Vietnam: In what cases will measures to inspect and supervise exports and imports that are subject matters of IPRs be terminated?
- What does the application for inspection and supervision of exports and imports that are subject matters of IPRs in Vietnam include?
- What are the regulations on receiving and processing applications for inspection and supervision of exports and imports that are subject matters of IPRs in Vietnam?
- In what cases will measures to inspect and supervise exports and imports that are subject matters of IPRs in Vietnam be terminated?
What does the application for inspection and supervision of exports and imports that are subject matters of IPRs in Vietnam include?
According to the provisions of Article 6 of Circular 13/2015 / TT-BTC (amended and supplemented by Clause 4 Article 1 of Circular 13/2020 / TT-BTC) as follows:
- The applicant shall submit an application for inspection and supervision of exports and imports that are subject matters of IPRs to the General Department of Customs through the e-customs system. The application includes:
+ An application form, which is made using the Form No. 01 - DDN/SHTT/2020 in the Appendix issued with Circular 13/2015 / TT-BTC;
+ An industrial property right protection certificate or another document proving that the industrial property rights are under protection in Vietnam or certificate of registration of the contract for licensing of an industrial property object; certificate of registration of copyright and related rights and plant variety rights or other documents proving copyright and related rights and plant variety rights;
+ A detailed description of IPR-infringing goods, photos and characteristics intended for distinguishing genuine goods from IPR-infringing goods;
+ A list of legal exporters and importers of goods that are required to undergo supervision; a list of persons who may export and import of IPR-infringing goods;
+ A power of attorney (if the applicant authorizes another to submit the application).
+ A receipt of payment of customs fees.
- If any revision is made to the documents provided to the General Department of Customs as prescribed in this Article, the applicant shall notify the General Department of Customs of information about number and date of the notice of inspection and supervision acceptance issued by the customs authority and revisions enclosed with documents related to the revisions by using the method specified in this Article.
If the e-customs system is unresponsive or fails, the applicant shall submit 01 physical application including the documents specified in this Article through the single-window system of the General Department of Customs or by post to the General Department of Customs (the Customs Control and Supervision Department).
- The documents under the above regulations must be originals; the documents specified in Points b, dd and e Clause 1 of this Article must be photocopies bearing the signature and seal of the IPR holder or legal authorized person.
What are the regulations on receiving and processing applications for inspection and supervision of exports and imports that are subject matters of IPRs in Vietnam?
According to the provisions of Clause 1 Article 7 of Circular 13/2015 / TT-BTC (as amended by Point a Clause 5 Article 1 of Circular 13/2020/TT-BTC), after receiving a sufficient application as prescribed in Article 6 of this Circular, the customs authority shall inspect:
+ Legal status of the applicant in accordance with the law;
+ Conformity of contents of the application with those of the enclosed documents; effective period of the IPR protection certificates;
+ Conformity of the photos with contents of IPRs that require protection or contents of the denunciation of violations;
+ Conformity of contents of the power of attorney with regulations of law;
If the application is insufficient, within 05 working days from the receipt of the application, the customs authority shall request the applicant in writing to provide additional documents.
In what cases will measures to inspect and supervise exports and imports that are subject matters of IPRs in Vietnam be terminated?
Pursuant to Clause 2 Article 8 of Circular 13/2015/TT-BTC (amended by Clause 6 Article 1 of Circular 13/2020/TT-BTC) on cases in which inspection and supervision measures are terminated as follows:
- The effective period specified in the notice of application acceptance expires but the applicant fails to submit an application form for extension;
- The applicant shall submit an application form for termination of measures to carry out customs inspection and supervision of goods that are subject matters of IPRs to the General Department of Customs (Customs Control and Supervision Department);
- The intellectual property authority shall send a notice of invalidation of the IPR protection certificate issued to the applicant;
- The customs authority has grounds for determining that documents in the application for inspection and supervision are expired or forged.
In the cases other than case where effective period specified in the notice of application acceptance expires, the General Department of Customs (Customs Control and Supervision Department) shall send a written notification to the provincial Customs Department, Smuggling Investigation and Prevention Department and applicant within 5 working days from the date on which the applicant's application form or regulatory authority's notification is received.
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