New Amendments To Vietnam’s Customs Law Will Aid IP Enforcement

On August 23, 2026, Vietnam’s National Assembly passed Law No. 11/2026/QH16, amending the country’s Customs Law with effect from March 1, 2027. The amendments represent a substantial reform of Vietnam’s customs-based intellectual property enforcement regime.

The reforms come amid considerable external pressure. In its 2026 Special 301 review, the US Trade Representative (USTR) designated Vietnam a “priority foreign country,” citing widespread counterfeiting, weak border enforcement, limited ex officio customs powers, and the absence of controls over goods in transit. Vietnam’s legislative response signals a commitment to bringing its border enforcement practices into line with international expectations.

For IP rights holders operating in or through Vietnam, the amended law introduces several tools that substantially strengthen enforcement options at the border.

Closing the Transit Gap

One of the most consequential amendments is the extension of IP-related customs enforcement to goods in transit. Previously, Vietnam’s customs regime applied IP controls only to goods being imported or exported, a gap the USTR had specifically identified as enabling infringing goods to pass through Vietnamese ports with impunity.

Vietnam’s geographic position as a logistics hub for Southeast Asia means that substantial volumes of goods transit its ports and free-trade zones. Extending enforcement to cover these shipments brings Vietnam closer to the standard set by the EU’s customs enforcement regulation and addresses a longstanding concern of multinational brand owners whose goods are frequently counterfeited in the region.

Strengthened Suspension and Ex Officio Powers

The amended law introduces a dual-track suspension mechanism (Article 73(2)). Customs authorities will suspend clearance upon request by an IP rights holder (or authorized representative) who provides evidence of IP ownership, evidence of infringement, and a financial guarantee. Customs can now proactively suspend clearance on an ex officio basis if, during inspection and monitoring, they discover “clear grounds” to suspect that imported, exported, or transit goods are IP counterfeits.

The law also provides sensible carve-outs (Article 73(3)) to ensure that enforcement targets commercial counterfeiting without burdening legitimate movement. Suspension measures do not apply to humanitarian aid, personal effects, diplomatic and privileged goods, passenger luggage, or gifts within duty-free limits.

New Customs Recordal and Monitoring Framework

The amended law establishes a detailed customs recordal and monitoring system, which allows rights holders to register their rights with customs for border screening (Article 74). IP rights holders may file monitoring applications at any convenient regional customs office, removing the previous requirement to engage with central-level authorities.

Once monitoring is in place, the system operates with notable speed. If a suspect shipment is detected, customs must immediately notify the IP rights holder. Even without prior recordal, rights holders can request suspension if they satisfy certain conditions. After receiving a complete suspension request, customs must issue a decision within two hours, a timeline that reflects how quickly the opportunity to stop a shipment can be lost. For ex officio suspensions, customs issues the decision and notifies both the declarant and the IP rights holder (or authorized representative) to coordinate on determining the violation.

These procedural improvements complement Circular No. 06/2026/TT-BTC (effective March 1, 2026), which simplified the separate process for customs recordal dossier approval by reducing documentary requirements (for example, legalization of powers of attorney is no longer required) and recognizing electronic verification of IP rights.

E-Commerce and Cross-Border Online Trade

The amended law introduces customs inspection and supervision requirements for goods traded through e-commerce platforms (Article 16a). E-commerce platform operators must connect with customs’ electronic data systems, enabling real-time monitoring of cross-border shipments.

Cross-border e-commerce, particularly through platforms facilitating direct-to-consumer shipments from manufacturing hubs, has become a major channel for counterfeit goods entering Vietnam. By integrating e-commerce data with customs oversight, the amended law creates a mechanism for identifying and intercepting infringing goods that might otherwise bypass traditional container-level inspection.

The Registered Trademark Symbol and Customs Enforcement

A practical issue that has caused confusion for importers concerns goods bearing the registered trademark symbol (®). Under previous legislation, use of this symbol could constitute a false indication of trademark status if the mark was not registered in Vietnam. Under the amended circular, however, use of the symbol is not treated as a violation as long as accurate information regarding the trademark’s protection status in Vietnam is provided on the goods or their packaging, including through supplementary labels affixed to imported goods.

On August 19, 2026, Vietnam Customs issued an official letter confirming this approach, that imported goods bearing the registered trademark symbol should not automatically be regarded as counterfeit merely because the corresponding trademark is not protected in Vietnam. Businesses may remove or cover the symbol or use supplementary labels to provide accurate information regarding the trademark’s protection status. For goods that have already entered Vietnam, a written undertaking mechanism is also available. This approach favors corrective compliance over automatic denial of clearance, providing a pragmatic solution that avoids unnecessary disruption to legitimate trade while maintaining regulatory oversight.

Trademark Authorization Letters in Practice

Vietnamese law does not impose a general statutory requirement for trademark authorization letters for all genuine branded goods. In practice, however, customs officials may request such documentation, particularly for high-value goods or brands commonly targeted by counterfeiters, as part of their verification process. Rights holders and authorized distributors should prepare these letters proactively, ensuring they are current, reference specific product categories, and identify the authorized supply chain. Alternative documentation, including purchase orders, commercial invoices, and supply chain records, should be maintained as fallback evidence of authenticity.

Practical Implications for Rights Holders

Vietnam’s customs law amendments represent a genuine strengthening of the country’s IP enforcement capabilities at the border. For rights holders, the new regime offers substantially improved tools, but only for those who engage proactively. Rights holders should use the window between now and March 2027 to put the necessary administrative foundations in place, so that these tools are available from the day the law takes effect.

This article first appeared in Managing Intellectual Property.