Circular No. 06/2026/TT-BTC issued by the Ministry of Finance (Vietnam) introduces important amendments to the customs’ intellectual property enforcement framework in Vietnam. The circular was issued on 26 January 2026 and took effect on 1 March 2026, updating the implementation rules previously established under Circular 13/2015/TT-BTC governing customs control of goods suspected of infringing Intellectual Property Rights (IPR).
The new regulation aims to strengthen border enforcement and improve the operational efficiency of customs authorities when handling suspected counterfeit or infringing goods. Key changes under this circular include:
- Proactive Customs Authority: Customs officials now have the power to proactively suspend clearance if they find clear evidence of counterfeit trademarks or pirated goods during routine inspections, even without a prior request from the IP holder.
- Digitalization: Applications for IP protection must now be submitted through the Electronic Customs Data Processing System. Paper filings are only permitted if the system is unavailable.
- E-commerce Oversight: For the first time, the regulation explicitly applies IP enforcement and risk management principles to goods traded via e-commerce platforms.
- Liability and Compensation: If Customs officials incorrectly suspend a shipment, the department must compensate the owner for damages and storage costs within 10 working days.
- Information Sharing: Customs must notify IP holders of a proactive suspension within 8 working hours and provide detailed information about the sender and recipient of infringing goods within 30 days of handling the violation.
For businesses engaged in cross-border trade, particularly brand owners and technology companies, the updated framework underscores the importance of timely customs recordation, accurate product identification data, and proactive monitoring of supply chains to ensure effective protection of intellectual property at the border.
Please refer to the official Circular 06/2026/TT-BTC: