Changes to Intellectual Property Customs Recordal under the Revised Customs Law

The Law Amending and Supplementing a Number of Articles of the Customs Law No. 11/2026/QH16, promulgated on 23 August 2026 and taking effect from 1 March 2027 (“Law No. 11”), introduces a number of important changes to the inspection, supervision and suspension of customs procedures applicable to imported and exported goods, and in particular to goods in transit, in connection with intellectual property (“IP”) rights.

These changes represent a significant step forward for Vietnam, bringing its regulations closer to international practice. Some of the notable changes are as follows:

Goods in Transit Are Now Listed as Subject to Suspension of Customs Procedures

Under the current regulations, only imported and exported goods related to IP rights may be subject to a request for the application of inspection, supervision and suspension of customs procedures measures. Law No. 11 now officially provides that goods in transit that are suspected of infringing IP rights are also subject to suspension of customs procedures.

It should be noted that suspension of customs procedures for exported, imported or transit goods that are suspected of infringing IP rights does not apply to goods for humanitarian aid, personal belongings, goods entitled to privileges and immunities, or luggage, gifts and presents within duty-free allowances.

However, Law No. 11 only adds goods in transit as subject to possible suspension of customs procedures in cases where the customs authority proactively inspects, supervises and controls, and detects clear grounds to suspect that the goods in transit are IP counterfeit goods. Meanwhile, where an IP right holder requests the customs authority to apply measures of inspection, supervision or suspension of customs procedures, this remains limited to exported and imported goods suspected of infringing IP rights, and does not extend to goods in transit in that case. Accordingly, it remains to be clarified whether an IP right holder may request the application of inspection, supervision and suspension of customs procedures measures with respect to goods in transit, or whether this is limited solely to proactive action by the customs authority.

In addition, under the IP Law, IP counterfeit goods comprise trademark-counterfeit goods, geographical-indication-counterfeit goods, and pirated copyright goods. Accordingly, this provision does not automatically apply to goods in transit suspected of infringing rights to industrial designs, patents, or other IP subject matter besides IP-counterfeit goods. Detailed guidance clarifying this issue is also needed.

Right of the IP Right Holder to Choose Where to File the Application for Customs Inspection and Supervision

Law No. 11 allows an IP right holder to choose to file its application for inspection and supervision of goods suspected of infringing IP rights at whichever Regional Customs Department is convenient, instead of filing only to Customs Departmentas before. Accordingly, depending on the IP right holder’s priorities and concerns — such as the border checkpoint through which the goods suspected of infringing IP rights will pass, the area where the warehouse or the importer is located, or the area where the customs authority has experience handling the specific type of goods — the IP right holder may select the Regional Customs Department at which to file its application.

However, one point that remains unclear is whether filing an application with a convenient Regional Customs Department will automatically result in customs inspection and supervision on a nationwide scale, or whether it will be limited to the area where the application is filed. It is hoped that this point will be clarified in the guiding document implementing Law No. 11.

Clearer Procedures and Shorter Processing Time

Law No. 11 sets out clearer procedures for cases where the customs authority proactively suspends customs procedures.

The time limit for reviewing an application has been shortened from 20 days to 10 working days; specifically, within 10 working days from the date of receiving a complete application for inspection and supervision, the Regional Customs Department must notify the IP right holder of its acceptance of the application, its request for supplementation, or its refusal of the application.

Should you require further assistance regarding the above matters, please feel free to contact us at the following e-mail address: hanoi@duongtran.vn.