On 11 August 2025, the General Department of Customs issued Official Letter No. 18518/CHQ-GSQL, providing detailed guidance on the protection of Intellectual Property in the Customs Sector. The document outlines key requirements for businesses, including registration for inspection and supervision of intellectual property rights, proper use of trademark protection indications on imported goods, and confirmation that the law allows parallel importation of genuine products that have been lawfully circulated in the market.
1. Registration for inspection and supervision of intellectual property at the Customs Authority
- The intellectual property right holder shall submit a dossier requesting inspection and supervision of import and export goods requiring protection of intellectual property rights to the Customs Authority.
- The dossier requesting inspection and supervision of import and export goods includes:
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- Application form according to Form 01 – ĐĐN/SHTT/2020.
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- Protection title or documents proving that the intellectual property rights are currently protected in Viet Nam.
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- Detailed description of infringing goods, photographs, identification characteristics distinguishing genuine goods and infringing goods.
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- List of entities lawfully importing and exporting, and list of entities suspected of infringement.
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- Lawful power of attorney (if any), and evidence of fee payment.
In case of amendments or supplements to the submitted documents, the enterprise that submitted the application shall be responsible for notifying the General Department of Customs of the information on such amendments or supplements.
- Processing process:
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- Check the validity of the dossier; request supplementation within 5 days if incomplete.
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- Refuse the application if conditions are not met or if supplementation is not made within 10 days.
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- Notify acceptance or refusal within 20 days from the date of receipt of a complete dossier.
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- If accepted, the information shall be updated into the database and sent to the provincial Customs Sub-Departments and the Anti-Smuggling Investigation Department.
2. Use of indications concerning trade mark protection status on imported product labels
a. Acts considered violations of such indications:
Affixing or providing misleading information that a trade mark is protected in Viet Nam when in fact it is not or is no longer protected (for example: expired or cancelled), including improper use of the symbol ®.
b. Acts not considered violations:
Improper use of the symbol ® but the goods or packaging (including supplementary labels for imported goods) contain truthful information regarding the protection status of the trade mark in Viet Nam.
(Article 1.5 of Circular No. 06/2024/TT-BKHCN amending and supplementing Circular No. 11/2015/TT-BKHCN)
3. Parallel importation of goods into Viet Nam
- The owner, transferee of the right to use, or manager of a geographical indication shall not prohibit others from importing, circulating or exploiting products which have been placed on the market by the owner or a lawful licensee (including those placed on foreign markets).
- This provision allows the parallel importation of genuine products which have been lawfully placed on the market.
(Article 125.2 of the 2005 Law on Intellectual Property, amended in Article 1.48 of the 2022 Law on Intellectual Property)
(According to Official Letter No. 18518/CHQ-GSQL dated August 11, 2025)
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