In brief
On 23 August 2026, Vietnam's National Assembly passed amendments to the Customs Law that will reshape how IP rights are recorded and enforced at the border. From 1 March 2027, rights owners should benefit from a more practical customs recordal process, a shorter 10-working-day review period, broader controls over goods in transit, and clearer procedures when Customs acts on its own initiative.
Key takeaways
- Rights owners may file customs recordal applications with a convenient regional customs authority, rather than only through a centralized filing route.
- Customs will have 10 working days to accept the recordal, request further information, or reject the application.
- Customs IP controls will expressly extend to goods in transit, closing an important gap in the current framework.
- The amendments provide a clearer process when Customs proactively suspends clearance of suspected IP-infringing goods.
- Businesses should use the lead time before 1 March 2027 to map risk routes, refresh product identification materials and put rapid response protocols in place.
- Further guidance will be important, especially on whether a recordal accepted by one regional customs authority will have nationwide effect and how transit goods cases will be handled in practice.
In more detail
1. Procedures consolidated under Article 74
- The amendments bring the main rules on customs recordal and suspension into revised Article 74, making the framework easier to follow.
- This is not a complete redesign of Vietnam's customs IP regime. Instead, it clarifies the difference between recordal, which supports ongoing Customs monitoring, and suspension, which targets specific shipments.
- Commercially, the changes should help rights owners move faster from intelligence to action, especially where suspected counterfeit shipments are linked to known ports, border gates or logistics routes.
2. Decentralized filing with regional customs
- Under revised Article 74, IP rights owners, either directly or through authorized representatives, may submit requests for customs inspection and supervision to a regional customs authority that is convenient to the applicant.
- This should make recordal more practical for businesses whose enforcement priorities are concentrated around specific ports, border gates, industrial zones or logistics hubs.
- In practice, rights owners should consider selecting a regional customs authority by looking at:
- Where genuine and suspected counterfeit goods usually enter, exit or transit Vietnam
- The location of known importers, exporters, distributors, warehouses and logistics providers
- The business's highest-risk product lines and channels
- The regional customs authority's familiarity with the product category and common infringement patterns.
- Implementing regulations will need to clarify whether a recordal accepted by one regional customs authority will have nationwide effect, or whether multiple filings or coordination points will be required.
3. Faster timeframe for examination
- Under the amendments, the competent regional customs authority must respond within 10 working days by accepting the application, requesting supplementation, or rejecting it.
- This shorter timeline should be useful where a rights owner receives intelligence about an upcoming shipment and needs Customs engagement quickly.
- This shorter statutory deadline should provide greater procedural certainty for rights owners, particularly where urgent recordals are needed in response to shipment intelligence.
4. Goods in transit brought within customs IP controls
- The most commercially important change is the extension of customs IP controls to goods in transit through Vietnam. Under the current framework, border control measures apply to imported and exported goods, while transit goods are excluded from customs suspension measures.
- The amendments bring goods in transit into the scope of customs inspection, supervision and IP controls. They also extend Customs' ex officio suspension authority to transit goods suspected of being IP-infringing counterfeit goods.
- This should strengthen enforcement against counterfeit goods moving through Vietnam via seaports, land borders, bonded warehouses and regional logistics routes.
- For brand owners, this creates an opportunity to rethink Vietnam not only as an import market, but also as a transit and logistics risk point in regional anti-counterfeiting strategies.
- One point still needs guidance: current Article 73.2 refers to rights-owner suspension requests for imported and exported goods, while Customs' ex officio authority is now expressly framed to include imported, exported, and transit goods. Implementing regulations should clarify whether rights owners can directly request suspension for transit goods, or whether action will mainly depend on Customs' own initiative.
5. Transitional arrangements
- The amendment is expected to take effect on 1 March 2027.
- Procedures relating to imported or exported goods that were commenced before this date will continue to be handled under the current Customs Law.
6. Recommended actions
Before the amendment takes effect, IP rights owners should consider the following.
- Map high-risk routes: Review import, export and transit routes, including bonded movements, postal and express parcels, cross-border e-commerce channels and regional logistics corridors.
- Refresh Customs-ready brand materials: Prepare concise product identification guides, images of genuine and counterfeit goods, packaging indicators, authorized importer lists, and red flags for suspicious shipments.
- Choose filing points strategically: Consider which regional customs authority is best placed to support the business's enforcement priorities, especially where risk is concentrated around specific ports or border gates.
- Set up a rapid response protocol: Designate legal, compliance, and business contacts who can quickly confirm authenticity, authorize action, coordinate inspections, and arrange any required deposits or guarantees.
- Monitor implementing regulations: Watch for guidance on the nationwide effect of recordals, coordination among Regional Customs authorities, transit-goods procedures, e-filing requirements, and dossier standards.
Conclusion
The amended Customs Law is a practical step forward for IP border enforcement in Vietnam. It simplifies recordal, shortens Customs' review timeline, and expands the enforcement net to include goods in transit.
For businesses, the main value is operational: the amendments should make it easier to align customs recordals with real trade routes, respond faster to shipment intelligence, and build Vietnam into regional anti-counterfeiting programs.
The impact will depend on the implementation of guidance, particularly on the nationwide effect of recordals and the procedure for transit-goods cases. Rights owners should not wait for 2027 to prepare: reviewing current recordals, updating Customs-facing materials, and setting internal response protocols now will put businesses in a stronger position when the new rules take effect.
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Hoa Tran, Partner, Dung Pham, Special Counsel, and Son Tuan Do, Senior Associate, have co-authored this legal update.
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