing Customs procedure to the good owner in accordance with relevant laws and regulation.Description of goods infringing intellectual property rights;

||| Photos;||| Photos;

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

||| List ||| of legal goods importer(s) and/or export(s); ||| List of importers) and/or export(s) suspected of infringing intellectual property rights;

||| List of importers) and/or export(s) suspected of infringing intellectual property rights; ||| List of importers) and/or export(s) suspected of infringing intellectual property rights;

||| Power of Attorney or Contract of Attorney;||| Power of Attorney or Contract of Attorney;

||| Receipt of payment. ||| Receipt of payment.

||| Full name, signature of the applicant and seal (if any) - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).
||| Full name, signature of the applicant and seal (if any)

||| Form No. 02-ĐTD/SHTT/2020

SOCIALIST REPUBLIC OF VIET NAM

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

-------------

||| , date...

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

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

To/Đối với:...

||| (Customs Administration issued the Announcement on temporary suspension of doing Customs procedure)

||| 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 regulation at Articles 73 and 74 of Law on Customs N°54/2014/QH13 dated 23 June 2014;

||| Pursuant to the document ||| (number/date) of ||| (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); ||| (number/date) HAPPY ||| (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... ); ||| With the guarantee deposited at Customs Administration (Number of Cush Deposit Note/date/Bank... );

||| The undersigned kindly requests Customs Administration to temporarily suspend Customs procedure for the shipment (regarding the Announcement Number... dated... issued by the Customs Administration).||| The undersigned kindly requests Customs Administration to temporarily suspend Customs procedure for the shipment (regarding the Announcement Number... dated... issued by the Customs Administration). ||| The undersigned kindly requests Customs Administration to temporarily suspend Customs procedure for the shipment (regarding the Announcement Number... dated... issued by the Customs Administration).

||| 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. ||| 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. ||| 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. ||| 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.

||| We commit to pay compensation for any damages and other costs arising from wrong temporary suspension of doing Customs procedure to the good owner in accordance with relevant laws and regulation.||| We commit to pay compensation for any damages and other costs arising from wrong temporary suspension of doing Customs procedure to the good owner in accordance with relevant laws and regulation. ||| We commit to pay compensation for any damages and other costs arising from wrong temporary suspension of doing Customs procedure to the good owner in accordance with relevant laws and regulation.

||| Full name, signature of the applicant and seal (if any) - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).

||| Full name, signature of the applicant and seal (if any)

Form number 03-QDDT/SHTT/2020

Pursuant to …;

Regarding the suspension of customs procedures for goods

-------------

BRANCH CUSTOMS BUREAU DIRECTOR

On the basis of the Intellectual Property Law dated November 29, 2005; the Law amending and supplementing certain articles of the Intellectual Property Law dated June 19, 2009; the Law amending and supplementing certain articles of the Insurance Business Law and the Intellectual Property Law dated June 14, 2019;

On the basis of the Customs Law dated June 23, 2014;

On the basis of Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance on inspection, supervision, and 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; Circular No. 13/2020/TT-BTC dated March 6, 2020 amending and supplementing some articles of Circular No. 13/2015/TT-BTC;

According to the request for suspension of customs procedures number:...dated ... submitted by ...

Considering the proposal of…

DECISION:

Article 1. Suspension of customs procedures for the consignment: belonging to the customs declaration number:...date: ...at ...of ...address: ...upon the request of: ...address:

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

Article 2. The period of suspension of customs procedures is 10 (ten) working days from the date of signing this decision.

Article 3The customs authority, the applicant for suspension, and the consignor are responsible for implementing this decision./.

Form number 04-GTHH/SHTT/2020

Pursuant to …;

Regarding the extension of the suspension period of customs procedures

-------------

BRANCH CUSTOMS BUREAU DIRECTOR

On the basis of the Intellectual Property Law dated November 29, 2005; the Law amending and supplementing certain articles of the Intellectual Property Law dated June 19, 2009; the Law amending and supplementing certain articles of the Insurance Business Law and the Intellectual Property Law dated June 14, 2019;

On the basis of the Customs Law dated June 23, 2014;

On the basis of Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance on inspection, supervision, and 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; Circular No. 13/2020/TT-BTC dated March 6, 2020 amending and supplementing some articles of Circular No. 13/2015/TT-BTC;

On the basis of Decision No....dated...of...regarding the suspension of customs procedures;

According to the request for extension of the suspension period of customs procedures number:...dated...submitted by ...;

Considering the proposal of…

DECISION:

Article 1. Extension of the suspension period of customs procedures for the consignment:...belonging to the customs declaration number:...date:...at...of...address: upon the request of:...address:

Article 2. The period of suspension of customs procedures is ... working days, calculated from the day immediately following the expiration date of the Decision to suspend customs procedures number.....date:...

Article 3. The customs authority, the applicant for suspension, and the consignor are responsible for implementing this decision./.

Form number 05-TT/SHTT/2020

Pursuant to …;

Regarding the resumption of customs procedures for goods

------------

BRANCH CUSTOMS BUREAU DIRECTOR

On the basis of the Intellectual Property Law dated November 29, 2005; the Law amending and supplementing certain articles of the Intellectual Property Law dated June 19, 2009; the Law amending and supplementing certain articles of the Insurance Business Law and the Intellectual Property Law dated June 14, 2019;

Pursuant to the Customs Law dated June 23, 2014;

On the basis of Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance on inspection, supervision, and 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 and Circular No. 13/2020/TT-BTC dated March 6, 2020 amending and supplementing some articles of Circular No. 13/2015/TT-BTC;

Considering the proposal of…

DECISION:

Article 1. Continue with customs procedures for the consignment belonging to the customs declaration number:...date.../.../...of Company:...address...which was suspended from customs procedures according to Decision No...of Branch Customs Bureau...

Reason: ...

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

Article 3. The customs authority, the applicant for suspension, and the consignor are responsible for implementing this decision./.

Form number 06-TBTD/SHTT/2020

NOTICE
Regarding the suspension of customs procedures

---------------

On the basis of the Intellectual Property Law dated November 29, 2005; the Law amending and supplementing certain articles of the Intellectual Property Law dated June 19, 2009; the Law amending and supplementing certain articles of the Insurance Business Law and the Intellectual Property Law dated June 14, 2019;

Pursuant to the Customs Law dated June 23, 2014;

On the basis of Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Ministry of Finance on inspection, supervision, and 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; Circular No. 13/2020/TT-BTC dated March 6, 2020 amending and supplementing some articles of Circular No. 13/2015/TT-BTC;

On the basis of the notification in the letter No:...dated...of the General Department of Customs;

Suspicious signs of the above consignment infringing intellectual property rights:...

Within three (03) working days from the date of receipt of the notification, it is requested that...(applicant)...proceed with the procedure to suspend customs procedures in accordance with the provisions of the law. Information sent to the customs authority:

Branch Customs Bureau:...

Address/phone number:...

Bank account number:...Bank:...