Procedures for requesting the suspension or extension of the suspension of customs procedures for imported or exported goods with claims for protection of intellectual property rights

In case the Electronic Customs Data Processing System is not responsive or has errors, the intellectual property right holder or legally authorized person shall submit 01 set of paper documents to the Customs Sub-Department where customs procedures for exported and imported goods are carried out, requesting temporary suspension of customs procedures.

b) Authorized or delegated authority or person to perform (if any): none.

c) Agency directly implementing administrative procedures: none,

d) Coordinating agency (if any): none.

– Article 9, Article 10 of 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;

– Clause 7, Clause 8, Article 1 of Circular No. 13/2020/TT-BTC dated March 6, 2020 of the Ministry of Finance of the Minister 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 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.

The applicant submits a request to temporarily suspend customs procedures for exported and imported goods requiring intellectual property protection or a request to extend the temporary suspension of customs procedures to the Customs Sub-Department where customs procedures are carried out for the exported and imported goods for which the request to temporarily suspend customs procedures is made.

- Step 2:

The Head of the Customs Sub-Department issues a decision to temporarily suspend customs procedures; a decision to extend the period of temporary suspension of customs procedures.

a) Application dossier for inspection and supervision of exported and imported goods requiring protection of intellectual property rights as prescribed in Article 6 of Circular No. 13/2015/TT-BTC dated January 30, 2015, amended and supplemented in Clause 4, Article 1 of Circular No. 13/2020/TT-BTC March 6, 2020 of the Ministry of Finance:

b) Application for temporary suspension of customs procedures according to Form No. 02 – DTD/SHTT/2020 Appendix issued with Circular No. 13/2020/TT-BTC March 6, 2020 of the Ministry of Finance;

c) Guarantee documents from credit institutions or security deposits as prescribed in Clause 3, Article 74 of the Customs Law;

d) Documents for payment of customs fees according to temporary suspension of customs procedures 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 at points b and c are originals, the documents at point d are copies signed and stamped by the person submitting the Application.

In case the General Department of Customs (Department of Customs Supervision and Management) has issued a written notice accepting the Application for inspection and supervision, the application for temporary suspension of customs procedures includes the documents specified in points b, c, and d above.

In case of request for extension of the suspension period of customs procedures: The right holder shall submit a written request for extension and submit a deposit or guarantee document.