IP/N/1/VNM/O/7  
 
16 October 2013  
(13-5670)  Page: 1/14  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT 
VIET NAM 
This document reproduces the text1 of the unofficial translation of Circular No. 44/2011/TT-BCT 
guiding the struggle against smuggling and protection of intellectual property rights in customs, as 
notified by Viet Nam on 14 August 2013 under  Article 63.2 of the Agreement (see document 
IP/N/1/VNM/5). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
VIET NAM 
Le présent document contient le texte1 d e  l a  t r a d u c t i o n  n o n  o f f i c i e l l e  d e  l a  C i r c u l a i r e  
n° 44/2011/TT-BCT sur la lutte contre la contrebande et la protection des droits de propriété intellectuelle au niveau des douanes, notifié par le Viet Nam le 14 août 2013 au titre de 
l'article 63:2 de l'Accord (voir le document IP/N/1/VNM/5).  
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio 
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
V
IET NAM 
En el presente documento se reproduce el texto1 de la traducción no oficial de la Circular 
Nº 44/2011/TT-BCT, que establece directrices para la aplicación de medidas de lucha contra el 
contrabando y protección de los derechos de propiedad intelectual por las administraciones 
aduaneras, notificado por Viet Nam el 14 de agosto de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/VNM/5). 
 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VNM/O/7 
 
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THE MINISTER OF INDUSTRY AND 
TRADE 
--------------------  
No. 44/2011/TT-BCT SOCIALIST  REPUBLIC OF VIET NAM 
Independence - Freedom – Happiness 
---------------------  
Hanoi, April 01, 2011 
 
CIRCULAR OF THE MINI STRY OF FINANCE  
Guiding the struggle against smuggling an d protection of intellectual property 
rights in customs  
 
 Pursuant to the Law on Intellectual Property Right No. 50/2005/QH11 dated 
November 29, 2005; the Law on Amending, supplementing a number of Articles of the Law on Intellectual Property Right No. 36/2009/QH12 dated June 19, 2009;  
 
 Pursuant to the Law on Customs No. 29/2001/QH10 dated June 29, 2001; the Law on 
Amending, supplementing a number of Articles of the Law on Customs No. 42/2005/QH11 dated 
June 14, 2005;  
  Pursuant to the Law on Complaints and Denunciations No. 09/1998/QH10 dated 
December 02, 1998; the Law on Amending, supplementing a number of Articles of the Law on 
Complaints and Denunciations No. 26/2004/QH11 da ted June 15, 2004; the Law on Amending, 
supplementing a number of Articles of the Law on Complaints and Denunciations No. 58/2005/QH10 dated November 29, 2005;  
 
 Pursuant to the Ordinance on Handling of Administrative violations dated July 02, 2002; 
the Ordinance on Amending, Supplementing a Number  of Articles of the Ordinance on Handling of 
Administrative violations dated April 02, 2008;  
  Pursuant to the Decree No. 119/2010/ND-CP dated December 30, 2010 of the 
Government amending, supplementing a number of  Articles of the Decree No. 105/2006/ND-CP 
dated September 22, 2006 of the Government de tailing and guiding the implementation of a 
number of Articles of the Law on Intellectual Prop erty Right on Protection of Intellectual Property 
Rights and on State Management of Intellectual Property;  
 
Pursuant to the Decree No. 154/2005/ND-CP December 15, 2005 of the Government 
detailing a number of Articles of the Law on Customs on customs procedures and the inspection 
and supervision by customs offices;  
 Pursuant to the Decision No. 65/2010/QD-TTg dated 25/10/2010 of the Prime Minister 
promulgating the Regulation on responsibility and activity coordination among state administration 
agencies in the struggle against smuggling, fake goods and trade fraud;  
  Pursuant to the Decree No. 118/2008/ND-CP dated November 27, 2008 of the 
Government regulating functions, tasks, powers and organizational structure of the Ministry of 
Finance;  
 
The implementation of the Resolutions of the Government No. 25/NQ-CP dated 
June 02, 2010 on simplification of administrative procedures under the scope of management function of Ministry, Branch and No. 68/NQ-CP dated December 27, 2010 on simplification of 
administrative procedures under the scope of management function of the Ministry of Finance;  
 The Ministry of Finance guides the in the st ruggle against smuggling and protection of 
intellectual property rights customs as follows:  
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  Chapter I. 
 
GENERAL PROVISIONS 
 
Article 1. Scope of application  
  This Circular guides on the struggle against smuggling and protection of intellectual 
property rights customs.  
  Article 2. Subjects of application  
 
 Customs agencies at all levels; exporters, importers; organizations and individuals being 
owners of intellectual property rights, owners of  genuine goods being counterfeited or the legal 
representatives of the owners or other organizations and individuals involved.  
 
 Article 3. Interpretation of terms  
 
 The terms used in this Circular are construe d as follows: 1.   Fake goods include:  
  a) Faking quality and utility: the goods have no use value or use value not being proper to 
its origin, nature, names and the utility of goods;  
 
b) Faking labels and packaging of goods: goods being counterfeited names and addresses 
of other traders on label or packing of the same  goods, goods being counterfeited the indications 
of origin or place of manufacturing, packaging, assembling on the label or packing of goods;  
 c) Counterfeiting intellectual property as stipulated in Article 213 of the Intellectual 
Property Law including goods being branded, having sign identical to, or are difficult to distinguish 
marks, geographical indication under protection for the such goods without the permission of the 
brand's owner or of organization managing geogra phical indications; goods which are copies made 
without the permission of the subject of copyright rights or related rights;  
 
d) The types of decals, quality stamps, anti-counterfeiting stamps, warranty cards, shrink 
film seal with contents faking names and addres ses of traders, the origin of goods, place of 
production, packaging and assembling;  
 e) For goods to be subject to specialized management if the law has separate provisions, 
those provisions shall be applie d to identify fake goods.  
 2. Protection of intellectual property rights in the field of customs: is that the customs 
agencies apply the measures to control export and import goods related to intellectual property as 
stipulated in Article 216, item 2, Chapter XVIII of  the Intellectual Property Law and the measures 
specified in clause 8, 9, 10, Article 4, Chapte r I and item 5, Chapter III of the Customs Law and 
relative legal documents to detect, fight and handle violations of infringing intellectual property 
rights in the field of customs.  
 3. Suspension of customs procedures for goods being suspected or infringing intellectual 
property rights is the measure to be conducted at the request of subjects of intellectual property 
rights in order to gather information and evidence  of the goods lot for the subjects of intellectual 
property rights to conduct the request right to handle the infringement and to require the application of urgent reliefs or measures of prevention and ensuring administrative sanctions.  
 
 4. Customs inspections on fake goods, goods of  infringing intellectual property rights are 
those to check customs records, and relative docu ments and actual inspection of goods, transport 
means performed by the customs agencies in orde r to detect goods being suspected to be fake 
goods, goods of infringing intellectual property rights.  
 
 5. Customs supervision of fake goods, goods of infringing intellectual property rights are 
professional measures applied by the customs agen cies to ensure the original status of goods 
being subject to customs management.  
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  6. Customs control of fake goods, goods of infringing intellectual property rights are 
measures of patrol, investigation or other professional measures applied by customs agencies to prevent, combat smuggling and illegal transpor tation of goods being fake goods, goods of 
infringing intellectual property rights across borders.  
 
 7. Written application includes: the request for inspection and supervision of export and 
import goods related to intellectual property and applications for suspension of conducting customs 
procedures (forms are issued attached herewith).  
  8. The applicants are subjects of intellectual property rights (including owners of 
intellectual property rights and organizations and individuals are transferred the intellectual 
property rights by its owners) or persons are legally  authorized the intellectual property rights by 
subjects of intellectual property rights.  
 
 9. Infringement of intellectual property rights is the acts referred to Article 28, Article 35, 
Article 126, Article 127, Article 129 and Article 188 of the Intellectual Property Law.  
 
 Article 4. Rights and obligations of relative organizations, individuals 
 1. Being kept secret by the customs agencies for trade information supplied to such 
agencies, except for the cases that must supply to the functional agencies according to provisions 
of law.  
  2. Subjects of intellectual property rights , owners of genuine goods being faked or legal 
authorized representatives are participated in to gether with customs agencies in activities of 
inspection, supervision, control, definition, evidence collection to define goods infringing intellectual property rights, fake goods, process of handling violating goods, material evidence 
except for the case of necessary to protect trade secrets, state secrets according to law 
regulations.  
  3. Complaints and claims of decisions to handle fake goods, goods infringing intellectual 
property rights, the application of measures to control the exports and imports related to 
intellectual property of customs agencies under provisions of law on complaints and denunciations and the law on procedures for settlement of administrative cases.  
 
 4. Supplying to customs agencies the info rmation, documents related to export and 
import goods being suspected to infringe in tellectual property rights, fake goods.  
 
 5. Supporting and coordinating with customs agencies in handling, destruction of goods 
infringing intellectual property rights, fake goods.  
 
 Article 5. Powers and responsibility of customs agencies  
 1. Deploying the application of measures of control, customs supervision, customs control 
in accordance with the customs law, commercial law and intellectual property law for goods being 
suspected to be fake goods, goods infr inging intellectual property rights.  
 
 2. Explaining and guiding concerned organizations and individuals to comply with law 
regulations on against fake goods and execution to protect intellectual property rights, the provisions of the Customs Law, Law on Intellectual Property and guidance in this Circular. Notify in writing to concerned organizations and individu als on the result of settlement, handling.  
 
 3. Coordinating with state administration agencies, the function forces against fake goods 
and protect intellectual property rights in the combat and handling fake goods, goods infringing 
intellectual property rights in accordance with current law.  
  4. Requiring concerned individuals and organizations to hand in, present relative 
documents and vouchers to explain and clarify the doubtful question of the customs agencies on 
exports, imports infringing intellectual property rights, fake goods.  
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   5. Settling claims and complaints of concerned organizations and individuals on the 
handling of fake goods, goods infringing intell ectual property rights and the application of 
measures to control exports, imports related to intellectual property of the customs agencies in 
accordance with the law regulations.  
 
 6. Implementing the report regime, keeping documents, records relating to the act of 
against fake goods and protection of intellectual property rights under current provisions of the 
Customs Branch.  
   
Chapter II. 
 
INSPECTION, CUSTOMS SUPERVISION AND CUSTOMS CONTROL OVER FAKE 
GOODS, GOODS RELATING TO IN TELLECTUAL PROPERTY RIGHTS 
 
ITEM 1.  
 
INSPECTION, CUSTOMS SUPERVISION OVER FAKE GOODS DURING THE COURSE OF 
CUSTOMS PROCEDURES  
 
Article 6. Custom inspection 
 
 1. During the course of customs procedures  for imports, exports, the customs agencies 
are responsible for:  
 
 a) Inspecting and comparing the declared info rmation of the owners on the declarations of 
names, trademarks, origin, value, packing, goods quality and transport road of goods with 
information collected by the customs agencies to determine the signs of fake goods.  
  b) Inspecting and comparing the contents of the conclusions of the State administration 
agency on exports, imports, results of inspecting  customs record with the results of actual goods 
inspection.  
  c) Cross-checking inspection results with law regulations on fake goods. 2. When 
detecting goods having signs of infringement in the cases such as: - Importing goods does not 
comply with the labeling of goods as stipulated in Decree No. 89/2006/ND-CP dated 30/09/2006 of the Government on goods labeling, for example: fo od additives with no date of production, using 
instruction, importing cosmetics not writing the quantity, compositions.  
  - State inspection conclusion on quality or goods quality appraisal results identifying 
goods not reaching quality for import or export; not meeting technical standards, norms of 
Vietnam. For example: imported liquor does not reach standard of Vietnam or does not meet 
standards publicized; imported pharmaceutical products with pharmaceutical substance but not proper contents registered or with pharmaceutical substance different from the one written in 
label.  
  - Goods in the list or under notification of the State administration agencies that do not 
meet quality standards or are not allowed sellin g in the market. For example: pharmaceutical 
products from importing origin in which according to the notification of health agencies, their circulation is suspended due to not reach the quality standards.  
 
 - Content on labels of goods does not in accordance with the documentation supplied with 
the product, the standard mark, mark of confor mity; expired goods or signs of erasing expiry 
indicated on product packing. - Using the packing of other manufacturers for their own products or 
not recording barcode on products, barcode on the products inconsistent with the origin declared 
on customs declarations, certificates of origin. Leaders of the Customs Branches where detecting 
infringing goods shall consider, decide to apply me asures to prevent administrative violations and 
ensure the administrative sanctions under the current regulations and measures carried out to 
verify the goods in accordance with Article 7 of this Circular.  
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   3. Where detecting goods which have signs of violation upon information supplied by the 
owners of genuine goods being counterfeited,  the leaders of the Customs Branches where 
detecting goods with suspicion of violation shall be responsible for immediately notifying to the owners of genuine goods being counterfeited, and concurrently, considering to decide the 
application of measures to prevent administrative violations and ensuring the administrative 
sanctions under the current regulations and carrying out verification measures for goods under provision in Article 7 of this Circular.  
 
 Article 7. Verification and handling of goods  
  1. During the time the goods are temporarily detained or be subject to preventive 
measures as prescribed, the Customs Branches are responsible for performing the following tasks:  
  a) Requiring goods owners, owners of genui ne goods being counterfeited (as its owners 
are defined) to provide documents relating to  goods (catalog, the appraisal conclusion and 
documents from foreign countries, the results of handling similar cases ....).  
 
 b) Coordinating with goods owners, owners  of genuine goods being counterfeited their 
sample, to unify to select appraisal trader to conduct the appraisal. Conclusion of appraisal trader is valuable for the parties to implement.  
 
 c) Where the customs declarers and customs agencies are inconsistent in the selection of 
expertise trader, customs agencies shall select the technical organization appointed to inspect, serve the state management or expertise trader (in case of technical organizations appointed to 
inspect having written refusal). Conclusions of the technical organization appointed to inspect, 
serve the state management or expertise trader is valuable for the parties to implement. If customs declarer does not agree with this conclusion, the complaints may be made under the 
provisions of law. Procedures to take sample, techniques to take sample, place to store sample, 
time to store sample, the images of goods shall be  made under the guidance in clause 3, 4, 5, 6 
and 7, Article 15, Circular No. 194/2010/TT-BTC dated December 06, 2010 of the Ministry of Finance.  
 
 d) Coordinating with the control forces of anti-smuggling in the verification, investigation 
under professional skill stipulated.  
 
e) Reporting to the provincial, city Customs Branches and General Department of Customs 
for on time guidance to deal with complicated cases, goods with high value relating to many 
localities, state agencies and international organizations.  
  f) Decision on temporary release of goods for storage in accordance with provision in 
clause 4, Article 25 of the 2005 Customs Law amen ding and supplementing in cases goods owner 
having requirement to get goods for preservation.  
  3. Expiry of temporary detention or time to apply preventive measures as prescribed, if 
sufficient grounds to conclude that the suspected goods are counterfeit one, the customs agencies 
conduct to handle administrative violations in a ccordance in Chapter IV of the Circular. 4. Where 
the infringing goods having signs of crime as prescribed in the Penal Code, the customs agencies 
are responsible for transfer to the competent agencies to conduct investigations and prosecutions 
under the provisions of law.  
  5. Completing customs procedures for goods lot in the case the goods are concluded not 
being the counterfeit one. The settlement of complaints or claim of goods owners for compensation 
of damages caused due to the temporary detent ion of goods by customs agencies shall be 
conducted according to current regulations on settlement of complaints and compensation.  
  
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  ITEM 2.  
 
INSPECTION, CUSTOMS SUPERVISION TO GOODS RELATING TO INTELLECTUAL 
PROPERTY RIGHTS DURING THE COURSE OF CUSTOMS PROCEDURES 
 
 Article 8. Customs inspection   
 1. In the process of customs procedures for exports or imports goods, the customs 
agencies are responsible for:  
  a) Inspection and comparison between the information declared by the goods owners in 
the declarations on names, trademarks, origin, value, packing, quality of goods, road of 
transporting goods with information in the data system on application requesting for inspection and monitoring exporting and importing goods rela ted to intellectual property, risk management 
portfolio of intellectual property and information collected by customs agencies to determine the 
signs of goods infringing intellectual property rights.  
 
 b) Comparison between results of checking customs dossiers, the actual goods inspection 
and results of checking the information with provisions of law on goods infringing intellectual property rights and the provisions on procedur es controlling exports and imports related to 
intellectual property. 2. Upon detection of goods being suspected to infringe the intellectual 
property rights, the Customs Branches make the a nnouncement as prescribed in Article 9 of this 
Circular.  
 
3. Where there is no information requesting to  protect intellectual property rights, but in 
the process of inspection, the Customs Branches detect and suspect that imported goods faking on intellectual property (e.g. goods bearing brands of Vietnamese enterprises but was imported from 
abroad without sourcing contracts).  
  Leaders of Customs Branches direct the actu al inspection of goods, taking samples or 
photography of goods, exchange and supply of  information related to the unit being main 
responsible for intellectual property at the General Department of Customs, Customs Departments 
of provinces and cities to determine the completion of customs procedures or temporary detention of goods if the suspicion is identified being basis.  
 
 Article 9. Notification for suspected goods   
 1. Customs Branches notify to the applican ts for the suspected goods (according to Form 
No. 03-SHTT issuing together with this Circular) and fax to the applicants.  
  2. During three (03) working days from the date of notification of suspected goods, the 
Customs Branches are responsible for performing the following tasks:  
  a) Decision to suspend customs procedures after receiving the written request for 
suspension of customs procedures and ensuring mo ney (20% of goods lot value need to be applied 
measures of suspension of customs procedures or at least twenty million dong if could not 
determine the value of such goods lot) or guaran tee documents issued by a bank or other credit 
institutions specified in clause 2, Article 217 of Intellectual Property Law.  
 
