The Ministry of Finance of Vietnam has issued Circular No. 06/2026/TT-BTC, introducing significant amendments to the procedures for customs enforcement of intellectual property rights. The new circular, which will take effect on March 1, 2026, aims to modernize border protection mechanisms through digital transformation, procedural streamlining, and enhanced enforcement clarity.
A key focus of the reform is the mandatory digitalization of IP recordation processes. Applications for customs IP recordals must now be filed primarily through the official electronic portal, with physical submissions accepted only under exceptional technical circumstances. Supporting documents can be submitted in electronic format, significantly reducing administrative burdens. Customs authorities are now bound by a clear 20-working-day timeline to process complete applications, and rightsholders gain the ability to track application status in real time via the online system.
In a move to boost enforcement efficiency, the circular delegates greater decision-making power to on-site customs team leaders. They are now authorized to proactively suspend shipments suspected of IP infringement even without a prior request from the rightsholder. To ensure prompt action by rights owners, customs must notify them of any suspension decision within eight working hours. The regulations also explicitly confirm that goods imported or exported via e-commerce channels fall within the scope of customs IP enforcement, addressing a previously ambiguous area.
The strengthened enforcement powers are balanced by new accountability measures. Notably, if a proactive suspension by customs is later found to be unjustified, the responsible customs unit is obligated to compensate the affected consignee for direct damages incurred. This provision introduces a meaningful check on enforcement actions. Customs is also required to inform rightsholders of the final outcome of cases within a stipulated period, promoting transparency throughout the enforcement cycle.
Overall, Circular 06 represents a targeted update to Vietnam's customs IP regime. By embracing digital tools, accelerating on-the-ground decisions, and clarifying responsibilities, it seeks to create a more predictable, efficient, and balanced framework for IP protection at the border. Businesses involved in cross-border trade with Vietnam should prepare for these changes ahead of the March 2026 effective date.
Source: www.lexology.com
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