On 26 January 2026, the Ministry of Finance issued Circular No. 06/2026/TT-BTC ("Circular 06") (effective from 1 March 2026), amending Circular 13/2015/TT-BTC on customs measures for the protection of intellectual property rights at the border. Circular 06 introduces a series of targeted reforms aimed at streamlining procedures, strengthening enforcement, and modernizing customs supervision in Vietnam.

Rather than overhauling the existing framework, Circular 06 refines and clarifies current mechanisms to better align them with the amended Customs Law and evolving enforcement realities, particularly in the context of digital trade and e-commerce.

Circular 06 introduces important procedural updates centered on two overarching objectives:

1. Digitalization and streamlining of customs IP protection procedures
2. Enhanced enforcement powers for Customs authorities, accompanied by clearer safeguards and accountability mechanisms

These changes reflect Vietnam's broader push toward administrative modernization, greater transparency, and more effective supervision of both traditional import-export flows and e-commerce-related shipments.

Effective from 1 March 2026, Circular 06 introduces the following:

• A digital-first approach to customs IP recordation
• Faster enforcement decisions, with greater authority delegated to on-duty Customs team leaders
• A clear notification timeline, requiring Customs to notify IP rightsholders within eight working hours of a suspension decision
• Explicit inclusion of e-commerce shipments within the scope of customs IP enforcement

1. Enhanced digitalization of customs IP recordation

Online submission as the default

• Applications for customs recordal of IP rights must now be submitted primarily through the official electronic system. In-person submissions at Customs offices are permitted only where online filing is technically unavailable.
• While the system had previously been piloted, Circular 06 confirms its official rollout, underscoring Customs' commitment to digital transformation in border supervision.

Acceptance of electronic documentation

• Circular 06 removes one of the most burdensome aspects of the prior regime. Supporting documents, such as IP registration certificates and powers of attorney, may now be submitted in electronic form or by providing links to publicly accessible official databases.
• This change significantly reduces reliance on hard-copy documents and simplifies both recordation and renewal procedures.

Clear approval timeline

• To improve predictability and efficiency, Customs must now approve or respond to a complete and valid electronic recordation dossier within 20 working days of receipt.
• Previously, processing timelines were often unclear or inconsistent. The introduction of a binding statutory deadline marks a notable improvement.

Real-time status tracking and transparency

• Applicants can track the status of their recordal requests online in real time. Each stage of Customs' review, such as requests for additional documents or approval decisions, is updated directly in the system.
• This level of transparency effectively allows IP rightsholders to monitor Customs' handling of their applications throughout the process.

2. Reduced formality and faster on-site decision-making

Proactive customs enforcement

• Circular 06 introduces a new Article 10a, empowering Customs officers to proactively suspend the clearance of import or export shipments suspected of IP infringement, even where no prior request has been filed by the IP rightsholder.
• This authority applies to suspected counterfeit trademark goods, pirated copyright goods and other infringing products.

Delegation of authority to team leaders

• The power to issue suspension decisions has been shifted from the head of the local Customs office to the on-duty team leader.
• This decentralization enables faster, more practical decision-making during on-site inspections, particularly in time-sensitive situations.

Faster notification obligations

• Once a suspension decision is issued, the team leader must notify the relevant IP rightsholder or its authorized representative within eight working hours.
• Notifications are made via the electronic system (or in writing if the system is unavailable), using contact details from existing customs recordals or other known sources.

E-commerce shipments explicitly covered

• Circular 06 confirms that goods imported or exported through e-commerce platforms are subject to the same customs inspection and IP enforcement measures as traditional goods.
• This clarification is particularly significant given past enforcement challenges involving e-commerce shipments, such as small parcel sizes, fragmented logistics and limited traceability.

3. Enhanced accountability and fairness safeguards

• Customs liability for wrongful detention: Where Customs proactively suspends a shipment that is later determined not to infringe IP rights, the responsible Customs unit must compensate the affected business for all resulting damages.
• Transparency in outcomes: Circular 06 requires Customs to inform IP rightsholders of the final outcome of enforcement actions within a prescribed timeframe. Combined with system-based tracking, this ensures that rightsholders remain informed throughout the entire enforcement cycle.

Circular 06 represents a meaningful step forward in strengthening Vietnam's customs IP enforcement framework. By clarifying procedures, delegating authority more effectively and embedding digital tools into daily operations, the Circular addresses long-standing practical challenges without introducing unnecessary complexity.

The clearer definition of enforcement conditions, procedures and decision-making authority helps reduce inconsistent or discretionary practices at the border. At the same time, Circular 06 more clearly allocates responsibilities among Customs authorities, IP rightsholders and import-export businesses, striking a better balance between IP protection and the lawful movement of goods.

Through greater standardization and transparency, Circular 06 enhances legal certainty for businesses and provides Customs officers with a more reliable foundation for enforcement, ultimately contributing to stronger border control and more effective prevention of counterfeit and infringing goods.

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Hoa Tran, Partner, Dung Pham, Special Counsel, Marx Do, Senior Associate, and Nguyet Le, Associate, have co-authored this legal update.

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