View Procedure

Category

Application

Responsible Agency           

Sub Department of Customs

Address: Where the customs procedures are carried out

Phone:

Email:

Legal basis of the Procedure                   

• Customs Law No. 54/2014/QH13 dated June 23, 2014.
• Law No. 50/2005/QH11 on Intellectual property.
• Circular 13/2015/TT-BTC Defining inspection, supervision, temporary suspension of customs procedures for exported and imported goods that are subjects of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights.

Processing time

• Within 02 hours after receiving the complete and valid dossier.
• 10 working days for temporary suspension period

Fee

VND 0

No

Type of documents

Note

1

A written form of temporary suspension of customs procedures in the form 02-SHTT Circular 13/2015/TT-BTC

01 original

2

A Diploma of protection of industrial property rights or other documents of industrial property rights which are protected in Vietnam or Certificate of transfer contract registration of right to enjoyment of industrial property objects; Certificate of registration of copyright and rights related to copyright, plant variety rights or other documents of copyrights and rights related to copyrights, plant variety rights

01 copy signed, stamped and certified by the holders of intellectual property rights or authorized person

3

A detailed description of goods infringing intellectual property rights, photos, characteristics to distinguish genuine goods with goods infringing intellectual property rights

01 original

4

A list of legal exporters and importers goods required supervision; a list of people who may export and import of goods infringing intellectual property rights

01 original

5

Guarantee certificate of credit institutions

01 original or 20% of total value of goods package listed in the contract or at least 20 million VND if unsure about the value of goods

Step 1

Holders of intellectual property rights or authorized person shall submit an application for temporary suspension of customs procedures to the Sub-department of Customs where the customs procedures are carried out for the batches of exported goods)

Step 2

Customs authority receives and verifies dossier

• Issues decision for temporary suspending customs procedures
• Or a written document of the rejection of the applicant

Step 3

Verifies if goods violates with intellectual property rights or not

Step 4

Issues decision to detain the goods if violate the intellectual property rights

Step 5

Handle administrative violations on intellectual property

• Notify in writing to compel the infringer to pay the incurred expenses due to administrative violations
• Repay the paid amount to the person who requests for temporary suspension of customs procedures

Step 6

Continues the customs procedures

• In case of the intellectual applies with a valid reason to extend the suspension. Go back to Step 3 after suspension period expires
• Continues to proceed with customs procedures if there’s no violate with intellectual property

Step 7

Notify to the owners of intellectual property rights or legally authorized person to make payments to the owners of the incurred expenses

Repay the guarantee amount of money to the person who requests for temporary suspension