 b) Where there are sufficient grounds to assert that the to be notified goods are 
counterfeit on intellectual property, Branches' le aders review the decision to immediately apply 
administrative measures to handle as prescribed in Article 214 and Article 215 of Intellectual 
Property Law. At the same time coordinate with the control forces at all levels to verify and collect information of the goods in accordance with provisions.  
 
c) Continuing to conduct customs procedures for goods lot in case of not being received 
written request for suspension of customs procedures, not receiving guarantee money or 
guarantee documents.  
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   Article 10. Suspension of customs procedures  
  1. Customs Branches decide to suspend customs procedures (according to Form No. 04- 
SHTT attached herewith). Decision to suspend is sent by registered mail and fax to the concerned 
parties.  
  2. The duration of suspension of customs procedures is 10 (ten) working days since the 
date that applicants for suspension receive the decision to suspend customs procedures. In case of 
arising requirement for expertise or professional consultation from the State administration agencies on intellectual property, customs agen cies will continue the suspension of customs 
procedures until they get the expertise result or  expert opinion. Customs Branches where have 
decided the suspension implement the extension of the duration to suspend after the applicant has 
an application for extension enclosed with the guarantee money or guarantee documents according to law regulations and notify to th e applicant, goods owner and concerned parties 
(according to Form No. 05-SHTT issuing together with this Circular).  
  3. During the time of suspension or time to apply preventive measures as prescribed, the 
Customs Branches where have decided the suspensi on are responsible for performing the following 
tasks:  
  a) Requiring goods owners, owners of intell ectual property rights to provide documents 
relating to goods (catalog, the expertise conclusi on, documents from foreign countries and results 
of handling similar cases ....).  
 
b) Directly requiring for expertise in the expertise organization as stipulated in clause 1, 
Article 40 of Decree No. 105/2006/ND-CP dated September 22, 2006 or of the Government or consulting the expertise opinions of the State ad ministration agencies on Intellectual Property.  
 
c) Arranging for organizations, individuals to take sample to implement its right of 
expertise requirements as specified in cl ause 2 of Decree No. 105/2006/ND-CP dated 
September 22, 2006 of the Government.  Procedures to take sample, techniques to take sample, 
place to store sample, time to store sample of the goods comply with the guidance in clause 3, 4, 
5, 6, Article 15 of Circular No. 194/2010/TT-BTC dated December 06, 2010 of the Ministry of Finance.  
 
d) Conducting the additional expertise, re-expertise in accordance with provision in 
Article 50 of Decree No. 119/2010/ND-CP dated December 30, 2010 of the Government on 
amending, supplementing a number of Articl es of Decree No. 105/ 2006/ND-CP dated 
September 22, 2010 by the Government.  
 e) Coordinating, exchanging with State administ ration agencies on intellectual property in 
the area when having dispute, claim for the righ t subject, protection capability, the scope of 
protection of intellectual property rights, competence to handle violations.  
 
g) Reporting to the provincial, city Customs Department and Customs General Department 
for direction to handle timely in case of suspended goods lot having high value; goods being suspected to infringe intellectual property rights  of famous brands; the case involving in many 
localities, state agencies, international organizations; having disputes arising, complaints related 
to rights subjects, the protection capability, scope  of protection of property intellectual rights, 
competence to handle violations.  
 
4. Expiration of suspension of customs procedures or time to apply preventive measures as 
prescribed, the Customs Branches where have decided the suspension are responsible for performing one or simultaneously performing the following tasks:  
 
a) Deciding to settle the case according to administrative procedures when asserting that 
suspended goods infringing the intellectual proper ty rights on the basis of the conclusion of 
intellectual property expertise organizations (in the case for expertise requirement); professional 
opinions of the State administration agencies on intellectual property, the other State administration agencies (in the case of collecti ng professional opinions), documents, evidence 
supplied by subjects of intellectual property rights. Deciding to temporarily detain goods in cases 
of having grounds to assert that suspended goods are fake goods on intellectual property; goods IP/N/1/VNM/O/7 
 
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  infringing intellectual property rights are the foodstuff items, food, pharmaceutical, cosmetics, food 
for livestock, fertilizers, veterinary drugs, plant protection agents, building materials.  
 b) Completing customs procedures to suspended goods according to provision in Article 11 
of this Circular.  
 c) Implementing according to opinion of the court in case of civil suitcase.  
 
d) Handing over the cases for other intellectua l property executing agencies to handle in 
case of defining the violations not belonging to competence to handle of the customs agencies.  
 
e) Suspending the handling after receiving document from the state administration 
agencies on intellectual property to notify of th e dispute, claim for the right subject, protection 
capacity, and scope of intellectual property protection.  
 
