Customs IP Protection in Vietnam
Intellectual property protection at the border is not only a matter of intellectual property law, it is fundamentally a matter of customs control. When counterfeit goods or products suspected of infringing trademarks, patents, or industrial designs cross national borders, the authority responsible for stopping those goods is not the intellectual property office but the customs, belongs to the Ministry of Finance which is responsible for border taxation, trade control, and enforcement of customs regulations.
This institutional structure explains why the rules on customs suspension of goods suspected of infringing intellectual property rights are now being modernized through Circular 06/2026/TT-BTC, which governs how customs officers detect, verify, and suspend shipments that may violate existing IP rights during border procedures.
In practical terms, the reform reflects a policy shift toward a more modern and technology enabled customs enforcement system. By simplifying documentation requirements, recognizing electronic verification of IP rights, and empowering customs authorities to act more proactively against suspected infringing shipments, the Ministry of Finance strengthens Vietnam’s capacity to enforce intellectual property rights at the point where counterfeit goods most often enter or leave the market, the border, which understanding the customs law becomes increasingly important.
Under the previous framework governed by Circular 13/2015/TT-BTC, international brand owners seeking customs IP protection in Vietnam faced significant procedural requirements. The recordal process demanded notarized and legalized Powers of Attorney, hard-copy IP certificates, and local confirmation from the IP Office of Vietnam.
For foreign companies managing trademark portfolios across multiple jurisdictions, this created operational friction and constrained participation in Vietnam’s IP enforcement system. The legalization process alone, typically involving consular authentication in the home country could take weeks and generate substantial legal fees, often requiring the support of intellectual property lawyers in Vietnam to navigate the process.
The Ministry of Finance issued Circular 06/2026/TT-BTC on January 26, 2026, effective March 1, 2026, introducing a “Digital-First” approach to customs IP enforcement. The circular simplifies documentation requirements and enables greater reliance on electronic verification of IP rights. IP rights holders may now rely on digital registration data verifiable through international public databases, including the WIPO Global Brand Database.
Circular 06/2026/TT-BTC empowers customs authorities to act proactively against suspected infringing shipments without requiring a prior request from the rights holder. On-duty team leaders can now sign suspension decisions directly, halting clearance for an initial window of eight working hours to notify the IP owner. This authority is supported by real-time database integration through the national risk management system. The combination of delegated decision-making and digital verification enables a faster, more effective response to potential infringements at the border.
The circular explicitly integrates e-commerce channels into the customs IP supervision framework. Customs authorities now apply specialized risk management profiles to online transactions, targeting goods arriving through cross-border B2C platforms, express delivery and postal services, and livestream-based sales. This provision works in tandem with the Law on E-commerce 2025, taking effect July 1, 2026.
The following table highlights the procedural evolution for international brand owners:
| Feature | Circular 13/2015 (Old) | Circular 06/2026 (New) |
| Power of Attorney | Must be notarized and legalized | Simplified documents |
| IP Certificates | Hard copies or local confirmation | Digital certificates / WIPO links |
| Suspension Trigger | Usually requires owner request | Proactive suspension by Customs |
| Approval Timeline | Often unpredictable | 20 working days for recordal |
| E-Commerce Focus | General / Limited | Dedicated risk management checks |
Circular 06/2026/TT-BTC represents a meaningful shift in how Vietnam approaches customs IP protection. By removing legalization barriers, adopting digital verification, and granting proactive enforcement authority, the reform aligns Vietnam’s border control procedures more closely with international standards.
For international brand owners, this creates a more accessible and cost-effective pathway to protect intellectual property at Vietnam’s borders. However, the simplified procedures do not eliminate all documentation requirements.
As Vietnam continues to develop its capital markets and regulatory infrastructure, Circular 06/2026/TT-BTC signals the government’s commitment to strengthening customs IP protection in Vietnam while balancing market accessibility. For foreign investors looking to start a business in Vietnam, understanding these regulatory developments is essential to building a sustainable market presence.
We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest protection, risk mitigation and regulatory compliance. ANT Lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.
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