Vietnam approves customs law changes to strengthen IP enforcement

Aug 23 (Reuters) - - Vietnam's National ‌Assembly on Sunday ​approved ​amendments to the customs law that strengthen customs powers to intercept counterfeit and intellectual property-infringing goods, a move that ‌could address some concerns raised in a U.S. trade ⁠investigation into the country's protection and enforcement of intellectual property rights.

• The changes come ‌after the U.S. Trade ‌Representative in May launched a Section 301 investigation into Vietnam's intellectual property regime after designating the country a "priority foreign country" in its ​annual Special 301 review.

• Among the concerns cited by USTR were widespread counterfeiting, weak border enforcement, limited use of customs' authority ⁠to seize suspected counterfeit goods on its own initiative, and the absence of similar powers ​over goods transiting Vietnam.

• The revised law, which takes effect in March 2027, expands customs enforcement provisions to cover ​not only imported and exported goods ‌but also goods transiting through Vietnam, broadening the range of shipments that may be subject to intervention by ⁠customs authorities.

• Under the amendments, customs authorities retain the power to suspend clearance when rights holders provide evidence of possible infringement and a financial guarantee. ⁠Customs officers may also proactively halt the clearance of imported, exported or transit ​goods if they identify clear signs of counterfeiting or other intellectual property violations.

• The law also introduces new provisions governing goods traded through e-commerce platforms, as ‌Vietnam experiences rapid growth in cross-border online shopping, much of it supplied by Chinese merchants.

• Goods imported ‌and exported through e-commerce platforms will be required to undergo customs procedures ⁠and remain subject to customs ‌supervision, while platform operators ​and logistics providers will be required to provide relevant information to customs authorities.

(Reporting by Khanh Vu; Editing by ‌Raju Gopalakrishnan)

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