g) Handling over to the competent agencies to conduct the investigation, prosecution 
according to law regulations in case of defining violations having crime signs as provided in the 
Penal Code.  
 Article 11. The continuing of customs procedures  
1. The Custom Branches to decide the suspension is responsible for continuing to conduct 
customs procedures for the goods lot and notifies to relevant parties (upon Form No. 06-SHTT attached hereto) in the cases: 
 
a) Not received written confirmation of the court that the agency received the written 
request for dispute settlement on infringement of intellectual property rights relating to the goods 
lot being suspended the customs procedures and not handling the case according to procedure of 
handling administrative violations for the goods lot exporter and importer.  
 b) The Decision to suspend the customs procedures is terminated or withdrawn according 
to the decision to settle complaints and denunciations;  
 c) The requester withdrew the written request for suspension of customs procedures 
except for exports, imports are intellectual property fake goods; stamps, labels and other products 
bearing the trademark, fake geographical indications.  
 
d) Conclusion of the competent agencies that there are insufficient grounds to determine 
the violation.  
 e) Other cases according to law regulations.  
 
2. Within 10 (ten) working days since the date of completing custom procedures for the 
goods lot being suspended, the Custom Branches is responsible for:  
 
a) Sending written notification forcing the requester for suspension of customs procedures 
to pay the costs of warehousing, storage of goods and other expenses incurred by the customs 
agencies and other relevant agencies, organizations and individuals in accordance with the law 
regulation on customs.  
 b) Refunding to the requester for suspension of customs procedures the remaining 
guarantee money after having done the obligations of compensation and payment for costs in 
accordance the law regulations. 
 
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  ITEM 3. 
 
CUSTOMS CONTROL FOR FAKE GOODS, GOODS RELATING TO INTELLECTUAL 
PROPERTY 
 
 Article 12. Responsibility of customs control force   
1. Customs control force applies custom control professional measures according to 
provision in Decision No. 65/2004/QD-TTg dated April 19, 2004 of the Prime Minister to conduct 
the investigation, detection, detention and handling of goods infringing intellectual property rights and fake goods under regulations of law.  
 
In the scope of customs operational area, customs control force is responsible for control 
over fake goods, goods relating to  intellectual property rights.  
 
Out of the scope of customs operational area, customs control force is responsible for 
coordination with concerned function agencies to implement measures to inspect, detain and 
handle as prescribed. 2. When performing duties, customs control force is entitled to require 
relevant organizations, individuals, customs units  at all level to supply dossiers, documents, to 
coordinate with, create conditions in order to perform its assigned function, duties.  
 
Article 13. Deployment of control professional skill  
 1. Customs control force actively collects information according to law regulations to catch 
situation and detect objects, modes, tricks of violating operations relating to fake goods and goods 
infringing intellectual property rights.  
 
2. When receiving or detecting information on fake goods, goods infringing intellectual 
property rights, the customs control force directly inspect or coordinate with the Customs Branches to conduct procedures for inspection; cross-check with relative law regulations and detected actual goods to issue decision to temporarily detain goods.  
 
3. Conducting the collection, evidence veri fication, inspection, crosschecking, assessing 
supplied information relating to fake goods, goods infringing intellectual property rights with actual 
goods being detained, suspended to determine violating goods.  
 4. In case of having grounds to determine violating goods, applying preventive measures 
according to law regulations on handling of administrative violations and implementing next steps 
as provided in Chapter IV of this Circular. In case of not having grounds to determine violating goods and then transferring dossiers to the Customs Branch for continuing customs clearance for the goods lot.  
 
 
Chapter III. 
 
RECEIPT AND SETTLEMENT OF WRITTEN RE QUEST FOR CONTROLLING IMPORTING, 
EXPORTING GOODS RELATING TO INTELLECTUAL PROPERTY 
 
 Article 14. Provision on written request   
1. Applicant applies to the customs agencies 01 original of written request (upon Form 
No. 01-SHTT, No. 02-SHTT attached herewith) when having requirement for inspection, supervision or suspension of customs procedures.  
 
2. Competence to receive written request.   
a) General Department of Customs (Anti-smuggling and Investigation Department) 
receives written request for inspection, supervis ion of importing, exporting goods relating to 
intellectual property.  
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  b) General Department of Customs (Anti-smuggling and Investigation Department), the 
provinces, cities Department of Customs and the Customs Branches receive written request for suspension of customs procedures.  
 
3. Effective time of the written request.  
 a) Written request for inspection, supervision of importing, exporting goods relating to 
intellectual property is in effect for 01 (one) year since the time the customs agency notifies to 
accept the written request and is extended one additional year when applicant has request for extension.  
 
b) Within 10 (ten) days since the date of receipt of the effective document requesting for 
extension of the written request for inspection, supervision of importing, exporting goods relating to intellectual property, General Department of Customs (Anti-smuggling and Investigation 
Department) is responsible for notifying to the applicant and relative customs units on the 
handling result.  
 
