Vietnam strengthens customs enforcement for IP protection
Vietnam has issued Circular No. 06/2026/TT-BTC (“Circular 06”), amending Circular No. 13/2015/TT-BTC on customs inspection and supervision for intellectual property (IP) rights protection at the border. Effective 1 March 2026, the Circular introduces significant reforms aimed at enhancing the effectiveness, transparency, and responsiveness of customs enforcement. The new framework reflects a shift toward proactive enforcement, digitalization, and expanded control over emerging trade channels, particularly e-commerce.
Key Regulatory Features
Circular 06 introduces several important changes to the existing regime:
1. Expanded authority for proactive suspension
A key highlight is the enhanced empowerment of the Customs Team Leader at the place of declaration to independently decide on suspending customs procedures for shipments showing signs of IP infringement. This marks a departure from the previous framework, where such measures largely depended on requests from IP rights holders. Suspension may now be applied: (i) upon request of IP rights holders to collect evidence for enforcement actions; or (ii) ex officio by customs authorities where there are sufficient grounds to suspect goods are counterfeit or infringing. This expansion enables more timely and effective intervention at the border.
2. Digitalization of procedures through the customs electronic system
Circular 06 introduces a digitalized process for IP border control measures. Applications for inspection and supervision must be submitted via the customs electronic data processing system, and subsequent communications from the Customs Authority are also conducted through this system, ensuring a streamlined and centralized process. Only where the electronic system is unavailable may applicants submit physical dossiers, with customs authorities issuing written notifications accordingly.
3. Simplification of application dossiers
The Circular significantly reduces the documentary burden for IP rights holders. Where protection titles or certificates are issued in electronic form and available on official websites, applicants are not required to submit physical copies, declaring the relevant details and providing the online source for verification suffices. Similarly, powers of attorney are no longer subject to strict notarization and legalization requirements, but are accepted under a simplified documentation regime.
4. Expanded control over e-commerce transactions
Circular 06 introduces a new Article 14a, establishing a specific legal basis for customs inspection and supervision of goods traded via cross-border e-commerce. It clearly states that, where clear grounds exist, e-commerce goods will be treated as conventional imported goods in inspection and supervision procedures. Customs authorities will apply risk management principles to monitor and control shipments, enabling more targeted enforcement in response to the growing use of e-commerce platforms for distributing infringing goods.
Strategic Outlook
Taken together, these reforms signal a clear transition from a reactive, paper-based system to a more proactive, digital, and intelligence-led enforcement framework. By empowering frontline customs authorities, streamlining procedures, and integrating electronic systems, while expanding oversight to e-commerce, Circular 06 represents a substantial upgrade to Vietnam’s IP border enforcement regime, bringing it closer to international best practices.
These changes are expected to significantly improve the speed and effectiveness of enforcement actions and reinforce Vietnam’s commitment to combating counterfeit and infringing goods. However, the practical impact of the new framework will ultimately depend on consistent implementation and effective coordination among customs authorities in practice.
Source Credit:
https://datafiles.chinhphu.vn/cpp/files/vbpq/2026/01/06-btc.pdf (Vietnamese)
https://thoibaotaichinhvietnam.vn/ngan-chan-vi-pham-so-huu-tri-tue-tu-cua-khau-193637.html (Vietnamese)