Vietnam: Actions against exported and imported goods being subjects of intellectual property right determined as counterfeit

1. If exported, imported goods are detected to be counterfeit, preventive and penalty measures in accordance with legislation on penalties for administrative violations shall be applied.

2. If exported and imported goods are detected with signs of counterfeit, the Director of the Sub-department of Customs shall request the customs declaration to provide documents related to the goods.

- A sale contract of goods or vouchers with equivalent value: 01 snapshot;

- A technical document or a written component analysis (if any): 01 snapshot.

3. If the owner of the genuine goods which are counterfeited is determined, the owner of genuine goods which are counterfeited shall provide documents related to goods (such as catalogs, assessment conclusions, and documents from abroad, results of handling of similar cases). If the owner of the genuine goods can not determined, customs dossiers, actual goods, analysis results of the risk information of goods and provisions of the legislation on goods shall be based to determine; customs control forces shall be cooperated to investigate, verify (if necessary) or transfer information, case files to customs control forces to investigate, verify and handle in accordance with the provisions below.

4. Verification of counterfeit goods shall be carried out as follows:

- While goods are detained or applied preventive measures as prescribed, Sub-department of Customs shall be responsible for the following tasks:

+ Request the owner of the genuine goods which are counterfeited (as the owner determined) to provide documents related to goods (such as catalogs, assessment conclusions, documents from abroad, results of handling of similar cases).

+ Coordinate with the owner of genuine goods which are counterfeited to sample to assess in technical organizations designated to inspect serving State management or assessment traders (in case the technical organizations designated to inspect have a written refusal) and base on the assessment concludes to carry out. If the customs declaration does not agree with this conclusion, complaints shall be made in accordance with the legislation.

Procedures for sampling, sampling techniques shall be carried out under the guidance in the Ministry of Finance’s Circular defining customs procedures; customs inspection and supervision; export tax, import duty and tax management for exported and imported goods.

+ Coordinate with anti-smuggling control force in the verification and investigation in accordance with defined operation.

+ Report to Customs Departments in central-affiliated provinces, inter-provinces cities and city (hereinafter referred to as Customs Departments at province and city level) and the General Department of Customs to promptly direct and resolve complicated cases, high value goods, involving many localities, regulatory agencies, and international organizations.

- If the duration of detaining or application of preventive measures as prescribed ends, and the basis to conclude that the suspected goods are counterfeit is sound, customs authority shall handle violations as prescribed in law.

- If concluding that the goods are not counterfeit, the customs authority shall continue the procedures for customs clearance of the goods as prescribed goods. The settlement of a complaint or compensation claims due to the detention of goods caused by the customs authorities of the goods owners shall comply with current regulations on settlement of complaints and indemnity of damages.

View more details at Circular No. 13/2015/BTC of the Ministry of Finance of Vietnam, effective from March 15, 2015.

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