4. The applicant is responsible for notify ing to the customs agencies for changing 
requesting contents (including narrowing/open ing objects of intellectual property rights, 
narrowing/opening list of goods with requirement of inspection, supervision) during the effective period of written request.  
 
Article 15. Documents attached to the written request   
1. Applicants are responsible for applying to the customs agencies the certified true copy 
the following documents, each type of document  shall be one copy. In case of any doubt to 
documents applied by applicant, the customs agencies must cross-check with the originals to 
ensure the accuracy.  
 a) Evidence to prove the right subject in acco rdance with provision in Article 24 of Decree 
No. 119/2010/ND-CP of December 30, 2010 of the Government.  
 
b) Documents relating to goods with request for inspection, customs supervision, include: 
List of exporters, importers of lawful goods; Me thod of importing, exporting genuine goods; sheet 
to distinguish genuine goods fake goods; Docume nts on origin of genuine goods, its images.  
 c) Authorization letters or contracts to authorize for application (in case of being 
authorized to the application) in case of authorization. Authorization letters from abroad must be 
legalized by consular according to regulations.  
 d) Information estimating time and place to conduct goods import, export procedures (if 
any).  
 e) Expertise result of the expertise organizations on intellectual property (if any).  
 
g) Handling conclusion of other execution agencies for the similar violations detected and 
processed (if any).  
 
h) Payment vouchers or bank guarantee documents or of the credit institutions to ensure 
the implementation of relevant obligations in case  of request for suspension of customs procedures 
specified in clause 2, Article 217 of Law Intellectual Property.  
 
2. The documents specified in clause 1 point of this Article, if they have been already 
submitted to the customs agencies attached to th e written request for inspection and supervision 
of goods related to intellectual property, then wh en filing the written request for suspension of 
customs procedures, the applicant shall not be required to hand in. 3. The applicant may hand in to the customs agencies the documents provided in Article 14, 15 of this Circular under the form of 
written paper and electric file, floppy disk.  
 IP/N/1/VNM/O/7 
 
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  Article 16. Inspection and handling of application  
 1. Contents of inspecting application  
a) Application, relative documents were in full according to provision in clause 1, Article 14 
and clause 1, Article 15 of this Circular.  
 
b) Competence to receive application of customs agencies.  
 c) Applicant's status according to law regulations.   
d) Effective time limit of certificates of protection of intellectual property rights.  
 e) Documents, samples, objects (or photographs) suitable to the content of the intellectual 
property rights with protection requirement or contents to denounce violations.  
 g) Authorization content in accordance with the operational function of the customs agency 
and the applicant (if being authorized to apply).  
 2. Time limit for settling application   
No later than 20 (twenty) days since the date of receiving the application for inspection 
and monitoring of exports, imports, and no later than 16 (sixteen) working hours from the time receiving the application for suspension for customs procedures, the customs agencies receiving 
the application are responsible for notifying in wr iting to the applicant of the acceptance of the 
application or not. For applications for suspension of customs procedures, Customs Branches issue the decision to suspend the customs procedures replacing the application acceptance notification.  
 
3. Refusal of receiving application   The customs agencies refuse to receive application in the cases.  
 
a) The application is sent to the incorrect competent agencies to receive it.   
b) Having grounds to asset that applicant is insufficient status to apply in accordance with 
law regulations.  
 
c) The application is flawed and althou gh amendment had been requested but the 
applicant still fails to perform or performed but unsatisfactory.  
 d) During the handling of the application, th e customs agencies receive papers of the State 
administration agency on intellectual property notifying the disputes or complaints on the right 
subject, protective capacity, the scope of pr otection of intellectual property rights.  
 
4. Implementing the application for inspection and monitoring of exports, imports  
 a) General Department of Customs (Anti-Smuggling and Investigation Department) 
forwards the application and notifies the acceptance of application to the provincial, city 
Department of Customs, control team under Anti-Smuggling and Investigation Department.  
 b) Customs Departments of provinces and cities receiving the notice, the application from 
the General Department of Customs and forward to the Customs Branches, concerned functions 
department and the control team under the Department of Customs.  
 
c) Customs Branches receive the notice, the application from the provincial, city Customs 
Departments and forward to the team, profe ssional group and concerned individuals.  
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  5. Implementing the application for suspension of customs procedures.  
 a) Based on the nature and seriousness of the case and of the violations or each specific 
case, the receiving agency will send directly to the Customs Branch where the procedures of 
customs are implemented for the goods lot being suspected of infringing or to the smuggling 
combat control forces to implement in case the application receiving agency is the General Department of Customs/Customs Departments of provinces and cities.  
 
b) Customs branches' leaders are responsibility for organizing, deploying to the team, 
professional group and concerned individuals to perform in case Customs Branch receiving the 
applications.  
 
