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On January 26, 2026, Vietnam's Ministry of Finance issued Circular No. 06/2026/TT-BTC (Circular 06), amending and supplementing Circular No. 13/2015/TT-BTC, which provides guidance on dossiers and procedures for customs recordal and customs supervision in relation to intellectual property rights (IPR). Circular 06 has an effective date of March 1, 2026.
Some notable points of Circular 06 include the following:
Simplified Documentation for Customs Recordal Applications
Circular 06 reduces some documentary requirements for IPR owners:
- A power of attorney is no longer required to be legalized.
- Applicants are no longer required to submit title or registration certificates if such documents are issued in digital form. In such cases, it is sufficient to declare comprehensive information on the relevant IPR, enabling customs authorities to verify the information through publicly accessible databases.
In practice, this amendment is particularly beneficial for international trademark registrations designating Vietnam. IPR owners may no longer need to obtain a confirmation letter from the Intellectual Property Office of Vietnam regarding the validity of a trademark registration in Vietnam. Instead, they may rely on registration status information available from the World Intellectual Property Organization (WIPO) database, reflecting that the international registration has been granted protection in Vietnam.
Clearer Mechanism for Ex Officio Suspension of Suspected Infringing Goods
Although ex officio suspension has been referenced in earlier regulations, Circular 06 provides clearer guidance on the circumstances and procedures under which customs may proactively suspend customs procedures for consignments suspected of being counterfeit or pirated goods.
Accordingly, customs authorities may initiate the suspension of clearance without waiting for a formal request from IPR owners.
Enhanced Supervision of Imported/Exported Goods in E-Commerce
Circular 06 also supplements provisions on the inspection of imported and exported goods transacted through e-commerce channels. Customs authorities may apply risk management measures to assess goods traded via e-commerce platforms that show indications of infringement. Such goods may be subject to suspension procedures similar to those applied to traditional shipments.
Outlook
Circular 06 is expected to facilitate the customs recordal process and enhance the efficiency of customs authorities in border control activities. By streamlining documentation requirements and reinforcing ex officio powers, the new circular represents a further step toward strengthening IPR protection in Vietnam's evolving trade landscape.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
