Short answer: The colloquial “registering IP protection with customs” is legally a “request for inspection and monitoring” (recordal) — customs does not grant rights; IP rights must be established beforehand (protection titles already issued). A protected right holder may ask customs to inspect, monitor, or suspend customs clearance for import-export goods showing signs of infringement (Article 73 of the Customs Law 2014). This article covers the current framework first, then the new framework from 01/3/2027 under Law 11/2026/QH16 — the two must be kept separate; never present not-yet-effective law as current law.
1. The nature: a request for inspection and monitoring, not registration
Article 73 of the Customs Law 54/2014/QH13 sets the principle of inspection, monitoring and suspension of customs procedures for import-export goods showing signs of IP infringement, at the request of an already-protected right holder. Three common mistakes:
- It is not a “protection registration” procedure: customs does not establish IP rights; without a protection title (trademark, design or copyright certificate), no monitoring request is possible;
- Scope: import-export goods showing signs of infringement — a tool to stop counterfeits and pirated copies right at the border;
- Effect: once the monitoring file is accepted, customs at border gates have grounds to inspect and suspend suspicious shipments bearing your signs.
2. File and procedure (Customs Law Art. 74 + Circular 13/2015)
Article 74 of the Customs Law governs the procedure for requesting inspection, monitoring and suspension; details are in Articles 6–7 of Circular 13/2015/TT-BTC (amended by Circular 06/2026/TT-BTC). The file includes:
- The request using form 01-SHTT;
- A copy of the protection title/certificate;
- A detailed description of the infringing goods + genuine-vs-fake comparison photos — the more specific, the easier identification at the gate;
- A list of lawful importers/exporters and suspected parties (if any);
- A power of attorney (if filed through a representative); fee payment receipts.
Where to file: the customs authority under the current decentralization (Regional Customs Sub-departments). Processing time: 20 working days. Validity: 2 years, extendable by another 2 years but not exceeding the IP protection term.
3. Suspending customs clearance (IP Law Art. 216–218)
When a shipment shows signs of infringement, there are two suspension mechanisms:
- (a) At the right holder request (Articles 216–217 of Consolidated Document 67): the file includes evidence of the right, goods description, evidence of infringement signs + a security deposit of 20% of the shipment value or at least VND 20 million (Article 217.2). The deposit is the “price” of requesting suspension — if the request is wrong, the right holder must compensate the cargo owner;
- (b) Customs-initiated suspension upon clear grounds that the goods are counterfeit (Article 216.2(b)).
Suspension period: 10 working days, extendable to a maximum of 20 days with legitimate reasons plus additional security (Article 218.2). If the right holder does not sue, or no competent authority accepts the administrative case, before expiry → customs resumes clearance of the shipment.
4. The new proactive mechanism: Circular 06/2026/TT-BTC
Circular 06/2026/TT-BTC (effective 01/3/2026) adds Article 10a to Circular 13/2015/TT-BTC — an important update:
- The Head of the Customs unit where the declaration is registered may proactively issue a suspension decision on the spot upon clear grounds that goods are counterfeit trademark, geographical indication or pirated goods;
- Must notify the right holder within 08 working hours;
- Conduct a physical inspection immediately after the suspension decision.
This means that even before the right holder sends a request, customs can “hold” clearly counterfeit shipments at the gate — but the right holder must then quickly complete procedures so the case is not “released” when the suspension expires.
5. What is new from 01/3/2027 — Law 11/2026/QH16 (not yet effective)
Law 11/2026/QH16 (passed 23/8/2026, effective 01/3/2027) amends Article 73 of the Customs Law with: inspection and monitoring term of 2 years, extendable by 2 years; proactive suspension by customs; suspension or refusal decisions issued within 02 working hours. Mandatory note: these provisions are not yet effective — present them only in the “from 01/3/2027” frame, never as current law.
6. Handling after suspension
If the goods are determined to infringe IP rights:
- Administrative sanctions: customs authorities are competent to sanction in industrial property (Decree 186/2026/ND-CP, effective 15/7/2026) — with confiscation and destruction of infringing goods;
- Transfer to investigators if there are signs of a crime (large-scale counterfeit trademark or geographical indication goods).
FAQs
Can I request customs monitoring without a protection title?
No. IP rights must be established beforehand — customs does not grant rights; it only inspects and monitors at the request of an already-protected right holder.
Is the 20% security deposit refundable?
The deposit secures compensation to the cargo owner if the suspension request is wrong. The level under Article 217.2 of Consolidated Document 67: 20% of the shipment value or at least VND 20 million.
How long is a monitoring file valid?
2 years, extendable by another 2 years, but not exceeding the IP protection term.
Can customs suspend a shipment without a right-holder request?
Yes — upon clear grounds that goods are counterfeit (Art. 216.2(b) of Consolidated Document 67; from 01/3/2026 there is an additional proactive mechanism in new Article 10a of Circular 13/2015 under Circular 06/2026/TT-BTC).
Legal sources
- Intellectual Property Law — Consolidated Document 67/VBHN-VPQH (consolidated up to Law 131/2025/QH15, effective 01/4/2026): Art. 216 (control measures), Art. 217 (obligations + 20%/VND 20m security), Art. 218 (suspension procedure: 10 days, max 20 days).
- Customs Law 54/2014/QH13: Art. 73 (principles of inspection, monitoring, suspension); Art. 74 (request procedure).
- Circular 13/2015/TT-BTC (amended by Circular 06/2026/TT-BTC, effective 01/3/2026): Art. 6–7 (form 01-SHTT, filing place, 20-day processing); new Art. 10a (proactive suspension, 08-hour notice).
- Law 11/2026/QH16 (passed 23/8/2026) — effective 01/3/2027, not yet applicable: amends Art. 73 of the Customs Law.
- Decree 99/2013/ND-CP (amended by Decree 186/2026/ND-CP, effective 15/7/2026): customs sanctioning competence in industrial property.
A trademark, design or copyright owner with import-export goods, wanting to record monitoring files with customs or needing to handle a shipment suspended over suspected infringement? Reach us via the Contact page of FLAT Law Firm.
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
For reference only, not legal advice.