Vietnam approves customs law changes to strengthen IP enforcement


Aug 23 (Reuters) – – Vietnam’s National Assembly on Sunday approved amendments to the customs law that strengthen customs powers to intercept ‌counterfeit and intellectual property-infringing goods, a move that could address some ‌concerns raised in a U.S. trade investigation into the country’s protection and enforcement of ​intellectual property rights.

• The changes come after the U.S. Trade Representative in May launched a Section 301 investigation into Vietnam’s intellectual property regime after designating the country a “priority foreign country” in its annual Special 301 review.

• Among ‌the concerns cited by ⁠USTR were widespread counterfeiting, weak border enforcement, limited use of customs’ authority to seize suspected counterfeit goods on its ⁠own initiative, and the absence of similar powers over goods transiting Vietnam.

• The revised law, which takes effect in March 2027, expands customs enforcement ​provisions to ​cover not only imported and exported ​goods but also goods transiting ‌through Vietnam, broadening the range of shipments that may be subject to intervention by customs authorities.

• Under the amendments, customs authorities retain the power to suspend clearance when rights holders provide evidence of possible infringement and a financial guarantee. Customs officers may also proactively halt the clearance of ‌imported, exported or transit goods if ​they identify clear signs of counterfeiting or ​other intellectual property violations.

• The ​law also introduces new provisions governing goods traded through ‌e-commerce platforms, as Vietnam experiences rapid ​growth in cross-border ​online shopping, much of it supplied by Chinese merchants.

• Goods imported and exported through e-commerce platforms will be required to undergo customs ​procedures and remain subject ‌to customs supervision, while platform operators and logistics providers will ​be required to provide relevant information to customs authorities.

(Reporting by ​Khanh Vu; Editing by Raju Gopalakrishnan)



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