Procedures for proactively suspending customs clearance for export and import goods that exhibit signs of infringing copyright and related rights in Vietnam

Procedures for proactively suspending customs clearance for export and import goods that exhibit signs of infringing copyright and related rights in Vietnam​ (Image from the Internet)

1. Right to request control of import and export goods related to copyright and related rights in Vietnam

According to Article 86 of Decree 17/2023/ND-CP, the subject of copyright and related rights has the right, directly or through a legal representative or an authorized representative, to submit a request for inspection and supervision to detect export and import goods suspected of infringing copyright or related rights. Alternatively, they may submit a request to temporarily suspend customs procedures for export and import goods suspected of infringing copyright and related rights.

2. Procedures for proactively suspending customs clearance for export and import goods that exhibit signs of infringing copyright and related rights in Vietnam

According to Article 89 of Decree 17/2023/ND-CP, the authority, sequence, and procedures for proactively suspending customs procedures for export and import goods suspected of infringing copyright and related rights are as follows:

- During the process of inspection, supervision, and control, if clear grounds are found to suspect that the export and import goods are counterfeit, the Customs Sub-department proactively suspends customs procedures for those goods.

- The Customs Sub-department must issue a decision to suspend customs procedures and promptly notify the copyright and related rights holder, if contact information is available, and inform the importer or exporter about this suspension.

- The suspension period for customs procedures is 10 working days from the date the Customs Sub-department issues the decision to suspend customs procedures.

- During the suspension period, the Customs Sub-department, which decided to suspend, has the responsibility to perform the following tasks:

+ Request the importer, exporter, or the copyright and related rights holder (if contact information is available) to provide relevant documents related to the goods (such as catalogs, assessment conclusions, foreign documents, results of handling similar cases);

+ Take samples or allow organizations and individuals to take samples for assessment or additional assessment at a customs specialist entity or other assessment organizations according to regulations (if necessary);

+ Coordinate and exchange with the specialized management agencies of the Ministry of Culture, Sports, and Tourism concerning copyright and related rights for the determination of rights holders, protection capabilities, scope of protection, authority to handle copyright infringement (if necessary);

+ Report to the Provincial, City Customs Departments and the General Department of Customs to promptly resolve complex cases.

- At the end of the suspension period for customs procedures:

+ If the customs authority determines that the suspended goods are counterfeit and the infringement falls under the customs authority’s jurisdiction, the customs authority will handle the administrative violation regarding copyright infringement, infringing goods according to the law. If the infringement does not fall under the customs authority's jurisdiction, the customs authority will transfer the case to other enforcement agencies for handling;

+ If the applicant initiates a civil lawsuit, the customs authority follows the court's decision;

+ If the copyright infringement shows signs of a crime according to the Criminal Code 2015, the customs authority transfers the case for investigation and prosecution according to the law;

+ If the customs authority determines the suspended goods are not counterfeit, it continues the customs procedures for the goods and informs the related parties.

- In case the customs authority proactively suspends customs procedures incorrectly, causing damage to the goods owner, the Customs Sub-department must compensate the goods owner for damages and pay the arising costs as prescribed.

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