Procedures for requesting, extending and terminating the time limit for inspection and supervision of exported and imported goods with claims for protection of intellectual property rights and for addition or change of information requested for inspection and supervision:

In case the Electronic Customs Data Processing System is not responsive or has errors, the applicant shall submit 01 set of paper documents at the One-stop-shop of the General Department of Customs or send it by post to the General Department of Customs (Department of Customs Supervision and Management).

– For request to terminate inspection and supervision: 5 working days from the date of receipt of the request document of the Applicant or notice of the state management agency.

c) Agency directly implementing administrative procedures: Department of Customs Management and Supervision.

d) Coordinating agency (if any): None.

– In case of supplementing, changing information, extending, or terminating the application period of inspection and supervision measures for exported and imported goods requiring intellectual property protection, the notice is to supplement, change information, accept the request for extension, or terminate the inspection and supervision of goods requiring intellectual property protection.

– Circular no 13/2015/TT-BTC dated January 30, 2015 of the Minister of Finance regulating the inspection, supervision, and temporary suspension of customs procedures for exported and imported goods requiring protection of intellectual property rights; control of counterfeit goods and goods infringing intellectual property rights;

– Circular no 274/2016/TT-BTC dated November 14, 2016 of the Minister of Finance stipulating the collection rates, collection, payment, management and use of customs fees and charges for goods and vehicles in transit;

– Clauses 4, 5, 6, Article 1 of Circular No. 13/2020/TT-BTC dated March 6, 2020 of the Ministry of Finance amending and supplementing a number of articles of Circular No. 13/2015/TT-BTC dated January 30, 2015 of the Minister of Finance regulating

The applicant submits the application for inspection and supervision of exported and imported goods requiring intellectual property protection to the General Department of Customs via the Customs Electronic Data Processing System.

In case the applicant has a notice of change or supplement to the dossier; extension or termination of the application period of inspection and supervision measures for exported and imported goods requiring intellectual property protection, the applicant shall send a written request for notification of change or supplement to the dossier; extension or termination of the application period of inspection and supervision measures for exported and imported goods requiring intellectual property protection to the General Department of Customs via the Customs electronic data processing system.

+ Step 2:

The General Department of Customs receives, checks the documents and conditions according to regulations and notifies the applicant in writing about accepting or not accepting the application.

a) Application for inspection and supervision of exported and imported goods requiring intellectual property protection according to Form No. 01-DDN/SHTT/2020 Appendix issued with Circular No. 13/2020/TT-BTC March 6, 2020 of the Ministry of Finance;

b) Certificate of protection of industrial property rights or other documents proving that industrial property rights are being protected in Vietnam or Certificate of registration of contract for transfer of rights to use industrial property objects; Certificate of registration of copyright, rights related to copyright, rights to plant varieties or other documents proving copyright, rights related to copyright, rights to plant varieties;

c) Detailed description of goods infringing intellectual property rights, photos, and distinguishing features of genuine goods from goods infringing intellectual property rights;

d) List of legal exporters and importers of goods requiring supervision; list of persons capable of exporting and importing goods that infringe intellectual property rights;

d) Authorization document (in case of authorization to submit application);

e) Documents for paying customs fees as prescribed in Circular No. 274/2016/TT-BTC dated November 14, 2016 of the Minister of Finance stipulating the collection rates, collection, payment, management and use of customs fees and charges for goods and vehicles in transit.

The documents specified in points a, c, d are originals; the documents specified in points b, d, e are copies signed and stamped with confirmation by the intellectual property owner or legally authorized person.

In case of supplementing or changing submitted information, the rights holder shall send a written notice to the General Department of Customs notifying of this change.

In case the person submitting the Application for extension of the period of application of customs inspection and supervision measures for goods requiring protection of intellectual property rights as prescribed in Clause 2, Article 74 of the Customs Law, the intellectual property right holder or legally authorized person shall submit the Application for extension to the General Department of Customs via the Customs electronic data processing system at least 20 days before the expiry date stated in the written notice of acceptance of the request for inspection and supervision; the Application shall clearly state information on the number, date and validity period of the intellectual property protection certificate requested for extension; the number and date of the written notice of acceptance of inspection and supervision by the customs authority.

In case the rights holder requests to terminate the application of inspection and supervision measures for exported and imported goods requiring intellectual property protection, he/she shall send a document to the General Department of Customs.