Article 17. Expiration of the application   
General Department of Customs (Anti-Smuggling and Investigation Department) are 
responsibility for notifying to concerned customs units for the cancellation of application for inspection, supervision the imports, exports relating to intellectual property in case.  
 
a) The applicant has a written request for terminating the inspection and supervision of 
customs agencies for goods with protection requirement.  
 
b) Expiry of validity of the written request fo r inspection and supervision, the applicant has 
no written request for extension.  
 
c) State administration agencies on intellectu al property notify the cancellation of the 
protection certificate of intellectual property rights granted to the applicant.  
 
 
Chapter IV. 
 
HANDLING OF VIOLATIONS 
 
Article 18. Determination of value of violating goods   
1. The value of goods infringing intellectual property, fake goods in customs is determined 
on the basis of the declared value of the goods owner on the declarations, including all types of taxes (if any). The goods value and the basis to valuate must be clearly stated in the minutes of 
administrative violations and stored in case files.  
 If having the basis to assert the goods value of the goods owner declared on the 
declarations is not correct, customs agencies carry out to define according to current regulations 
the customs valuation determination at the time to make records of administrative violations.  
 2. In case goods infringing industrial prop erty rights may not determine value, customs 
agencies based on the provision in clause 13 Article 10, clause 12 Article 11, clause 11 Article 12, 
clause 8 Article 14 of Decree No. 97/2010/ ND -CP dated September 21, 2010 to conduct the 
application of the fine form to organizations, indi viduals committing violation. 3. In case value of 
fake goods is determined upon other bases, implementing according to guidance in clause 2 
Article 63 of Decree No. 06/2008/ND-CP dated January 16, 2008 of the Government.  
 Article 19. Handling of violations of in fringing intellectual property rights  
 
1. The handling of violations of infringing intellectual property rights, goods infringing 
intellectual property rights shall be implemented according to guidance in the Decree 
No. 97/2010/ND-CP dated September 21, 2010, Decree No. 47/2009/ ND-CP dated May 13, 2009, 
Decree No. 54/2005/ ND-CP dated April 27, 2005 and relative legal documents.  
 
2. Within 10 (ten) working days since the effe ctive date of the decision to sanction, the 
customs agencies are responsibility for:  
 a) Notifying in writing to force the violators to pay expenses arising due to administrative 
violations.  IP/N/1/VNM/O/7 
 
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b) Refunding the paid guaranteeing amount to the person requesting suspension of 
conducting customs procedures.  
 
Article 20. Handling of violations of infringi ng fake goods (except for the fake goods on 
intellectual property rights)  
 
The handling for violations is implemented according to guidance in Decree 
No. 06/2008/ND-CP dated January 16, 2008, Decree No. 112/2010/ND-CP dated December 01, 2010 of the Government and documents to guide the implementation.  
 
 
Chapter V. 
 
IMPLEMENTATION ORGANIZATION 
 
Article 21. Responsibility of implementation  
 
1. The General Department of Custom is responsible for guiding, directing the subordinate 
units to implement specifically the provisions in this Circular.  
 
2. Customs agencies, customs declarer, applicants requesting for controlling import, export 
goods relating to intellectual property, violating denunciators and relative organizations, individuals are responsible for the implementation according to current provisions and guidance in 
this Circular.  
 Article 22. Reward and handling of violations  
 
1. Customs agencies, customs officers having achievements in the struggle of fake goods 
and protection of intellectual property rights shall be considered to reward according to current regulations.  
 
2. Customs agencies, customs officials lacking a sense of responsibility, causing damages 
to the applicants or owners of goods being infr inged intellectual property rights or being faked 
goods, the customs declarers, depending on the natu re and seriousness of their violations, shall be 
disciplined or prosecuted for criminal liability according to law regulations.  
 
Article 23. Effect  
 1. This Circular takes effect on May 19, 2011, replaces the previous guiding documents 
contrary with provisions in this Circular.  
 
2. During the enforcement, if obstacles arise, the relative persons need to reflect promptly 
on the Ministry of Finance for studying, handling.  
 
    
FOR THE MINISTER  
 
DEPUTY MINISTER 
  
 
 
Do Hoang Anh Tuan  
 
 
__________